Taxi written off, full 3rd party liability, they won't cover ins costs of courtesy car

[dx100uk]

you are missing the point

they are not the defendant in the case that you are going to be the claimant on. so them saying they wont do anything is not the whole point.

if the defendant wins the case, then i expect there will be costs awarded against you, are they going to meet those if you lose.

dx

[Stay calm. Drink Tea.]

Verbally on the phone on recorded calls they have said specifically no, they wont. (I am not ignoring what you said about recorded calls)

The writing they have sent my says they will not pursue me for any costs or shortfall in the claim.

But other than that, not so much of missing the point and more of the fact that Im now firmly backed into a corner.

They have been very clear that I dont have to sign these papers, BUT they have also been very clear that if I do not sign the solicitors documents and be the claimant against the third party insurers, then that avenue is closed for them and they will instead then take action to recover the £10.5k directly from me because I am liable for the credit hire agreement in my name. So from my perspective effectively blackmail. Do this or we will bend you over...

At this point now I dont really see what other options I have...

[dx100uk]

well it's poss a cheaper solution for you to agree, but and ive only just noticed this, the claim is above the £10k limit in small claims court, so the claim will be considered 'fast track', and as such costs money at each stage for the claimant to do anything at each stage. who is paying these fees?

it also removes the costs boundaries of the small claims track in terms of recovering those when either party wins that they can get out of the loser.

i am no fountain of knowledge regarding court claims, but it's always puzzled me why the hire company themselves cant be the claimant and the person that signed the agreement with them for the car be a witness for them to state in court yes i signed the hire agreement concerning this claim against the defendant... 

[AndyOrch]

30 minutes ago, dx100uk said:

i am no fountain of knowledge regarding court claims, but it's always puzzled me why the hire company themselves cant be the claimant and the person that signed the agreement with them for the car be a witness for them

Because they have not suffered loss and therefore no cause of action DX only the insured driver which the policy refers to can legally take action. Its very similar to Retail Loss Prevention as you post to topics they cant issue a legal claim on behalf of the retailer as again they have suffered no loss.