help with a claim against us

DarkConvict

Isnt it the case that no credit agreement was in place so they cannot start adding interest on willy nilly unless they ask the court for it and isnt the interest a court would award set at 8% ?

Correct, they need a CCJ before they can add interest.

alyssa_liss

Thank you all for your comments , well have a sort out of all documents tomorrow and get untouched with someone on Monday for some help

I think it's the amount it's increased that's worried us the most

alyssa_liss

right found letters and a few emails

first the amount was £3614 this was in Feb 08

i then have a letter of my OH saying that the brothers insurance should not be dealing with it. the brothers insurance then send a letter saying that they are obliged as they were the insurance on the car even thought my OH wasn't insured.
----
then we have a letter from the people on behalf of the mib saying he needs to sign a form for the brothers insurance to carry on so its been signed at £3614 this was in feb 08
----
then nov 08 we now have a letter from brothers insurance saying OH now owes £6283 in accordance to the signed paper work (but this was for a much lower amount a few months previous)

---

on the 14th jan 09 ive found an email from my OH (im glad he never deltes emails lol )
I have attempted to contact your offices by phone on many occasions and get left on hold for hours, i also wrote to your self's after receiving your last letter, but i received no response.

With Ref to your letter dated the 13th nov 2008, please could send me a break down as to were the £6283.88 has been allocated and also the options for payment of this balance.

Please could you acknowledge this email by way of an email and written response and update your records to show that contact has been made

---

they then replied 2 weeks later
Further to your recent e-mail, as we had not heard from you since our previous correspondence we have passed our papers to our legal department to pursue you for the monies owed.

The Motor Insurers Bureau settled the third party claim under the uninsured drivers agreement, however as we are the principal insurers and you were not covered under our policy, we have an obligation to deal with the third party claim as Road Traffic Act Insurers.

We paid a total of £3000 of the injury, £505 for NHS charges and £2778.88 for the solicitors costs.

Your recommendations as to how you wish to reimburse us are waited in view of the delay in responding to us we trust you will revert to us again shortly.

---

then we get a email asking for the £6xxxx from the solicitors on behalf of the insurance.
my OH replies asking Please could you explain to me what the claimant legal fees as imunsure what this is, please could you give me the options for payment as I do not have that kind of money available.

Also could you tell me if HSBC have contacted the brokers to tell them that the claim is not being paid by the policy.

I would also like in writing confirmation that this is the final amount to pay with regards to this accident.

---

we then get a reply saying that it will be 17 monthly payments of
£350 and a final of £333

---

my OH replieys Please could it be put in writting that "The sum of £6,283.88 was a final figure once all third party claims and costs had been settled by the MIB".

Also as I am currently out of work the £350 a month is more than I can currently afford.
---

they then ask how much my OH could affor to pay a month , which he replies At the moment until I return to work the most I could pay would be £50 a month.

Please can you tell me if my request from my previous email will be carried out.

---

we then get a reply saying the letter will be drafted and sent out that night this is 19/02/09
----
my OH recieves a letter a month later 10th march saying that £50 is unacceptale

---

he then emails them saying he has recieved the letter and why has it took so long to tell him that £50 was unacceptable
----
they then tell him they will accept £100 a month minimum .

---

at this point they have still not confirmed that the debt wont increased and my OH could not afford £100 because he had no job, bills going out and was in his overdraft

---

that is the last we heard untill this court letter thing arrived

---

sorry for the long post but hopefully it will help, i am planning on going to the CAB on monday with all the documents and see if they have any advice ? will they talk to me about it as my partner has to work. if i get mt partner to write a letter stating they can talk to me about it will this help.

DarkConvict

I would argue the fact that you agreed to pay the ~£3000. You never agreed for them to add any further costs such as solicitors on top as you had already offered to sort it out yourself. It would have been cheaper to do it yourself and just buy his brother another insurance.

SkintGypsy

I imagine the solicitors costs are actually the solicitors of the third party that was injured. All other costs related to the TP injury claim, so this probably has not been added on top by the MIB, rather the amount that was payable to the other side as part of the claim.

EAT- The costs sound about right for a claim like this. Sorry.

Butti

Please don't just roll over and pay. I don't know whether you have had a breakdown of the costs but I would be seeking that.

I had an accident last November on a flyover. Managed to spin the car and I think write off two cars, significantly damage another (maybe wrote that off aswell), scuffed a fourth one, had the police dealing with the traffic, an ambulance and a three day stay in hospital for the guy infront (who unfortunately had had a back operation about a month earlier). The total cost of this was £16k.

Yours seems a bit steep to me.

B

alyssa_liss

quick update went to CAB they talked us through everything and explained and said we could try and get the amount down

i filled in the form wote a massive essay and the results have come back that they will accept the £6600 amount

not great but miles better than the £9000

yey thank you