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No fault car accident - Auxilis want me to sue other driver for hire car costs - please help !

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I had a non fault car accident 4 years ago.

Car was a write off and the other driver admitted fault car was paid off. 

I was paid out a year ago For injuries. 

 

Auxilis have now asked me to hire a solicitor they have instructed to get the hire car frees back.

Do I have to do this?

 

They have sent me a digital hire agreement. 

They cannot provide me with any documentation of me receiving vehicle or handing back as destroy after a year.

 

I can only assume I had the car for the time length they are saying.

Do I have to hire the solicitor in my name

they say i don’t have to pay for ? 

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You are right to come here and about this. Search this forum for Auxillis. I think we have had one or two reports of people being asked to sign documents which turn out to be credit agreements.

I would refuse to sign anything with Auxillis. How did they get your details in respect of an event which happened four years ago. I think you should ask them on what basis they think that you are obliged to sign anything or enter into any agreement with them. Come back here and let us know


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Hi.

 

I've moved your thread to the motor insurance forum and left you a link to follow from the Questions and Suggestions forum.

 

Were Hastings Insurance involved with this at all?

 

HB


Illegitimi non carborundum

 

 

 

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don't agree!!

 

read this sorry tale

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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They are saying I electronically signed for the car 4 years ago.

They have an electronic document that I apparently signed following a car accident.

 But due to data protection laws do not have any docuements With my signature saying I received Car and handed back.

They are only kept for one year 


I have insurance apparently with them for a solicitor.

Do I have to instruct or can I walk away 
 

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is that thread the same as your situation..

 

do they want YOU to raise a court claim on their behalf?

if so no!!

 

their problem not yourS!!

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi

yes they said I need to claim the cost back from them and hire solicitor they instruct. Or I’m liable for fees.

 

They have a online document terms and conditions document that I apparently signed online.

But no document that I signed for delivery of car. Or collection  

This is due they say to destroying after a year due to Data protection 

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and ofcourse this is all in writing by letters?

if they've no proof , then let them wave their arms you supposedly owe them money.

 

did you go read that thread?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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You basically agreed to a credit hire car after you had an accident 4 years ago.  The credit hire is basically your agreement to be provided with a hire car and if Auxillis could not recover any of the cost of the hire, you would be responsible for the amount left owing.

 

So far your claim has been settled, apart from this car hire.  

 

What you need Auxillis to confirm in writing is exactly what the situation is with the Car Hire, was this a credit hire arrangement and why you were not given clear information about the arrangement.  Ask what reasons the third party Insurers given for not paying for the Car Hire and why they are asking you to hire a Solicitors they are instructing and what terms/conditions apply to the hiring of Solicitors


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Yes. The third party will not pay the hire car. They have a electronic signed terms and Conditions form. An email stating “ fleet team do not keep for longer than 12mths due to GDPR document that I signed for car and date collected 

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22 minutes ago, dx100uk said:

and ofcourse this is all in writing by letters?

if they've no proof , then let them wave their arms you supposedly owe them money.

 

did you go read that thread?

 

dx

 

Yes I read very stressful. I have a document which I apparently signed online for. But fleet dates after 12 months due to data protection the form I signed to accept car 

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2 hours ago, unclebulgaria67 said:

You basically agreed to a credit hire car after you had an accident 4 years ago.  The credit hire is basically your agreement to be provided with a hire car and if Auxillis could not recover any of the cost of the hire, you would be responsible for the amount left owing.

 

So far your claim has been settled, apart from this car hire.  

 

What you need Auxillis to confirm in writing is exactly what the situation is with the Car Hire, was this a credit hire arrangement and why you were not given clear information about the arrangement.  Ask what reasons the third party Insurers given for not paying for the Car Hire and why they are asking you to hire a Solicitors they are instructing and what terms/conditions apply to the hiring of Solicitors

 

They said the third party refused to pay and I will need to hire the solicitor to claim on my behalf.

I would imagine the cost as its like 20K for 30 days.  

 

I asked for document with my signature of terms and conditions and the documentation that I signed to accept the car and return.

 

They provided electronic terms and conditions

the acceptable of car and return they cannot as destiny after 12mths due to data protection.

can they prove I actually accepted the car? and for how long? 

 

Having read the threads of others I really don't want the stress of all this.

But will I be held responsible if I don't hire the solicitor. 

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£20,000 for 30 days worth of car hire ?

 

No wonder the third party insurers are refusing to pay.

 

I would go back and ask for proof that you agreed to the credit hire arrangement and tell them the digital document they have provided is not proof that you accepted terms/conditions related to a credit hire agreement for a hire car.   

 

Tell them in writing that you are confused and worried by them dealing with this matter 4 years after an accident and need to be provided with much more information, so  that you are fully informed of the situation.   

 

Why did you have a hire car for 30 days and why is it so expensive ?    What type of car were you driving and was the hire car equivalent to this ?    Why could they not have hired you a cheap 3 door hatchback ?


We could do with some help from you.

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

 

If you want advice on your thread please PM me a link to your thread

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send them a CCA request if you signed an agreement.

 

a set of T&C are NOT proof you signed up to anything.!!

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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HI they have provided me with a hire agreement doc that was done online apparently. it has my name typed in it. It also states that I have a insurance policy if the third party do not pay.

 

They are now saying I need to take on their solicitor in.my name to take on the case. if I don't I am not assisting them. I do not want to sign up for this.

 

My insurance admiral sorted this out as I had car cover. My memory is not good around this times I hit my head. I lost my memory a few days later having found out I had a minor stroke due to the blow to the head.

 

I asked for document that I accepted car and returned. They could not provided these as said by email fleet team could only keep for 12 mths due to data protection. 

 

The car was a 4x4 merc as I had. It was Witten off. 

 

stressed out with what to do 

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listen.

 

the LAST thing you want to do is be the patsy for THEM as the claimant in a court case like the other user I pointed too.

do NOT agree.

 

the issue is between them and admiral.

contact admiral and tell them what is going on.

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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If you have 0% liability for the hire car and 0% liability for the legal costs of hiring a Solicitors, then if Auxillis confirm this in writing to you, then yes sign the document, so the Solicitors can be instructed.

 

You have stated that they told you that you have an Insurance policy which will pay the hire car costs, if the third party insurer does not pay. Get this confirmed in writing.

 

You need Auxillis to confirm in writing in very clear language so there can be no misunderstanding.  If Auxillis confirm the information in writing to your satisfaction, the yes agree to the legal actions required. if you don't agree to the legal action to try to get the third party insurers to pay the hire car costs, you may find they try to get you to pay.

 

 


We could do with some help from you.

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

 

If you want advice on your thread please PM me a link to your thread

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What worries me is if they don’t win then I could be liable for the solicitors fees. 
I have to sign a document agreeing. I don’t want to. This is not assisting. 

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If you don't want to sign – then don't sign. Maybe you ought to put up the document here that they asking you to sign – in scanned PDF format.

 

Also, if they destroyed documents which was still relevant because they refer to an open case then that is tough on them. In fact it is probably a breach of the data protection act


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