Has my insurer stolen my car???

[anonymous-user]

So you are a troll then?

Got it.

[GrazedNConfused]

desolate said:

So you are a troll then?

Got it.

What???

[Black_S3]

desolate said:

So you are a troll then?

Got it.

I am coming to that conclusion.

If he’s genuine and still feels the best advice is to start paying out on legal advice he’s too stupid or stubborn to be helped.

Edited by Black_S3 on Saturday 15th December 14:31

[VWDaz86]

Black_S3 said:

I am coming to that conclusion.

Add me to that list.

[GrazedNConfused]

Eh? I know I'm new round here, but does PH have its own definition of a troll???

Would someone kindly explain?

[anonymous-user]

GrazedNConfused said:

What???

Your posts have all the hallmarks of being a troll.
If you aren't a troll:

Have you made a formal complaint and if so has the complaint been denied?

If so then raise a case in the small claims court. (If I understand correctly the vehicle is of relatively low value)

[Black_S3]

GrazedNConfused said:

Eh? I know I'm new round here, but does PH have its own definition of a troll???

Would someone kindly explain?

Don’t worry, they’re just being mean because they’re jealous of you and the life changing pay out you are due.

The best thing you could do at this point is hire a Queens Counsel, no point messing about with a 2 bob solicitor as it’s over his head. To cover yourself against potential loss it is also worth selling all your possessions and spending all your money on prostitues and cocaine so that if it all goes wrong you have nothing for anyone to take off you thus creating a risk free situation.

[GrazedNConfused]

I was called back by the CE yesterday who said Copart have contacted the buyer and they are trying to buy my car back. He suggested a formal complaint be lodged if the car is not recoverable.

Of course I will explore all possibilities, and if the complaints procedure results in an offer of XXX I will settle. But in the meantime, I'm following advice from you guys on here and am preparing for the worst, a civil claim for tort of conversion.

This is not how I enjoy spending my time! I learned about theft /Conversion on here from a PHer, and am seeking as much qualified advice as I can get so I'm best prepared to handle whatever crops up on the next call with CE.

My apologies if I'm coming across as a troll, but trust me, this s@@t is real, unfortunately.

Edited by GrazedNConfused on Saturday 15th December 16:09

[MarkwG]

GrazedNConfused said:

I was called back by the CE yesterday who said Copart have contacted the buyer and they are trying to buy my car back. He suggested a formal complaint be lodged if the car is not recoverable.

Of course I will explore all possibilities, and if the complaints procedure results in an offer of XXX I will settle. But in the meantime, I'm following advice from you guys on here and am preparing for the worst, a civil claim for tort of conversion.

This is not how I enjoy spending my time! I learned about theft /Conversion on here from a PHer, and am seeking as much qualified advice as I can get so I'm best prepared to handle whatever crops up on the next call with CE.

My apologies if I'm coming across as a troll, but trust me, this s@@t is real, unfortunately.

Sounds like they know they've acted in haste: your car is not theirs to sell on until the insurance claim is settled, so they should be acting in good faith & taking care of it until it is. I suggest, if it turns up & you can store it, insist they return it to you until such times as you come to an agreement. If they can't recover it, then you're in a strong position for a complaint, as the CE has said. I've had claims that take nearly two years to resolve, it's stressful I'm afraid. Incidentally, no trolling as far as I'm concerned...

[GrazedNConfused]

MarkwG said:

Sounds like they know they've acted in haste: your car is not theirs to sell on until the insurance claim is settled, so they should be acting in good faith & taking care of it until it is. I suggest, if it turns up & you can store it, insist they return it to you until such times as you come to an agreement. If they can't recover it, then you're in a strong position for a complaint, as the CE has said. I've had claims that take nearly two years to resolve, it's stressful I'm afraid. Incidentally, no trolling as far as I'm concerned...

Thanks for your comments.

I'm surprised at some people's faith in complaints procedures /ombudsman given many bad experiences given by PHers in this thread!

Another consideration, filling a complaint or passing to ombudsman would involve me formally entering into the contractual arrangement with my insurers, which then brings into play T&Cs of my policy. This is bad. This may then prejudice my civil claim for tort of conversion, which in the face of it looks like an open /shut case.

Given "my day in court" versus months /years battling my insurers or ombudsman with no guaranteed outcome, I'm more enclined to go down the court route. My expenses would be recoverable from the defendants, along with punative damages.

