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no MOT car is write off, 1st central not paying

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  • george-s2
    george-s2 Posts: 25 Forumite
    dacouch wrote: »
    OP what were the circumstances of the claim ?
    i rang them up and told them that i have no mot, apart what i have send to them. and that i have bought a taxes few days before. so been told to get a replacment from any mot station. but i know for fact that i have no mot, i have checked online. so only one chance i think i have, to ask to get my car back, which they probaly haven't got, it's on the way to china for scrap metal i think...:o
  • OrkneyStar
    OrkneyStar Posts: 7,025 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    you cannot be prosocuted for no mot!
    Well it was my understanding that a valid MOT is needed to drive a car legally in the UK ?
    This shows the technicalities and the only legal exceptions!
    The thing is, perhaps the lady who gave you tax should have noticed invalid MOT, but the bottom line is it is up to YOU to check it, and up to YOU to renew it on time, thus avoiding current problem!
    Ermutigung wirkt immer besser als Verurteilung.
    Encouragement always works better than judgement.

  • terryw wrote: »
    Abject nonsense.

    prosocution= summons to court for breaking the law!

    civil penalty= a fine no court appearance, no points no bans etc a civil penalty is what no mot can bring you.

    so no you wont be prosocuted!
  • GEEGEE8
    GEEGEE8 Posts: 2,440 Forumite
    Without an MOT is your insurance not valid, and therefore you could be prosecuted for no insurance?
    9/70lbs to lose :)
  • george-s2
    george-s2 Posts: 25 Forumite
    the salvage yard/recovery that picked up your car have no oblegation to check your documents thats down to the insurance company when you supply the documents to them when they ask for them. again as a result you may be in for a shock when reclaiming your car back as you may be charged storage,collection,admin fee's. do you still have the V5 registration document?
    i have no document or keys as i have send them to my insurance, and how they can apply charges to me if they took it without checking, i haven't asked them. and car was on my drive, not on the public road. not obstructing anything
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    GEEGEE8 wrote: »
    Without an MOT is your insurance not valid, and therefore you could be prosecuted for no insurance?

    No. What makes you think that?
  • george-s2
    george-s2 Posts: 25 Forumite
    dacouch wrote: »
    OP if you can answer my question, there is a very very good chance we can get 1st Central to honour the claim, although they are very very slow at settling claims and a claim like this will be even slower as it will have to go above their normal level of poorly trained staff
    yee i notice that about the staff, so what is the question?
  • OrkneyStar
    OrkneyStar Posts: 7,025 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    GEEGEE8 wrote: »
    Without an MOT is your insurance not valid, and therefore you could be prosecuted for no insurance?
    ;) Yep
    Fair point prosecuted was the wrong word (as is prosocuted mind you lol), fined then.......basically you are lucky no more action is being taken is a better way to express it!
    Ermutigung wirkt immer besser als Verurteilung.
    Encouragement always works better than judgement.

  • OrkneyStar
    OrkneyStar Posts: 7,025 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    you cannot be prosocuted for no mot!
    prosocuted....explain that word please ? or do you mean prosecuted ? :cool:
    Ermutigung wirkt immer besser als Verurteilung.
    Encouragement always works better than judgement.

  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    TBH, it would be good if the insurers DID dispose of the vehicle, because then they would have to compensate you:

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/7/july-innocent-non-disclosure.htm
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