Goskippy and auxillis car hire charges

[BankFodder]

8 hours ago, Gemma19194 said:

hello i'm the sister im here now

 

 

Please could you start a new thread as requested yesterday.

We will concentrate in that thread on the accident and your liability in the accident. This thread can continue in respect of the hire car problem.

I expect that the two will eventually be linked but I think it's important to deal with the question of the third party liability as soon as possible.

Please start a new thread

 

[Gemma19194]

I have started a new thread last night 

[BankFodder]

Yes sorry I understand that now. I think there was some confusion amongst my site team colleagues and they think that you are simply starting a new thread on the same topic.

I'll go through and delete whatever is necessary soon.

However, I'd like you to start a new thread simply dealing with the accident. I'm going to want lots of details. I'm also going to want the sketch diagrams which I've asked for twice – and I'm not sure why you haven't done them. But let's get going. I think you be quite surprised that what we can manage here.

So let's begin by starting up a new thread relating just to the accident. I'm not interested in any of the stuff relating to the hire car.

I expect that the question of liability and the hire car problem will eventually be linked up that I think it's important first of all to get you out of the situation where you seem to be paying for somebody else's poor driving.

Please start a new thread

[Gemma19194]

I had uploaded my street view diagram twice- not sure why it hasn't been attatched to my post.

 

I have started a new thread so hope to carry on the conversation on my new thread.

[BankFodder]

Incidentally, for the first time in a long time I'm starting to understand a bit how this AX thing works.

We've had quite a lot of it on this forum.

Your insurer declined to deal with you but they realise that you don't have a car so they phone their chums AX, in this case and tell them that there is a prospect that they should call because they will probably be able to take advantage of their difficult situation while they're not really in a position to start making rational decisions and get them to be involved and an expensive car rental.

You then receive a telephone call from AX – which is effectively a cold call and various representations are made and assurances are given and they rely on the fact that because they can refer to your insurer who you already have a contract with and so presumably whom you trust, you take them – AX – at their word. You never bother to record the call. You are unguarded and you accept their assurances and you then receive their forms and of course you don't read the writing on their forms. You are simply grateful to have a rental car provided for you.

Later on, as you are finding out – or as you are about to find out – you actually undertaken to pay for the rental car and at a very expensive rate.

AX makes a nice fat profit. Your insurer takes a cut from AX – the third party is spared from any possible expense of having to foot the bill for your rental vehicle – and in fact everyone has a share of your misfortune.
Now you know.

[Gemma19194]

I now know this. But how can i get out of it? 

Or can i not? Do i just have to accept i am lumbered with a nearly 5000 pound worth of debt? 

[BankFodder]

That's what we're trying to work out – whether you can get out of it.

The help you get from my site team colleagues @unclebulgaria67 and @dx100uk will probably be about the best help available on the Internet and I expect they will be along later on at some point to take this further.

In the meantime, it's obvious that your details were passed on to AX. I think maybe we need to have a look at your contract with Skippy. Let's see what it says about sharing of data.

 

[Gemma19194]

I have logged into my emails to download my goskippy policy documents. The email from goskippy states my documents are stored on my online portel. I have attempted to login to this, but i think they have deactivated my account due to me not renewing with them. 

 

I need to contact my brother to see if he can recover them somehow - he is more technically advanced than me.

 

[unclebulgaria67]

I will have a think about this and come back later.

 

AX have provided very poor information in this case, if they told you that you had a good chance of claiming everything back from the third party.

 

If you were travelling at 30mph on a road which had ice and snow, this was arguably too fast for the conditions.  I would also question the visibility conditions e.g light level, parked cars.

 

AX arguably had a duty to explain that liability for the accident was not clear and that they could provide a hire car, but if you were found party responsible for the accident, you would have to pay some of the hire car costs, plus the daily rate of hire car etc.

 

SAR to AX is a must, asking for copy of the phone call recordings and claim information on their systems.

[BankFodder]

Also, SAR to everyone else. I've already asked you to do this on the other thread.

Also, no more phone calls unless you have read our customer services guide and implemented the advice there. Follow the customer services guide link or else click on it as it passes through the running banner at the top of the forum page

[BankFodder]

Just to add, if you can start recording your calls then telephone conversations might be very useful because you may well be able to steer the conversation into some useful admissions. For instance, you might be able to get them to refer to the earlier conversations and what was said in them.
This kind of thing would be gold dust.

I think you can see that you have been tricked by aggressive salespeople – and it's up to you to start becoming a bit aggressive and assertive – and tricky – yourself.

[BankFodder]

One very useful admission to obtain from them in a recorded call would be to get them to admit that they hadn't informed you in advance as to the cost of the car rental.

So for instance – "I'm just calling to find out what the cost of the car rental is because when you first approached me, it wasn't explained. I'm just want to find out so I can start arranging to pay how much I owe you."
Something like that. The point is somehow or other to get them to acknowledge that they hadn't told you the rate at the time.

It's an implied term of any contract for services that where no price has been agreed – then a reasonable price will be implied. Clearly you are not being asked to pay a reasonable price

Edited March 6, 2021 by BankFodder

[unclebulgaria67]

@Gemma19194

 

Having checked the AX website FAQ, it appears they now offer the hire car on a no win no fee basis, providing you complied with their terms and conditions.  Just make sure this is what your arrangement is with them and make sure you ask them how you can comply with their terms and conditions. 

 

What is Credit Hire and Credit Repair? (ax-uk.com)

 

 

Quote

Will it cost me anything, or is it a free service?

We pay the charges for you, which is why it is called Credit Hire, so you don't have to. 

You are legally responsible for the hire charges, but we will claim them on your behalf from the fault party.  

If we are not able to recover the hire charges from the fault party, provided you have complied with the terms of the rental agreement (which includes co-operating with us throughout your claim), the hire charges will be written off.

This is known as a contingent liability or, simply, no win no fee

 

 

[stu007]

Hi could you clarify as it is still unclear about AX as to how they contacted you.

 

How did AX contact you? (phone, email etc)

 

How long was it after the accident that AX contacted you?

 

When AX informed you that you had nothing to pay as this would be paid by the insurance company did you contact your insurance company to verify this before agreeing to AX T&C for the courtesy car?

 

 

 

[Gemma19194]

Ax first contacted me on the 19/1/21 . stating they are dealing with my claim and offered me the curtesy car via telephone, so 4 days after the accident.

 

I didn't contact goskippy as AX had already told me they work on behalf of goskippy, hence them dealing with my claim. 

[Gemma19194]

If i was to contact AX today and tell them a family member can loan me the money for a new car so the hire car can be collected . i could see what they say to this. Is this a good idea?

[BankFodder]

I haven't followed this part of the story at all – but I'm not quite sure why you can't simply tell AX that you don't want the hire car any more. Why should you have to invent a story to justify?

Separately, have you now sent the SAR to AX?

In addition to the SAR – have you contacted them at all for copies of all statements which may have been made? I expect they will be reluctant to let you have this, which is why you are sending on SAR separately.

Also, you are proposing to call them – have you by now read and implemented the advice given in the customer services guide?

 

[stu007]

Hi 

 

Thank you for answering my questions.

 

As you have not contacted Goskippy about AX stating they were acting on there behalf you need to contact Goskippy urgently and ask them to verify that AX are acting on there behalf. (you need to know if what AX stated is correct)