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XSDirect saying I owe them £51,000 !!!!!

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  • ontheroad1970
    ontheroad1970 Posts: 1,697 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Sea_Shell said:
    When you say " I admitted liability straight away. ", was this at the scene of the accident, to the third party?
    If you did, OP, it is something you should never do, even if it is obvious.  Though it would be harsh for them to put this cost on you due to this, especially if fault is without any question.
  • ariyanxh
    ariyanxh Posts: 30 Forumite
    10 Posts
    Sea_Shell said:
    When you say " I admitted liability straight away. ", was this at the scene of the accident, to the third party?
    Both on the scene and also to my insurance after. 
  • ariyanxh
    ariyanxh Posts: 30 Forumite
    10 Posts
    Sea_Shell said:
    When you say " I admitted liability straight away. ", was this at the scene of the accident, to the third party?
    If you did, OP, it is something you should never do, even if it is obvious.  Though it would be harsh for them to put this cost on you due to this, especially if fault is without any question.
    I didn’t handle any of it very well! Fault without question yeah.
  • Ibrahim5
    Ibrahim5 Posts: 1,276 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    If an insurance company could avoid paying out by just cancelling the policy they would all be doing it.
  • ontheroad1970
    ontheroad1970 Posts: 1,697 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    I would be arguing that it would be unfair of them to penalise you for admitting fault when common sense would suggest that the fault is obvious.  If that is even the reason for the situation.
  • Sea_Shell
    Sea_Shell Posts: 10,030 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    What were the brief circumstances of the accident?

    Your insurers may believe that you have prejudiced their position by admitting liability and removed their chance of submitting a defence of liability.

    This is likely to be a breach of the T&C's
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)
  • ontheroad1970
    ontheroad1970 Posts: 1,697 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Sea_Shell said:
    What were the brief circumstances of the accident?

    Your insurers may believe that you have prejudiced their position by admitting liability and removed their chance of submitting a defence of liability.

    This is likely to be a breach of the T&C's
    The t&C's still have to be reasonable and if it's obvious who is at fault I would argue it would be unreasonable in a legal sense for them to enforce it.  If it is a potential crash for cash, then things would be stickier, but I would be suggesting to FOS that it would be illogical not to accept that one is at fault when it is obvious.
  • ariyanxh
    ariyanxh Posts: 30 Forumite
    10 Posts
    You guys might be onto something, however there was absolutely no way that it was not my fault. It was clear as day. 
  • Sea_Shell
    Sea_Shell Posts: 10,030 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    Sea_Shell said:
    What were the brief circumstances of the accident?

    Your insurers may believe that you have prejudiced their position by admitting liability and removed their chance of submitting a defence of liability.

    This is likely to be a breach of the T&C's
    The t&C's still have to be reasonable and if it's obvious who is at fault I would argue it would be unreasonable in a legal sense for them to enforce it.  If it is a potential crash for cash, then things would be stickier, but I would be suggesting to FOS that it would be illogical not to accept that one is at fault when it is obvious.
    I agree, that on the face of it the insurers don't appear to have been "reasonable", but then they're hardly Aviva!!

    What you might expect from one of the major insurers seems very different to what's happened here.
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)
  • olgadapolga
    olgadapolga Posts: 2,327 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 8 August 2021 at 11:44AM
    Sea_Shell said:
    Sea_Shell said:
    What were the brief circumstances of the accident?

    Your insurers may believe that you have prejudiced their position by admitting liability and removed their chance of submitting a defence of liability.

    This is likely to be a breach of the T&C's
    The t&C's still have to be reasonable and if it's obvious who is at fault I would argue it would be unreasonable in a legal sense for them to enforce it.  If it is a potential crash for cash, then things would be stickier, but I would be suggesting to FOS that it would be illogical not to accept that one is at fault when it is obvious.
    I agree, that on the face of it the insurers don't appear to have been "reasonable", but then they're hardly Aviva!!

    What you might expect from one of the major insurers seems very different to what's happened here.
    The major insurers are just as tricky/unreasonable as the not-so-major insurers, IME. Particularly Aviva, who only started to behave reasonably once we referred them to the Ombudsman.
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