Help needed arguing Esure's valuation

maddogb

dacouch wrote: »

The Insurers should not dispose of the vehicle until it belongs to them.

It's worth bearing in mind that if the OP decides to go to the Ombudsman, the Insurer can withdraw the offer and the FOS may possibly offer a lower amount or even a higher amount.

Their defence may well be that the car was incurring storage charges at £10 / £25 a day. That they had acted fairly in the valuing of the vehicle which the FOS agreed with and that the OP delaying the issue ran up storage additional storage charges

well said on the first part, the second and third parts are incorrect.


The insurers having made an offer of compensation would have to include in that offer any terms or conditions it was made under, if they failed to include the condition the offer cannot be rescinded.


The arguments about storage costs are in legal terms called "mitigating circumstances" not defences. They would be rejected by any judge worth his salt as they are costs at the behest of the insurer not the insured.

verityboo

I can only think that the OP has bought himself a joke guide in how to bluff your way in law.

In post 130 they say that the insurance policy t&c's are irrelevant about disposing of the car.

In post 132 they say regarding the offer of compensation the only thing that matters is the t&c's

You couldn't make this up

AdrianC

He does seem very reluctant to actually get off his backside, stop whinging, and do the one and only thing he can do - take it to court.

dacouch

maddogb wrote: »

well said on the first part, the second and third parts are incorrect.


The insurers having made an offer of compensation would have to include in that offer any terms or conditions it was made under, if they failed to include the condition the offer cannot be rescinded.


The arguments about storage costs are in legal terms called "mitigating circumstances" not defences. They would be rejected by any judge worth his salt as they are costs at the behest of the insurer not the insured.

If you know so much why are you asking for advice.

P.S Insurers can and do withdraw offers of compensation if you decide not to accept the offer of compensation and take the matter to the FOS

bod1467

Hasn't this already been to FOS, and OP lost?

verityboo

bod1467 wrote: »

Hasn't this already been to FOS, and OP lost?

Yes but either they don't have clue what they're doing apparently, or the fos and insurance company are in cahoots and it's one big conspiracy

caliew

Hi, I have worked in insurance for a number of years and have just left due to childcare reasons.

Did you purchase over the phone? If you did possibly ask to listen to the companies call recordings surrounding the valuation on purchasing the plan, if this was purchased on an aggregator site (comparison site) then did you check the market value the aggregator site pre set or did you manually key this in? Usually your terms and conditions somewhere on the paperwork upon purchase should have the market value on that. Insurance companies/underwriters tend to be regulated by the FSCS and I understand you are in contact with the ombudsman the main things they tend to look for is if you 'needed' the product and if you 'understood' the product, so basically if you feel that you did not get it orchestrated about how the market value of your car has been recorded via phone or internet upon purchase let the ombudsman know. Many insurance companies tend not to advise on market value and leave it up to the consumer to decide - because say you and your friend had the same car, same vehicle age and lived in the same street etc however you kept your car in the garage washed and cleaned it regularly and only took it out to work and back and your friend kept her car on the street next to kids playing with balls, commuted daily miles and miles never cleaned it, never got it serviced, so its difficult for an insurer to value giving individual circumstances, therefore usually its always best to check paperwork upon purchase on what market value is printed on your contract.

Also is the offer net the excess? I appreciate there are voluntary excesses but are you aware there could be underwriter compulsory excesses.

Don't be afraid to ask how the underwriter has came to that valuation and as a consumer request a breakdown. Hope this helps

rudekid48

caliew wrote: »

Hi, I have worked in insurance for a number of years and have just left due to childcare reasons.

Did you purchase over the phone? If you did possibly ask to listen to the companies call recordings surrounding the valuation on purchasing the plan, if this was purchased on an aggregator site (comparison site) then did you check the market value the aggregator site pre set or did you manually key this in? Usually your terms and conditions somewhere on the paperwork upon purchase should have the market value on that. Insurance companies/underwriters tend to be regulated by the FSCS and I understand you are in contact with the ombudsman the main things they tend to look for is if you 'needed' the product and if you 'understood' the product, so basically if you feel that you did not get it orchestrated about how the market value of your car has been recorded via phone or internet upon purchase let the ombudsman know. Many insurance companies tend not to advise on market value and leave it up to the consumer to decide - because say you and your friend had the same car, same vehicle age and lived in the same street etc however you kept your car in the garage washed and cleaned it regularly and only took it out to work and back and your friend kept her car on the street next to kids playing with balls, commuted daily miles and miles never cleaned it, never got it serviced, so its difficult for an insurer to value giving individual circumstances, therefore usually its always best to check paperwork upon purchase on what market value is printed on your contract.

Also is the offer net the excess? I appreciate there are voluntary excesses but are you aware there could be underwriter compulsory excesses.

Don't be afraid to ask how the underwriter has came to that valuation and as a consumer request a breakdown. Hope this helps

Good grief :wall:

We know about your child care, you start every post with it! There is so much bs in that rambling paragraph that it's just not worth dissecting, FSCS? Really?

Direct line must be missing you soooooo much :rotfl:

dacouch

rudekid48 wrote: »

Good grief :wall:

We know about your child care, you start every post with it! There is so much bs in that rambling paragraph that it's just not worth dissecting, FSCS? Really?

Direct line must be missing you soooooo much :rotfl:

To be fair, the OP will like the post

loskie

140 posts in this thread and the idiot OP still not given the answer he/she wants to hear no matter if right or wrong so sadly this will continue.

Lets not humour him/her any more.