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Claim Insurance accident claim company charges

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Hi everyone

I'm here to ask some advice about a situation that has got my friend really concerned.

He had an accident a little over a year ago. Decided to go through a compensation claim claim company.
For the initial 2-3 months the company, although slowly, answered his questions and kept saying that they are still waiting for the payment from the other insurance company.

However, despite multiple calls and emails, at one point the stopped replying him.

For almost a year he didn't hear anything from them.
He then receives a call from another claim company asking if he had an accident within the last three year. He said yes and when they asked if anyone else is dealing with his case he said no to that as he was not in touch with the first claim company anymore.

The second claim company started the process and after a while contacted him telling that they're going to close the case as there's already another solicitor looking into it.

Afterwards they sent him a charge of almost 2k

I don't believe my friend did anything wrong as he genuinely thought the first claim company wasn't dealing with his case anymore.

However I want some advice in terms of what you think where he stands legally?
This request of charges is definitely not reasonable but obviously they get asked to sign contracts etc so I want to know where he stands legally?

Thank you
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Comments

  • lincroft1710
    lincroft1710 Posts: 18,883 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Cpu2007 wrote: »

    This request of charges is definitely not reasonable but obviously they get asked to sign contracts etc so I want to know where he stands legally?

    Thank you

    What contract did he sign with this second company or what did he agree to over the telephone, if no signed contract?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    <He then receives a call from another claim company asking if he had an accident within the last three year.>


    Thats just a cold call i get one every few weeks .


    Somebody was dealing with the claim albeit slowly and contact should have been made with them first .
  • Cpu2007
    Cpu2007 Posts: 724 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    @lincroft1710 the contract basically says that he authorises the claim company to represent him, get the money, charge basic fees and so on. I believe it's the standard stuff you see in every contract but if there's anything in specific you want me to look for then I can ask him.

    @JJ Egan do you mean he shouldn't have accepted the second company and should have tried to contact the first company?
    If this is what you're saying then I've explained why accepted the second company.
    The first company wasn't in touch with him for almost a year and he was getting ignored.
    It was naive of him to say that no other company is dealing with his case but he said that simply because of the length of time since he's last contact with the company.

    This is the first time he had to deal with all this and has i known he was contacted by a second company, I would have told him exactly what you've said. This has already happened now and I'm trying to understand if he can do something about it as the second company is asking almost 2k for doing pretty much nothing.
  • mije1983
    mije1983 Posts: 3,665 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    Cpu2007 wrote: »
    @lincroft1710 the contract basically says that he authorises the claim company to represent him, get the money, charge basic fees and so on. I believe it's the standard stuff you see in every contract but if there's anything in specific you want me to look for then I can ask him.


    I think the point lincroft was making is to see what the contract says about fees, abortive work charges etc.
  • pinkshoes
    pinkshoes Posts: 20,535 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cpu2007 wrote: »
    when they asked if anyone else is dealing with his case he said no to that as he was not in touch with the first claim company anymore.

    What specifically did he say to the second call company?

    Did he say a company were dealing with it but had not contacted him for over a year? Or did he just say no? If the latter, then he will owe them something for any hours they have out in, as obviously someone WAS dealing with it, albeit slowly.

    It would have been wise to contact this first company before proceeding with the second.

    What does the contract say that he signed? Specifically about any charges?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Cpu2007
    Cpu2007 Posts: 724 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 30 July 2018 at 12:23AM
    Ok I understand now.
    Unfortunately I don't know what he said exactly on this matter.
    I am going to ask him tomorrow and will let you know but I remember him saying that he replied something along the lines "no other company is dealing with my case" when they asked if someone else was handling his case.

    I have asked him to send me the contract over and I have attached the document that has charges on it. However I am not 100% how that works and how it becomes almost 2k
    https://ufile.io/uro3c


    PS: @pinkshoes my friend wouldn't even have discussed any matter with the second company if the first company wasn't unresponsive.
    The first company didn't reply to any of his calls/emails for almost a year, that's a long time and I can understand that things work slowly in this field but when a person hasn't dealt with such situations before and then ends up getting no response for such a long period of time, it's normal to start to believe that maybe the first company is not handling his case anymore.
    This is not to condone he's behaviour, common sense dictates he could have simply said there was a company handling his case at some point but became unresponsive.

    Thanks
  • Cpu2007
    Cpu2007 Posts: 724 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I confirm, he didn't mention the first company when he received the call from the second company.
    He said no one is handling his case when they asked.
  • pinkshoes
    pinkshoes Posts: 20,535 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cpu2007 wrote: »
    I confirm, he didn't mention the first company when he received the call from the second company.
    He said no one is handling his case when they asked.

    In which case he lied, so the following clause comes into play;
    (b) Paying us if we end this agreement
    (i) We can end this agreement if you do not keep to your responsibilities. We then have the right to decide whether you must:

    pay our basic charges and our expenses and disbursements including barristers’ fees but not the success fee when we ask for them; or

    pay our basic charges and our expenses and disbursements including barristers’ fees and success fees if you go on to win your claim for damages.

    He has not kept to his responsibilities (e.g. lied) so owes fees. He needs to ask them to break down all fees occured. At £2000, that implies that they have spent 8+ hours on this.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Cpu2007
    Cpu2007 Posts: 724 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    He asked for a break down and they said they can send a basic breakdown but if he wants a full breakdown then he has to pay £800
  • Nodding_Donkey
    Nodding_Donkey Posts: 2,738 Forumite
    Ninth Anniversary 1,000 Posts
    He used an ambulance chaser fraudulently.



    You lie down with dogs you get fleas.


    He got what he deserved.
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