Car Insurance and Drink Driving

sharonfrancis

Honestly I am quite happy to write the letter was just after some advice really about our next steps. What their actions over the last couple years means in the legal word and what could possibly happen if it did go to court.

sharonfrancis

xoleeb - I realise he was a total prat in what he did. Like I said I was not in his life when it happened (I feel very strongly about drink / driving and do not condone it one bit). What concerns me now is the future for me and our son.
I am simply after some advice here......

sharonfrancis

Please could someone give me some honest advice for the questions I have asked at top of thread. thank you!

robpw2

Should I write letter or let them find him? no YOU should not ... your OH needs to
If it went to court would they have a leg to stand on given our current finanical situation? Would a judge look favourably to us? A judge will make the descion based on wether Your OH owes the money or not .. NOT your current finnancial situation
What does the idemnity mean? Means
An indemnity is a sum paid by A to B by way of compensation for a particular loss suffered by B. The indemnitor (A) may or may not be responsible for the loss suffered by the indemnitee (B). Forms of indemnity include cash payments, repairs, replacement, and reinstatement.


Shoudl they have taken the yearly premium after the accident? I Don't know
Would you advise bankcruptcy? (he has personal debt of about 15K) . If he cannot afford to pay then yes as i mentioned previously he needs to go and speak to one of the debt charities.


I have explained to you the answers to your questions , just because you do not like the answeres given does not make this not honest advice

InsideInsurance

The fact you have no money would not stop the County Court Judgement being filed against you but it would be reflected in either (a) if the insurer decides to issue or not (no point throwing good money after bad) and (b) the payment plan the court sets up for you.

If you failed to meet the payment plan or simply didnt turn up etc and so were required to pay in full as a lump sum the insurer can go back again and ask for bailiffs etc to be appointed to seize goods/ assets (to which the additional legal costs and bailiff costs are added). There are certain life essential items they cannot take but most things they can. You cannot intentionally deprive yourself of assets (eg giving away all your items to friends etc) but they can only take what is his.

Really would be helpful to know what the content of your Sols letters have been. That aside though....

You effectively have two choices, you either call their bluff and sit back and wait to see if they issue or not - they ultimately have a total of 6 years to do so but they can continue to hound you afterwards just cannot take you to court. Alternatively you contact them, put your hands up and offer a repayment plan with a budget showing why you can only afford £5 a month or whatever it may be.

Whilst your solicitor may be a nice chap he really should be the one advising you on this!

French_Knickers

www.pepipoo.com

Ask these guys, they will advise you.

Trebor16

robpw2 wrote: »

if they go to court and appoint a baliff , the baliff can seize goods to the value of the debt and you would have to proove that items were yours , receipts etc

They can only do this if they actually win a case in court and the amount awarded by the court is not paid.

Trebor16

robpw2 wrote: »

they can take your tv, microwave , books clothing , computers, laptops etc
your oh should write to them its his mess .. if you feel his only option is br then he needs to get all his finances together and i suggest he speaks to one of the debt charities

This is just scaremongering. They can only take goods only after going to court, winning the case and the debt is not then paid. They would then have to apply to the court to allow for bailiffs to be involved. They cannot do this without winning the case at court.

Trebor16

sharonfrancis wrote: »

So should we write to them, telling them he has changed address and give them the blurb about not affording bill and to do their worst so to spk? We do not have any assets - only VW Camper but the logbook is in my name. Same as car is in my name. That is all we own.

Personally I would sit back and let them do the work. What is crucial are the terms and conditions of the insurance policy. Do you have access to these?