Credit Hire - going to court
Credit Hire - going to court
Author
Discussion

Sparkzz

Original Poster:

452 posts

165 months

Monday 28th December 2020
quotequote all
Hi Guys,
Long story short is I got involved in one of these credit hire "scams" following an accident - looks like it is going to court. Now I am pretty sure they won't be able to recover the costs so the next step is them coming to me for the money - oh joy!

So when going to county court I know you have to declare your income etc. I guess savings too? So does the court have any power to see what you have in the bank? What about premium bonds etc. I have nothing in my current account but potentially could have some savings, or not depending on how things are going sometimes I have money, sometimes I don't...

Thanks
Jo

BertBert

21,255 posts

240 months

Monday 28th December 2020
quotequote all
I think you are overthinking. Answer the questions as they arise honestly.

KungFuPanda

4,639 posts

199 months

Monday 28th December 2020
quotequote all
BertBert said:
I think you are overthinking. Answer the questions as they arise honestly.
However if the other side request specific disclosure regarding the OP’s financial situation, they’ll have to disclose the information that is requested.

Driver101

14,451 posts

150 months

Monday 28th December 2020
quotequote all
How often are people told to use accident management companies and that this wouldn't happen?


Andeh1

7,597 posts

235 months

Monday 28th December 2020
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Who sent you to the AMC? What does the T&Cs of the credit hire say about sums recovered?

Do not 'leave out' savings or money when asked two declare. That's a disastrous situation waiting to happen if you withhold required info....

JeffreyD

6,155 posts

69 months

Monday 28th December 2020
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If they lose in court regarding the claim I'd be surprised if they came after you, unless you have changed your story or failed to cooperate.

Sheepshanks

40,983 posts

148 months

Monday 28th December 2020
quotequote all
Sparkzz said:
.....so the next step is them coming to me for the money - oh joy!
I'm not aware of that ever happening.

These cases normally get settled on the Court steps.

SmoothCriminal

5,939 posts

228 months

Monday 28th December 2020
quotequote all
Where does it say they are coming after you?

As long as you participate and help them try and recover their costs from the third party and haven't taken the piss with the length of hire cover then you have satisfied their contract. Go read the t&c's.

anonymous-user

83 months

Monday 28th December 2020
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Haven't you got legal cover for this sort of thing?

Sparkzz

Original Poster:

452 posts

165 months

Monday 28th December 2020
quotequote all
flashbang said:
Haven't you got legal cover for this sort of thing?
No

Countdown

49,368 posts

225 months

Tuesday 29th December 2020
quotequote all
Sparkzz said:
Hi Guys,
Long story short is I got involved in one of these credit hire "scams" following an accident - looks like it is going to court. Now I am pretty sure they won't be able to recover the costs so the next step is them coming to me for the money - oh joy!
Why do you think they're going to come after you?

fastbikes76

2,450 posts

151 months

Tuesday 29th December 2020
quotequote all
We are going through the same at the moment, court was supposed to be on 18th December but put off until the new year some time. We were in a non fault accident where our Touareg was written off, Body shop referred us to an AMC who stuck us in a Q5 for 5 weeks. 3rd party insurance paid out for our Touareg but now refusing to pay for the hire car and currently we are being taken to court over it. Total cost is £13k excluding 14 months of legal fees !

We had to produce statements from every bank account we own, pay slips, and just about every bit of personal info under the sun. We have been told by AMC that so long as we totally cooperate , we wont be pursued for the costs should they lose. The 3rd party insurances defence tries its best to make you look like the biggest rouge under the sun, and even came and took photos of our house at night showing other vehicles parked out side on the road... I live on a feckin estate ffs, the cars were parked on public road and werent mine. At the time we owned only the Touareg so had no access to other cars. They suggested i had several as per photos . Thats the type of antics they got up to so be prepared for a long battle !!

Good luck, you going to need it.

SydneyBridge

11,723 posts

187 months

Tuesday 29th December 2020
quotequote all
You are not generally entitled to a courtsey car if your car is written off, so dont blame TPI not paying out for 5 weeks hire, unless there was a delay getting the settlement

fastbikes76

2,450 posts

151 months

Tuesday 29th December 2020
quotequote all
SydneyBridge said:
You are not generally entitled to a courtsey car if your car is written off, so dont blame TPI not paying out for 5 weeks hire, unless there was a delay getting the settlement
There were lots of delays..all from the 3rd party ! the hire car was returned within 24 hours of cheque arriving, We didn't even wait the allowed 7 days as from the start we became aware of the ludicrous costs arising. I have call logs of every call made to 3rd party chasing for settlement agreement.. not that they care about any of that though.

Sheepshanks

40,983 posts

148 months

Tuesday 29th December 2020
quotequote all
I suppose AMC's fees for car hire must mostly get paid (at insurance agreed rates though) otherwise their business model wouldn't work.

Durzel

12,999 posts

197 months

Tuesday 29th December 2020
quotequote all
If you have courtesy car cover on your insurance, then you’re entitled to a courtesy car. If it doesn’t, why would you think you’re automatically in line for one on the TPI’s scratch, without even speaking to them?

It seems to me people get offered fancy cars by random entities who insert themselves in this process, in this case the garage, and their thought process begins and ends with “cor yeah I’d love to drive around in XYZ for a bit”. The matter of who pays for it is seldom considered, and people are more than happy to foist that unforeseen bill onto the TPI.

Chances are if people speak to the TPI directly in situations like this they’ll be more than happy to provide a courtesy car, at their expense (but not AMC onward charge rates).

monthou

5,348 posts

79 months

Tuesday 29th December 2020
quotequote all
SydneyBridge said:
You are not generally entitled to a courtsey car if your car is written off, so dont blame TPI not paying out for 5 weeks hire, unless there was a delay getting the settlement
I'm not an insurance expert, but doesn't the TPI have to pay reasonable costs to put you back in the position you would be in without the accident?
That's a completely different situation to claiming on your own policy.

SydneyBridge

11,723 posts

187 months

Tuesday 29th December 2020
quotequote all
As far as i am aware, once you have recieved the money for a write off, the insurers responsibility ends

PorkInsider

6,585 posts

170 months

Tuesday 29th December 2020
quotequote all
SydneyBridge said:
As far as i am aware, once you have recieved the money for a write off, the insurers responsibility ends
How would that work?

What if you were involved in a fault accident and your car was written off and paid out, but 3 months down the line a 3rd party comes up with a claim from that accident?

SydneyBridge

11,723 posts

187 months

Tuesday 29th December 2020
quotequote all
PorkInsider said:
How would that work?

What if you were involved in a fault accident and your car was written off and paid out, but 3 months down the line a 3rd party comes up with a claim from that accident?
Apologies, i meant their resonsibility to provide a courtesy car