Direct line wrogly accepted liabilty on my behalf.

waamo

Ikki1 wrote: »

I do have independent witnesses. Directline told me they contacted them but the witnesses were rude an turned the phone off. At this point i rang my witnesses to ask whats going on, and they told me they hadnt been contacted. When i rang directline to tell them this i was told as i had spoken to my witnesses they were no longer credible. For the next couple months i was continuously told witnesses hadnt been contacted again and wont be either. But now ombudsman are telling me directline did contact witnesses again a couple months later but witnesses refused.

Direct Line will have kept records of dates and times they called. They possibly had recordings too.

It's probable the witnesses didn't want to tell you they think it may have been your fault.

Ikki1

No i dont think so because after the accident they came to me and offered their details before i asked. They also gave me a letter to pass onto directline on which they wrote they were happy to go to court if they had to.

Aylesbury_Duck

waamo wrote: »

Direct Line will have kept records of dates and times they called. They possibly had recordings too.

It's probable the witnesses didn't want to tell you they think it may have been your fault.

I was about to type the same thing. Have the witnesses lied and said they haven't been contacted just because they don't want to get involved in the OP's situation, perhaps? Has the insurer provided the story about them being rude, etc because they've told the insurer their account but said that they don't want any comeback from the OP? It would seem a plausible explanation.

Aylesbury_Duck

Ikki1 wrote: »

No i dont think so because after the accident they came to me and offered their details before i asked. They also gave me a letter to pass onto directline on which they wrote they were happy to go to court if they had to.

In which case, if you wish to pursue it you will have to take it up again with the ombudsman and ask your witnesses to help again. Have you got legal cover?

Ikki1

Ombudsman are saying the witnesses were contacted again but werent able to get their statements because they didnt respond, and therefore directline followed proceadure and ombudsman cant do anything. But directline continuously said to me that they only contacted the witnesses once and not again, an nor would they try again.
Ombudsman say they will not tell directline to reopen the case.

Car_54

The OP's original question was "Is there anything i can do?"


I think the answer is "NO", and all the discussion about fault and witnesses etc. is a waste of time.

waamo

Car_54 wrote: »

The OP's original question was "Is there anything i can do?"


I think the answer is "NO", and all the discussion about fault and witnesses etc. is a waste of time.

I agree. Having had an Ombudsman decision go against you then you are pretty stuffed. Direct Line are entitled to apportion blame to you.

I know it's not what you want to hear but I can't see any more avenues to explore.

debtdebt

Nothing you can do. Directline can dispose of any third party claims as they see fit. Check your terms and conditions, it will be buried in there somewhere.

Crabman

waamo wrote: »

I agree. Having had an Ombudsman decision go against you then you are pretty stuffed. Direct Line are entitled to apportion blame to you.

I know it's not what you want to hear but I can't see any more avenues to explore.

It's not necessarily that simple - the Ombudsman is not a court and their "decisions" have been overturned by members of the public in the small claims court. I'm not suggesting the OP goes down this route without seeking advice from a legal advisor but the Ombudsman is not the final step and aside from being funded by case fees from the financial industry, their staff do not have statutory qualifications as court Judges do.

OP - do you have legal cover on home/other insurance? Some home insurers offer a legal helpline even if you don't have cover. At least you'll be able to discuss the facts with someone without vested interests.

Car_54

Crabman wrote: »

It's not necessarily that simple - the Ombudsman is not a court and their "decisions" have been overturned by members of the public in the small claims court. I'm not suggesting the OP goes down this route without seeking advice from a legal advisor but the Ombudsman is not the final step and aside from being funded by case fees from the financial industry, their staff do not have statutory qualifications as court Judges do.

OP - do you have legal cover on home/other insurance? Some home insurers offer a legal helpline even if you don't have cover. At least you'll be able to discuss the facts with someone without vested interests.

But the OP has not suffered any loss to sue for ....