problem with Direct Line insurance - legal advice needed please

lulululululu

[FONT=georgia, serif]I am looking for any legal advice about an unfair matter happening to me because of a vehicle insurance company.[/FONT]

[FONT=georgia, serif]Here is what is happening:[/FONT]


[FONT=georgia, serif]I'm going to try to be as concise as possible.[/FONT]
[FONT=georgia, serif]I own a vehicle. I was insured with Direct Line for a year until 9 aug 2013 . In may I had a minor accident on the road. I agreed that I was liable with the other driver and we exchanged details. I told my insurance, I agreed I was liable for hitting the car in front of me at very slow speed (was stuck in traffic) the damage was a bump on the left back door.[/FONT]
[FONT=georgia, serif]My insurance sent me a letter with a claim number and it said I had nothing to do, they would do everything for me. I received a letter from the other driver's insurance saying that they had contacted my insurance and I should contact them to speak about the matter.[/FONT]
[FONT=georgia, serif]I was too trusty and I didn't contact my insurance at this time.[/FONT]
[FONT=georgia, serif]On august 9th 2013 I called my insurance to cancel the renewal and I asked about the claim, they again said it will be taken care of.[/FONT]


[FONT=georgia, serif]Now I am insured elsewhere because the cost of Direct Line was much too high.[/FONT]


[FONT=georgia, serif]Two days ago I received a letter from Claimfast recoveries department saying that my insurance (Direct Line) have not settled the matter within an acceptable period of time. Unless they receive remittance for my insurers within 14 days Claimfast will instruct their solicitors to commence proceedings against me. (they add: “This letter should be taken as formal notice of impending proceedings as required under section 152 of the Road Traffic Acts (1988)”)[/FONT]


[FONT=georgia, serif]I called Direct Line today and the call was the strangest ever. The agent was telling me that there was nothing about the claim in their system and nothing at all about me. I tried to get help from him but his voice was trembling with embarassment and he was looking for excuses to terminate the call. After insisting that he looked for my claim he told me that my vehicle didn't appear in the MID and that he had to end the call because there was no solution. This is when I realise he was telling me lies. I can check the Motor Insurance Database online and my vehicle is there and insured.[/FONT]


[FONT=georgia, serif]I am trapped in this situation.[/FONT]
[FONT=georgia, serif]I don't have a lot of knowledge in law, I don't have a solicitor, I have a very low income.[/FONT]
[FONT=georgia, serif]I don't have time to judge any of this I need to act quickly and sort it out.[/FONT]
[FONT=georgia, serif]Can anyone help me with pointing out what I should do?[/FONT]

Dimey

I can't advise you re the legal situation. Will leave that to others but outside the legal arena, this is what I'd do.

I'd post a copy of the Claimfast letter to Direct Line together with a copy of Direct Line's claim number acknowledgement letter by recorded delivery and ask Direct Line to contact Claimfast urgently to resolve the matter.

Then I'd send Claimfast a copy of the letter you've sent to Direct Line together with a copy of Direct Line's claim number acknowledgement letter by recorded delivery and ask Claimfast to deal with Direct Line as they were your insurer and must handle the dispute.

Keep copies of everything yourself and chase up both parties in writing and by phone every 2 days till 4 days prior to the 14 day deadline.

At that point I'd find out how much money Claimfast want. If I could afford it I'd send Claimfast the money (cc Direct Line) stating in writing that you are only sending the money to hold off legal action until Direct Line resolve your claim against Claimfast and both companies agree a fair outcome for both insured parties. I'd state I expect Claimfast to hold the money in good faith until the case is resolved. Then I expect a refund or adjustment from Claimfast and/or Direct Line. Head the letter "Without Prejudice" . Post the money & letter by registered post to arrive by 1 day prior to the deadline.

I'm surprised you were able to move insurer whilst in the midst of a claim. Most insurance companies won't accept you while you have an open claim.

Also surprised you didn't find out what was going on with the claim earlier.

InsideInsurance

Which telephone number did you call? The normal claims number or the one on the letter saying you didnt need to do anything?

Presumably you called back and spoke to someone else after dealing with this person? Did they give the same story?

Sounds more like you speaking to a duff agent, probably on the first claim notification line rather than the third party liability team. Call again using the number on the letter that says to do nothing, I am sure you'll get a different reply

lulululululu

Hi everyone and thank you for your replies to my post.

I should definitely have sorted this claim matter before, this is my fault. I'm too trusty and so uncomfortable with insurance language and things that I've let things happen.
This also is my first ever accident in more than 15 years driving.
Yes I called the number on the letter with the claim number and could speak with another more knowledgeable agent. Direct line did recently move to a new computer system and my claim reference is from the older one. I got a number for the old system claims team which I'll call back tomorrow as they are closed from 5pm.

Meanwhile I am going to start preparing letters as you suggest Dimey. This makes a lot of sense. The only problem is that I am leaving the country within this period, trip which I can't postponed.

Thank you so much for these valuable advices.
I will follow up with posts here.

lulululululu

I'm such a useless thing at this. I realise that I never received a letter from the other driver's insurers but from his insurers' solicitors.
It says: "Notification of claim. We act on behalf of our client and their insurer Direct choice Insurance. This accident was caused when you hit our clients vehicle in the rear. It is clear that this accident was caused by the negligence of yourself and we have written to your insurer today to request their formal admission for liability."

Is this normal procedure?

spacey2012

Do you still have the certificate of insurance.

magpiecottage

Dimey wrote: »

I can't advise you re the legal situation. Will leave that to others but outside the legal arena, this is what I'd do.

I'm afraid that you ARE advising on a legal matter - and, I fear, not very well!

