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|Original Message Added : 6 Mar 2012 - (Edited : 6 Mar 2012)|
18/8/11 i had a small road traffic accident reported it to my Insurance company both party's claimed the other at fault
My insurance company have done nothing !Lost my claim form and not replied to the third Party, they say they have not had any correspondence from the third party
So three weeks ago i had a nasty surprise in the post a county court summons with a date for a hearing only 3 weeks later I phoned the insurance to tell this had arrived "oh don't worry we will deal with that Just send it to us which i did
they did to little to late! they passed it on to a firm of solicitors the day before the hearing !!
whom failed to†act about the summons
the claim by the third party is for Policy excess £500+
and so now for the first time in my Life i have a county court Judgement against me !! which of course will damage my great credit rating !!!!!! GRRRRRRRRRRRRRRRRR
whom do i sue for damages for failing to protect me legally The insurance company or the underwriters or solicitors or all three......... grrrrrrrrrrrrr sorry but i am so angry about this
. i have started the complaints procedure with the insurance company and sounded out the ombudsman but that i feel is not enough by a long way
|Reply : 7 Mar 2012|
I'm not sure where the underwriter's legalities lie in all of this as I do not know A) whether ther insurance co and underwriter are one and the same and B) whether it is the insurance company or the underwriter who is operating the claim.
I feel your pain as I have had so many issues with my insurance co when a 3rd party who ran into me (stationary) and decided to defraud by lying!
To be completely honest my advice would firstly be to pay up via the court IF YOU CAN as (and I'm no expert) I believe that you will only have a judgment if you fail to pay. To be honest from what you say I don't think the solicitor would have had time to act anyway, so I don't personally think they're at fault.
Secondly (and you have started the ball rolling), you need to wait for a satisfactory resolution to your complaint from the insurance co before progressing anything with the FOS, as the FOS will not touch it unless you have given the insurance co the right to reply and the final outcome has been reached. When and only when you have a final answer to your complaint (it will be obvious as they will explicitly say this in the letter and include an FOS/FSA leaflet) if you are not happy with the result then you need to put an official complaint in to the FOS.
Be warned it can be a slow process though.
It wasn't 1st Central by any chance was it? Whoever it was I would advise you name and shame on review websites as too many innocent people are stung by these gangster insurance Cos.
|Reply : 7 Mar 2012 - (Edited : 7 Mar 2012)|
thank you for your reply, not sure if i should name and shame them at this point after taking some legal advise from my own legal firm i will now have to wait and see what the Insurance company solicitor is going to do
they Have at last agreed to challenge liability( third party tried to undertake me on a duel carriageway)
i did however find an interesting website that reviews insurance company's it would seem that this deep recession has made them take a bizarre stance of doing very little and not very well, in most cases resulting in there clients having to endure all kinds of stress,
|Reply : 20 Mar 2012|
I learned a lesson the hard way (even having worked in insurance for over 10 years) as I always thought insurance companies owed their customers to challenge liability with/without solicitors. Wrong. I now have legal cover with every insurance quote!
My complaint will eventually go to the FOS as the 3rd party insurer did not challenge the very large holes in their client's statement, my insurer didn't make any effort to contact my witness and challenge the claim with the 3rd party, and the list goes on.
I have also used review centre, and wish I had used it before buying from the insurance co I used at the time.
I hope you got the court issue sorted, I know it's hard having to shell out money you may spend years trying to get back (believe me, the 3rd party in my case owe me thousands and are disputing it to the end), but the lack of a black mark against your credit history (when you're trying to run a business) is worth far more than a delayed payout/loss of interest.
Hope that helps!
|Reply : 20 Mar 2012|
i won't be paying the Court order my Insurance company should have dealt with it.
I have an all singing and dancing Fully comprehensive policy for my business to carry goods it costs me £1,630.00 per Anum now they cant even seem to deal with a simple claim. (which they have not )and
there negligence has resulted in my business acquiring a nice new ccj
which will result in me suffering all kinds of refusals business development loans, Internet, advertising New van purchase the list could be long an disastrous for my my business, i wonder how much compensation i should sue them for
i now wonder where to find the right solicitor who will take this on
|Reply : 11 May 2012|
If this is not sorted out, you can start a claim in the small claims court for breach of contract against your insurers. You can claim complete indemnity from them for the judgement against you plus the costs of issuing proceedings against them.
