"Esure vs me" court date

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  • dannyrst
    dannyrst Posts: 1,519 Forumite
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    jackr5 wrote: »
    I'm also a bit saddened by the lack of capital letters in the headings...

    This infuriated me the entire way through.
  • dacouch
    dacouch Posts: 21,637 Forumite
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    rudekid48 wrote: »
    I take it that this is your case?

    http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=113623

    What makes you think that?

    "Despite saying it would be entitled to disregard Glass’ valuation, esure’s final offer for Mr B’s car was £3000 (less the excess due on his policy). The adjudicator could see that this was close to the average of the two highest valuations which were from Glass and CAP. The adjudicator thought that esure had treated Mr B fairly and didn’t think the valuation was too low.

    In response, Mr B disagreed and said that esure’s and the Financial Ombudsman Service’s approach to car valuations was unfair. He raised a number of issues about the use of trade
    guides and whether their information was accurate or a fair reflection of market price    . Mr B also said that he would be out of pocket as he was unable to buy a similar car for the money
    offered to him by esure.

    my findings
    I’ve considered all the available evidence and arguments to decide what’s fair andreasonable in the circumstances of this complaint.
    Mr B has raised a number of issues and questioned if the Financial Ombudsman Service’s approach to valuation is fair to customers. I can see he feels strongly that the use of trade guides is not the best approach. I acknowledge that every system has some limitations but I don’t think it would be possible for this service to calculate a precise valuation for a vehicle.
  • forgotmyname
    forgotmyname Posts: 32,552 Forumite
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    The word don't narked me. OK on a forum or chat but not in a letter rejecting someones complaint.

    " So I don’t think " Seriously??
    Censorship Reigns Supreme in Troll City...

  • stator
    stator Posts: 7,441 Forumite
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    maddogb wrote: »
    insurers are making tens of thousands each day from this scam, they sure as hell won't settle and will attempt to delay any final judgment as long as possible.
    If someone is running a scam they would definitely settle out of court. The worst thing possible would be to set a precedent that uncovers a scam.
    Changing the world, one sarcastic comment at a time.
  • dacouch
    dacouch Posts: 21,637 Forumite
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    maddogb wrote: »
    insurers are making tens of thousands each day from this scam, they sure as hell won't settle and will attempt to delay any final judgment as long as possible.

    Why wouldn't they settle, I assume you're using small claims court so they can't recover their legal costs. If it's cheaper to pay you the extra £500 odd to save a similar amount in legal costs they may decide it cheaper to settle.

    Small claims court does not create a precedent for other courts
  • maddogb
    maddogb Posts: 473 Forumite
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    dacouch wrote: »
    Why wouldn't they settle, I assume you're using small claims court so they can't recover their legal costs. If it's cheaper to pay you the extra £500 odd to save a similar amount in legal costs they may decide it cheaper to settle.

    Small claims court does not create a precedent for other courts


    sorry I didn't put that too well.
    What I meant was they are going to drag this out as long as possible, the legal costs involved would be pennies to them vs what they are making by ignoring this.
    The fact they haven't settled already despite hiring a lawyer who's eloquent defence was the equivalent of "scotch mist" tells me this.
    never mind eh, I have plenty of party tricks to bring to the table ;)
  • maddogb
    maddogb Posts: 473 Forumite
    edited 29 June 2016 at 8:45PM
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    BeenThroughItAll wrote: »
    Worrying that someone in a position whereby they're required to make judgements on cases doesn't know the difference between 'bought' and 'brought'.


    (yes, I know they probably didn't type it themselves, but it doesn't say much for the quality of the staff they employ).


    you think that is bad? see the quote from the adjudicator in this thread.
    http://forums.moneysavingexpert.com/showthread.php?t=5430005

    see the last post where all the weaknesses to my case are very Zen like lol

    The FOS are more self serving than fair in any way shape or form, in my experience they are less "user friendly" to consumers than the court system and they are propped up by insurers to act as distraction from real issues.
  • maddogb
    maddogb Posts: 473 Forumite
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    damm why do they make the rules so confusing?


    CPR
    Part 27.2e "Part 35 rules do not apply to small claims track.


    Part 35.5(2) "If a claim is on the small claims track or the fast track, the court will not direct an expert to attend a hearing unless it is necessary to do so in the interests of justice"
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    November?
    Jesus that's ages away!!!!!!
  • maddogb
    maddogb Posts: 473 Forumite
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    arcon5 wrote: »
    November?
    Jesus that's ages away!!!!!!


    tell me about it, ofc I wasted 3 months with the useless ombudsman. but it will probably mean a year without a decent car.
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