I'd post a copy of the Claimfast letter to Direct Line together with a copy of Direct Line's claim number acknowledgement letter by recorded delivery and ask Direct Line to contact Claimfast urgently to resolve the matter.

I recommend a letter to

Customer Relations
UK Insurance Limited
Churchill Court
Westmoreland Road
Bromley
Kent
BR1 1DP

explaining your problems, expressing your dissatisfaction and stating that you wish them to deal with it as a complaint.

There is no need to use RD but do get proof of posting (free from the Post Office) and hang on to it.

They will almost certainly seek to resolve with two working days of receipt. If you do it tomorrow (Thursday) I would expect them to act by Tuesday (more likely Friday).I recommend a letter to

Customer Relations
UK Insurance Limited
Churchill Court
Westmoreland Road
Bromley
Kent
BR1 1DP

explaining your problems, expressing your dissatisfaction and stating that you wish them to deal with it as a complaint.

Include the original letter from Claimfast - you keep the copy.

There is no need to use RD but do get proof of posting (free from the Post Office) and hang on to it.

They will almost certainly seek to resolve with two working days of receipt. If you do it tomorrow (Thursday) I would expect them to act by Tuesday (more likely Friday).

Then I'd send Claimfast a copy of the letter you've sent to Direct Line together with a copy of Direct Line's claim number acknowledgement letter by recorded delivery and ask Claimfast to deal with Direct Line as they were your insurer and must handle the dispute.

Your policy terms and conditions probably say to send it on unanswered. If you really want to, it will do no harm to remind Claimfast, as the third party's representative, of the name and address of your insurer, the policy number and any claim reference. Again, proof of posting is sufficient - no need for Recorded Delivery.

Keep copies of everything yourself and chase up both parties in writing and by phone every 2 days till 4 days prior to the 14 day deadline.

Shouldn't be necessary - and impractical if the OP is out of the country.

At that point I'd find out how much money Claimfast want. If I could afford it I'd send Claimfast the money (cc Direct Line) stating in writing that you are only sending the money to hold off legal action until Direct Line resolve your claim against Claimfast and both companies agree a fair outcome for both insured parties. I'd state I expect Claimfast to hold the money in good faith until the case is resolved. Then I expect a refund or adjustment from Claimfast and/or Direct Line. Head the letter "Without Prejudice" . Post the money & letter by registered post to arrive by 1 day prior to the deadline.

Leaving aside the fact that Registered Post no longer exists, this is a bad move as it will leave the OP out of pocket and could result in a claim that Direct Line decides could have been defended or at least reduced - if so then it may not indemnify the OP i.r.o. losses unnecessarily incurred.

Dimey

lulululululu wrote: »

Hi everyone and thank you for your replies to my post.

I should definitely have sorted this claim matter before, this is my fault. I'm too trusty and so uncomfortable with insurance language and things that I've let things happen.
This also is my first ever accident in more than 15 years driving.
Yes I called the number on the letter with the claim number and could speak with another more knowledgeable agent. Direct line did recently move to a new computer system and my claim reference is from the older one. I got a number for the old system claims team which I'll call back tomorrow as they are closed from 5pm.

Meanwhile I am going to start preparing letters as you suggest Dimey. This makes a lot of sense. The only problem is that I am leaving the country within this period, trip which I can't postponed.

Thank you so much for these valuable advices.
I will follow up with posts here.

Good Luck Lulululu. I'm sure it will get resolved now that Direct Line have admitted they are acting.

It seems the way I'd handle the situation is incorrect so I'll leave you to pick up with Magpiecottage now.

I'd just say that once you've sent some sort of letter to Direct Line before you go abroad, you could explain you'll be overseas and leave a contact number for them to let you know they've stopped or postponed the court case. To set your mind at rest.

lulululululu

Hi Magpie and thank you for yr reply.
I am gonna have a try with your suggestion tomorrow after ringing Direct Line Claims "old system" team again.
Will follow up here with posts.

lulululululu

Thank you Dimey. Feels good to get support.

lulululululu

I will first give Direct Line Claims a call tomorrow morning as I said but I've prepared a letter for the Customer Relations.

I never wrote anything like that before - just studied the complaint letters advice on the net all night.. Would you give me a feedback on it please?

Customer relations
0th month 2013
Direct Line Motor claim problem- Ref nbr: 000000000/00
Dear Madam, Sir



I really need your help with this.
I made a claim for an accident on 0th month 2013.
I received a letter from your services on th month 2013 (copy included in this mail) stating that:

1. my claim was recorded after I called about the accident.
2. your services were going to handle everything for me.

When I called in month 2013, I was once more assured that the matter will be dealt with.
Two days ago I received a letter from a company named Claimfast dated 0th month 2013 (original included in this mail).
The letter states that your services have been provided with full documentation in support of their claim; however [FONT=Liberation Serif, serif]the matter has not been settled within an acceptable period of time. Unless they receive remittance for your services within 14 days Claimfast will instruct their solicitors to commence proceedings against me. This letter should be taken as formal notice of impending proceedings as required under section 152 of the Road Traffic Acts (1988).[/FONT]



[FONT=Liberation Serif, serif]After calling the Direct Line Claims team, it appears that my claim is not to be found on their system. I understand that there has been computer system updating taking place in your services and that confusion might have happen during this time and movement.[/FONT]



[FONT=Liberation Serif, serif]However, I am no insurance expert at all and this is the reason why people like me buy your services as I am certain you understand but I wish that you can measure the utmost stress caused by receiving this letter from a finance recoveries company with an ultimatum giving me less than 12 days to deal with the matter myself when I never was expecting to find myself in such situation as I trusted your services.[/FONT]
I wish your services to deal with this problem as a complaint and that you resolve the matter in the shortest delays possible.



I greatly appreciate your help.



Yours sincerely



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