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Sue the FOS? With or w/o Esure?
Comments
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The people you want to sue have a solution for this, but as you have no faith in them it's pointless contacting them
You are full of hilarious stuff today, given what I have seen recently, my advice to anyone would be spend the money and time on court, I have a summary from an adjudicator and to paraphrase it , The case is weak because the case is weak.0 -
Anyone else had to go to ombudsman after low valuation from Esure or Sheilas wheels? would be really helpful especially in write off scenario and you still had the original email comms from them0
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Anyone else had to go to ombudsman after low valuation from Esure or Sheilas wheels? would be really helpful especially in write off scenario and you still had the original email comms from them
I posted a link to one on your other thread.All matter is merely energy condensed to a slow vibration, we are all one consciousness experiencing itself subjectively, there is no such thing as death, life is only a dream, and we are the imagination of ourselves.0 -
I posted a link to one on your other thread.
ummm, you mean the link to a pdf where an ombudsman is saying that insurers price guides are adjusted for regional differences which according to Glass is untrue?
If that is what you mean without the contact details I can't even find out if its true or just a piece of PR Fiction
I need to actually make contact with someone who has gone thru the process. but cheers anyway
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it has just occurred to me here that as they have sold my car without my permission could it be argued that they must pay my price.
Surely if they are able define their price on payouts for write offs it would be an unfair term to not allow me to set my own price in this instance.
Don't know if I explained that very well, am thinking of unfair terms in consumer contracts regulations...0 -
it has just occurred to me here that as they have sold my car without my permission could it be argued that they must pay my price.
Surely if they are able define their price on payouts for write offs it would be an unfair term to not allow me to set my own price in this instance.
Don't know if I explained that very well, am thinking of unfair terms in consumer contracts regulations...
It doesn't change the market value of the car.0 -
It doesn't change the market value of the car.
not sure what you are getting at there,
is it
a. The market value as defined by the FOS and Esure
b. the real market value
c. some legal definition of market value I am unaware of?
If it's a.
that appears to be a contractual thing, the fact they sold MY car takes it out of the contractual arena.0 -
stop being bitter because you were proven wrong.....
Bitter? Wrong? What are you on? Magpiecottage has already given you the lowdown on that....The problem with suing esure alone is the defence of following industry guidelines like many before "I was just following orders guv" In joinder it may be found the FOS share liability.
So why not try the HRA route?
Sheesh! You try and help some people, and all they do is give you grief.:)0 -
not sure what you are getting at there,
is it
a. The market value as defined by the FOS and Esure
b. the real market value
c. some legal definition of market value I am unaware of?
If it's a.
that appears to be a contractual thing, the fact they sold MY car takes it out of the contractual arena.
There is no contract for you to set a price on. I may be completely wrong (and someone will correct me) but you would be suing on the basis of negligence in taking care of your vehicle. The legal remedy for this would usually be damages (there are other remedies but they are rarely used).
Damages should put you back in the same position as you would have been if they hadn't got rid of your car. The would be a sum of money allowing you to purchase an equivalent car.
When you go to a court, they will take a view on how the market value will be calculated - they may be persuaded by evidence from esure that the FOS (who would be likely to be viewed as authoritative) have a method of calculating the market value - alternatively they may be persuaded by you that the market value esure have offered is too low.
Punitive damages are essentially unheard of in the UK.0
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