help

anthonypw

Sorry 2012 plate

anthonypw

Thank you this is very helpful, I have been assured that the insurance company will call me tomorrow afer I complaned that they did not call for three days when I was promised a call following my refusal of £6300. My main concern is that they will try to stick to the guide price books.. Parkers etc. I could really do without the added stress as I am still recovering from an horrific accident.

dacouch

anthonypw wrote: »

Thank you this is very helpful, I have been assured that the insurance company will call me tomorrow afer I complaned that they did not call for three days when I was promised a call following my refusal of £6300. My main concern is that they will try to stick to the guide price books.. Parkers etc. I could really do without the added stress as I am still recovering from an horrific accident.

Are you not reading the link I posted?

They should be ignoring the guidebooks and paying you the price on your recent invoice.

This is assuming you are claiming from your own Insurer and that they cannot convince the Ombudsman that you paid over the going rate for your car from a dealer when you bought it

anthonypw

Yes I did read it, I'm just concerned that they will say I paid over the going rate however I have carried out extensive research and similar cars a the same price if not more

Sparx

Did you take out GAP insurance by any chance? If you did, this is exactly the scenario it's for...

anthonypw

I did not even know what it was until the police mentioned it, I wasn't offered it when I purchased the car but will definitely take it out next time

Sparx

The FOS can't help that your finance balance is more than the car's current retail value.

All you can do is look on Autotrader at the same car/colour/mileage etc and if more than the insurance is offering, give them links showing the value should be more.

You'll unfortunately still have the remaining balance to pay the finance company, without GAP insurance cover.

maddogb

In my case the argument that eventually won for me was that in the unfair contracts regs now the Consumer regs 2013 it states re consumer contracts where a term may have different meanings the one which favours the consumer is the one to go with


"http://www.legislation.gov.uk/ukpga/2015/15/section/69/enacted"


under your policy they will have used the term "market value" so the interpretation of this which favours you is the one that must be used.

anthonypw

Thank you everyone for you advice and help, the insurance company have agreed to pay the same amount that I paid minus the excess