But I'm willing to be convinced otherwise; can anyone please share any positive experience they had with formal complaints or ombudsman? How quick was the case settled and how much were you awarded relative to your original payout offered by your insurer?

[GrazedNConfused]

Black_S3 said:

GrazedNConfused said:

Eh? I know I'm new round here, but does PH have its own definition of a troll???

Would someone kindly explain?

Don’t worry, they’re just being mean because they’re jealous of you and the life changing pay out you are due.

The best thing you could do at this point is hire a Queens Counsel, no point messing about with a 2 bob solicitor as it’s over his head. To cover yourself against potential loss it is also worth selling all your possessions and spending all your money on prostitues and cocaine so that if it all goes wrong you have nothing for anyone to take off you thus creating a risk free situation.

Lol, so I'm the troll???

[ALawson]

I assume Soovy of this parish is no longer about!

[anonymous-user]

I don't understand why someone would wade straight into court action over this.

Firstly, assuming it would be in the small claims track, you won't get your legal costs back, win lose or draw. This means in a contested case here you're possibly going to spend more on lawyers then you'll win in damages.

Secondly, the courts want to see you've exhausted all non-litigation routes (Google 'alternate dispute resolution') or that they're inappropriate before you've come to court over the matter.

Using the legal system to satisfy principles is a very expensive hobby, as the tools of the trade literally cost thousands per day. The complaints system of your insurers and the financial ombudsman are free. You'd be nuts to commence litigation without exchange those first.

[Durzel]

+1

Go to the ombudsman - they have upheld cases similar to this before.

I'd suggest legally this isn't as much of a slam dunk as the OP seems to think it is (it could turn on the policy T&Cs), and even if it is close it will cost money (unnecessarily at this stage) and look weaker from an ADR point of view.

Not surprisingly judges aren't impressed by people the force things into court when they could have been resolved amicably before, and there are other avenues that have not been exhausted (ombudsman)

[eskidavies]

Try here


https://www.itv.com/beontv/shows/judge-rinder

[Ilovejapcrap]

Byker28i said:

I was knocked off my motorbike last year, no fault to me it was taken to a recovery yard and the insurers third party representative didn't go and recover it for 4 weeks, then declared it a write off and scrapped it, without telling me, without the V5, without the claim being paid out.

In fact I spent 6 months chasing Ageas over the claim as they were particularly slow because they insured both parties and had already repaired the other vehicle within 2 weeks. It was 3 months before I found out they'd scrapped my vehicle without my agreement etc.

I took it all through the ombudsman, over three months to do that, waste of time, it got me £100 inconvenience fee as they found the company had acted inappropriately.

3 months messing about and you got 100 quid !!!

[TwistingMyMelon]

Blimey it's a car , not a child or a pet

They're looking into getting your car back for you so job jobbed...st happens life goes on

Some great advice on here

Before you keep mouthing off this Tort of Conversion bks , get legal advice to see if it applies , as to me it sounds like armchair expert internet bks that has no validity .

Ins co sound incompetent and idiots but far worse happens in life

If you have a precious car go through a broker for and agreed value policy would be my advice .

[GrazedNConfused]

Thanks for all your comments.

As I already explained I will be exploring all avenues.

I will call the ombudsman helpline tomorrow to ask advice first, as obviously its free.

I'm still hoping that at least some PHers who had good results with the ombudsman or formal complaints might share their experiences.

Anyone?

[anonymous-user]

GrazedNConfused said:

Thanks for all your comments.

As I already explained I will be exploring all avenues.

I will call the ombudsman helpline tomorrow to ask advice first, as obviously its free.

I'm still hoping that at least some PHers who had good results with the ombudsman or formal complaints might share their experiences.

Anyone?

If you go to the ombudsman website you can search for the complaints against your specific insurance company.

Why not wait until they say whether you can have your car back first? That's what they are trying to do isn't it?

[ZOLLAR]

GrazedNConfused said:

Thanks for all your comments.

As I already explained I will be exploring all avenues.

I will call the ombudsman helpline tomorrow to ask advice first, as obviously its free.

I'm still hoping that at least some PHers who had good results with the ombudsman or formal complaints might share their experiences.

Anyone?

You can spend some time going through previous FOS decision here.

http://www.ombudsman-decisions.org.uk/

You'll have to search a few to find similar examples but FYI the FOS don't work on precedent, so if you see a case exactly the same as yours it doesn't necessarily mean the outcome will be the same as yours.