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    • Hi Thanks for your reply. I have discussed this with citizens advice and they have taken details of the builder and reported them to trading standards who will take appropriate action. The builders claim that as the draft contract was sent over by email and I had time to think it over before deciding there is no cooling off period in this case.   When sending the draft contract they do not cover any details relating to cancellation rights or any of the details required in the legislation above as they are claiming it should be treated as 'on premises' and therefore my consumer rights do not exist.   I prefer not to give their name on a public forum at the moment but they are certainly not making my life easy at the moment. They are threatening to sue me for breach of contract if i do not pay up in 14 days.
    • Hi all, was a bit busy with my friends witness statement. It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a). I'm not sure do my mate will be ready to go as he fall in deep depression, lost his interest in life and do not communicate at all now. Ok, there is the WS attached. Thanks DX for advice, I found some good ones here. No names stated in case someone from claimants side reading this. Will be appreciated for any advises and corrections. Thank you in advance.       WS.docx
    • Ok thanks DX, so i reclaim these charges and default sum fee's Then I guess once/if this is settled and they hopefully refund these charges then I need to make a repayment plan arrangement with them.   I think i need to move quickly as they have mentioned legal action which they said would involve property repossesion (so they stated anyway!)
    • Wrongly. I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so. You've waited this long, another 24 hours won't make a big difference. You may as well get it right
    • Please will you tell us the name of the builders.  http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made lays out the circumstances in which you lose your right to cancel and off premises contract. I don't see anything here which says that you are not entitled to use the 14 day cooling off period. I suggest that you email the building immediately and ask him on what basis he says that you are not entitled to a cooling off period. Tell him that if he will not explain this to you then you will not engage in any further communication with him. In any event, and off premises contract must contain at least the following information – meaning that the supplier of the services must provide you with the following information http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made     Please check your contract and any other messages you have received on paper or by email and see whether together it can be said that you are provided all of this information. If you were not provided with this information then the cooling period doesn't even begin to run. To all intents and purposes the contract is not complete yet. On the basis of the dates that you have provided to us it would appear that you have exercise your right to cancel just within the 14 day period and so therefore your cancellation is good. It seems to me on the basis of what you have told us that you are being bullied and browbeaten by these people. If it is correct that they haven't given you any details about the right to cancel then they are potentially committing an offence and once they have explain to you why you don't have the benefit of a cooling off period, you could then reply to them and warn them that by failing to include all of the information in schedule two – but particularly information as to the right to cancel, they are committing an offence. http://www.legislation.gov.uk/uksi/2013/3134/regulation/19/made   Once you are satisfied that you are on secure ground, I would suggest that you write and tell them to do the other thing and that you will be happy to see them in court where you are sure that the judge will be very interested also to see the way they have behaved against you. Please let us know the name of the builders and also once you are sure of your ground I suggest that you start putting reviews up on trust pilot and Google and elsewhere.
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Strider440

At fault despite dashcam footage and.....

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Bottom line up front

Have gone to renew insurance and told i have a fault claim on my policy from last year, I had an accident last year, the other driver was at fault, I had dashcam footage, there were multiple witnesses, he was prosecuted by the Police, but somehow the insurance company have decided it was my fault and now my premium is more than double at £700, for a car I barely use now having moved house.

The other driver tried to claim injuries from my insurance, solicitors got involved, I had interviews with them and then once the Police made their decision I was told it was basically all over.

 

My renewal is due in a few days, I think they'll drag their heels and try to bully me, I won't be bullied, I may end up cancelling the insurance altogether and walking/cycling instead.

What options do I have with this situation? I'm really angry as this is their f**kup and I have to pay for it.


 

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Speak to claims and find out why it is noted as fault. It might be an error they can resolve with underwriting. 


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Ok, I contacted them (which was difficult in itself), they confirm it's a no fault claim, BUT it seems to be on the national database as being my fault, which means wherever I go i'm going to either get screwed OR declined........ I'm not sure what I can do, i've got a few days only, probably going to have to take my car off the road until it can be resolved.

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It will be marked as fault until your insurers either get an admission of liability, or reclaim their losses, mark the NCD as allowed etc.  It will vary from insurer to insurer

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sorry I meant to say more ...... 

 

It will be marked as fault until your insurers either get an admission of liability, or reclaim their losses, mark the NCD as allowed etc.  It will vary from insurer to insurer. 

 

If you pay an increased premium due to the claim stating fault for now, you will usually be reimbursed the premium increase upon the admission of liability, it's worth checking with them if you do go ahead, or any other insurers you take a policy out with   - as you don't have to stay with the same one . 

 

I know this is not that helpful, my only other advice i can give is to question if your insurer has done enough to secure the liability admission,  make a complaint, say you feel this has gone on for long enough - go to the FOS if needed,  if they havn't acted as they should it may change everything,  and if it really is a case that the third party is arguing the toss (people do, even in the face of evidence) at least you know they are on your side. 

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Posted (edited)

My experience is that the claims team are really quite helpful, but the sales/renewals people are reluctant to budge, so I wonder if it's a case of they only give a damn about meeting some sort of sales targets.
They probably think they have me by the balls, think I can't go anywhere else, but if they blank me i'll cancel the insurance, take the car off the road and then threaten to charge them for transport costs, as well as contacting the ombudsman if they don't fix the issue.

I wonder how I go about getting my record changed to reflect the truth of the claim........ Because that's the real issue stopping me shopping around.

Edited by Strider440

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Claims team of the underwriters will have noted it as fault. Claims need to update the record, if they are able to do so.


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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Ok, it's all gone tits up....... From tomorrow I have no insurance, car is being taken off the road, been told it'll take 5 days to update the claims record. SO now I have to SORN my car, totally screwed up situation.

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If you have had confirmation that they will amend the records on the database, go ahead and purchase insurance declaring the accident as no fault.

Otherwise you could sorn for a few days until it's updated.

You can sorn online in a couple of minutes.

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Thanks all, car is now sorn, cannot tax for 5 working days, got an official email from the insurer today confirming the claim status, so I can get insurance sorted now with something official as backup, the  broker needs to amend their records or ill be going elsewhere.

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