Car insurance and legal cover

BJ6969

I was hit by a moped at the rear of my car. I contacted my insurance company Marshmellow with who I have legal cover. My NCB is protected. Marshmellow put me in touch with their "insurance partner" Winn Solicitors who were going to act for me. Several months later Winn then ask me to pay their fees and the hire car whilst my car was being repaired. I refused as I told them I had legal cover. I contacted marshmellow and heard nothing. Winn then take me to court. I submit my insurance docs as proof of legal cover and my email from Marshmallow telking me that Winn their "legal partners " would get in touch. Fast forward I found out today I now have a CCJ. I'm confused. Why? Did the court not read my papers? How can this happen? One more thing which I found odd. Winn asked me to sign for documents accepting liability for their work if they were unsuccessful. I said I wouldn't because I have legal cover and protected NCB. I told them to check my insurance documents. That's why I paid over £2I for my fully completed bells and whistles insurance.
What's gone wrong? Can I appeal? Did winn sneak something in that I didn't understand? Should Marshmellow not be covering their costs if not why am I paying legal cover for.
Any guidance would help. My credit profile just took a big hit.
Thanks anyone

BJ6969

Also I now have the rental company who are part of Winn Solicitors chasing me for rental costs. 
Why?

born_again

Please don't take this the wrong way.
Just how much damage did the moped do that required a hire car.
Sounds like moped ins have contested the excessive costs of this. & it has been bounced back to you.

BJ6969

Small  dent and scratches where the paint came off..the moped's front wheel cover was totally smashed from the impact though..when I called Marshmellow they sent a body shop company to take my car for repair..I didn't question them as they got instructions from Marshmellow

BJ6969

If I trust my insurers to give me the service I have excessively paid for, why am I now apparently liable but I have insurance cover and protected NCB? I'm still confused as to how this happened. I've read my policy and my legal cover should have done the job. If the other party is pushing back then surely Marshmellow should cough ip and not me?

BJ6969

My car was taken off road for about two weeks or slightly less

DullGreyGuy

It's difficult to understand what exactly has gone on to be able to work out what's gone wrong. The statement from the court claim form may help. 

Did you submit your defence in time? Did you respond to the directions questionnaire in time? Or not receive it? Did you attend the hearing?

If the judgement was in default you can attempt to have it set aside but you need to show why it should be and that you have a good chance of winning the second hearing. You should also talk to them about consenting to have ti set aside. 

BJ6969

Hello, I've made a request to have it set aside, I'm paying my £303 and wait to her from the court. What I find interesting is that Winn Solicitirs after my submission of the N244 form which they were also sent, are now asking me to complete a form to declare my finances so they can help me with the claim that my insurance company now say is closed.

BJ6969

They are also claiming for the rental car given to me while my car was off the road. I never signed an agreement to take the car and refused to as they wanted me to be liable for costs if Winn were not successful in getting costs. I didn't sign the document and they did not withdraw the vehicle or threatened to. For clarity, Marshmallow is my insurer and Winn solicitors is their partner. The car hire company is subsidery of Winn solicitors. The car was hired from a third party Europcar. I refused to sign any documents for liability as I believed my legal cover was adequate. No one told me it was not during the entire process

DullGreyGuy

BJ6969 said:

They are also claiming for the rental car given to me while my car was off the road. I never signed an agreement to take the car and refused to as they wanted me to be liable for costs if Winn were not successful in getting costs. I didn't sign the document and they did not withdraw the vehicle or threatened to. For clarity, Marshmallow is my insurer and Winn solicitors is their partner. The car hire company is subsidery of Winn solicitors. The car was hired from a third party Europcar. I refused to sign any documents for liability as I believed my legal cover was adequate. No one told me it was not during the entire process

They gave you a car without you signing for it? Normally you'd sign the document that confirms what pre-existing damage the vehicle has etc and agreeing to the terms on the other side which is the credit agreement. 

Ultimately contracts dont have to be signed to be bound

BJ6969

The document I signed was with Europcar for damages however payment was through the partner company of Winn Solicitors. I checked before I signed.