You can also include a head of damage for distress and inconvenience in that claim.
If you need to clarify anything ,please give me a call.
Hafezis: 0207 377 0600
|Reply : 11 May 2012|
things have moved on a little it is more complicated than in the first post I have had a huge problem getting re-insured the renewal was due 5/5/12 but churchill have declined to invite me
to obtain insurance which has cost me a staggering 4 1/2 k for the next 12 months i have had to go through a broker
i complained to the insurance company when they issued me with a standard policy when i specifically asked for hire and reward insurance I made a complaint at the time and customer services listened to the call and agreed i was assured the policy was ok for my business which is carrying customers goods
Could this be a case of " not fit for purpose "? and feel that's the reason for not wanting to renew my policy
They have now paid the 3rd party's excess and notified the credit reference agents
|Reply : 29 Jun 2012|
I just found out that after failing to get credit on amounts I really should have had no problem getting over a 14 months period and subsequentially failing to be able to open a bank account. I decided to run a credit check to see why!!
I looked through only to find a ccj raised for a car insurance claim apparently settled by insurers in jan 2011. However they failed to pay the ccj issued on 9th Dec 2010 by just 4 days and now this wrecked my credit and my business growth plan costing me many many thousands already and will do until it is sorted out. Most probably 2017 as courts will not remove the ccj from credit history due its late payment.
I have informed my insurers of this failiure. But I am not sure as what I should do next to get my credit repaired?
It is not just monetarial its personal effect and good name , the humiliation to get credit with companies whom are my clients is the worst.
Repair the damage is near impossible until the 6 years are up.
|Reply : 30 Jun 2012 - (Edited : 30 Jun 2012)|
thank you for your input sorry to hear about the effect it is having on you
an update on my situation regarding the ccj I Decided that it was not exceptable for my Insurance company Churchill /direct line to overlook this problem so i piled on the pressure with daily phone calls and letters i also placed a complaint with the FSA Ombudsman which is still ongoing (t can take up to 6 months)
i obtained the personal E-Mail address of Paul Geddes ( The chairman of churchill and direct line) they are the same company and within 24 hours of making a complaint to him his P/A Contacted me after filling her in on the details
the company solicters Paid off the third party's excess claim through the court and applied for a certificate of satisfaction to be issued to the relevant credit reference agents
i received 2 letters from them, confirming it had been paid and that it had been removed from the register and i have since checked and its gone !!
After chatting with a case handler at the fsa ombudsman's office i will be due some compensation for all the hassle around £500 seems to be the going rate for this sort of thing so i guess my problem is pretty much sorted now
But honestly i have had to put in huge amounts of time and effort if a similar situation happens to anyone else don't give up you can get it sorted,
thank you for your support
Kind regards Phil
|Reply : 25 Nov 2012|
The fact will remain that it unfairly damaged your credit rating at that time and restricted you from undertaking the specific requirement for you to develope and continue the running of your business.
the rates you would pay would have overinflated and then there is the actual demoralisation caused to you by recieving the ccj to start with.
The shock factor nearly gave me a heart attack.
Not sure what figure could ever be put on it's mental effect caused to me.
Previous unblemished record of credit.
The insurers have paid tens of thousands for fake claims but these are real the effect is actual and the insuruers have no clue how to deal with it.
The correspondence is diar and unless you chase they do not resolve.
I await the decision by the court to remove due to circumstances beyond my personal control whilst left in the hands of legally binding insurance cover and it's administration.
I think a fair estimation of effect to myself is in the region of £20k per annum esculating from year 1 to year 6 if the ccj cannot be removed the time thus far is dec 2010 to nov 2012 ongoing ccj satisfaction was in jan 2012 13 months after issue. That would then only recompense me for loss of growth of business alone, as Replacing the time really has no limit in money as can not be returned to me ever. The fact will remain that durring the days it is on my credit record can not ever be replaced and by the time it is removed other people will have already managed to take the available business which would have been mine. That can never be replaced. Failed credit checking on every application made since never failed any prior, except 21 years ago.
A meanial offer has been made for my trouble in having to report the problem which takes no account of the actual claim and that is £750 which will have no bearing on any financial payment needed to restore my credit rating, compensate me for my losses incurred and going forward not to mention the 2 dozen other things on the list to restore me to where I would have been if the failiure to pay had not been made..