No fault accident/car credit hire scam

Miss_Dexter

i have found myself caught up in the whole insurance company/car credit hire scam where there is a no fault accident, the other side admits liability, your insurance company "offers" you a car and puts you in contact with a credit hire company (but don't make it clear that this is what it is and you think you are being provided with a courtesy car), you sign the agreement, you get provided with a luxury "like for like" car and a year or so later (after you have forgotten about the whole thing) you are told that the other side is refusing to pay the hire costs and you have to bring a court case in your own name. Solicitors are appointed to act for you but they are completely incompetent and clearly have a conflict of interest and are acting in the best interest of the hire car company and they ask/insist you make statements in your statement of truth which are clearly not true (and which just to be clear I am not prepared to do). But then to benefit from the indemnity policy I have to cooperate!
I have seen lots of other threads about this but I cannot find any where the case has actually gone to court. If it has - which party prevailed? If you as "hirer" lost, did the hire car company then come after you for the costs of the hire (and maybe legal costs).
It is a complete scam - but I'm keen to hear people's experience of the actual court case and what happened next.
The original accident was more than 5 years ago - it has been so stressful dealing with this. You find yourself completely stuck between a rock and a hard place. I can't believe that insurance companies (who are in a position of trust) are actively encouraging this complete scam. How can we stop this? Several £0000 are at stake - and all because someone drove in to me and admitted they were liable!

Quentin

Name and shame which company is asking you to make false statements for the court


Don't do so - think perjury!


Inform the credit hire company you are being pressed to lie, and copy the insurer who pushed you into their hands in to the correspondence

sheramber

Solicitors are appointed to act for you but they are completely incompetent and clearly have a conflict of interest and are acting in the best interest of the hire car company and they ask/insist you make statements in your statement of truth which are clearly not true

I read that as the solicitors are asking for false statements

Miss_Dexter

sheramber wrote: »

Solicitors are appointed to act for you but they are completely incompetent and clearly have a conflict of interest and are acting in the best interest of the hire car company and they ask/insist you make statements in your statement of truth which are clearly not true

I read that as the solicitors are asking for false statements

that's right. although they claim they are acting for you - they clearly have the credit hire company at the forefront of their mind and try to get you to admit that you knew what agreement you were entering into at the time even though you have told them numerous times that you didn't. They say the case will be thrown out unless you say that you knew at the time.

I have refused to make such statement saying that I will not lie.

I intend to report the law firm to the SRA.

As this is such a known scam that these companies are pulling - I really want to do something to prevent others from falling into the same trap - it is too late for me to try and rectify my position - but if I can do something to try and make sure others are not caught by the same trap I will. By the time you become aware of the real position (ie it was a credit hire agreement and the other side won't pay) it is all too late to do anything about it. If I lose at the court hearing I am sure the hire company will demand the money from me, saying I didn't cooperate (cause I wasn't willing to lie). And although the court may have found the agreement between me and the hire company to be void so the defendant doesn't have to pay - I am sure the hire company will say that finding doesn't apply to them as they weren't a party to the hearing so weren't able to defend themselves.

To file a legal action against these companies is too expensive. What can be done?!

Quentin

Write on their Facebook, name and shame here, complain to the insurer (they have their own pet credit repair/hire companies they refer you to) , put reviews online etc

Lilbit

Miss Dexter, I'm due to go to court for the same kind of thing, same company in January and would be interested to know whether your case was resolved without going to court.

I have a feeling I will lose my case because of some money that had been transfered into my account just before the accident happened so am keen to know whether anyone has been in this situation.