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  • FIRST POST
    confusedkarma
    carpenters solicitors......... verdict?
    • #1
    • 17th May 13, 5:27 PM
    carpenters solicitors......... verdict? 17th May 13 at 5:27 PM
    i'm going through a claim at the moment via tesco, who uses carpenters solicitors. i got a call from carpenters today saying that basically they aren't pursuing my case as 3rd party has an independent witness (which isn't independent, and didn't witness anything anyway, but i'm struggling to prove) and that an independent witness basically trump cards the witness i have, plus photographic evidence showing damage, car position etc.
    yet after speaking to tesco, they're still in complete agreement that it isn't anywhere near my fault and are continuing to battle with admiral.

    is this normal?


    btw, this was an early april accident, so still pretty early on in the whole "he said she said" arguement
    Last edited by confusedkarma; 17-05-2013 at 5:30 PM. Reason: adding the date
Page 1
  • lil.smartie
    • #2
    • 17th May 13, 5:34 PM
    • #2
    • 17th May 13, 5:34 PM
    Terrible, still out of pocket let alone no compensation from an accident 3 years ago!

    Kate
  • confusedkarma
    • #3
    • 17th May 13, 5:40 PM
    • #3
    • 17th May 13, 5:40 PM
    Terrible, still out of pocket let alone no compensation from an accident 3 years ago!

    Kate
    Originally posted by lil.smartie
    OMG!!!!!! theres no way i could cope with putting up with their......erm...... poop for the next 3 years! if only i could have reached down the phone line today id have put his "procedure" up his jacksy!!

    all i want is my excess back, but not sure £250 is worth while 3+ years of stress
    • forgotmyname
    • By forgotmyname 17th May 13, 11:27 PM
    • 29,464 Posts
    • 12,111 Thanks
    forgotmyname
    • #4
    • 17th May 13, 11:27 PM
    • #4
    • 17th May 13, 11:27 PM
    Tesco are terrible for paying out.

    A family member got injured whilst working there, Not a serious injury but prevented them from doing the job for a few weeks and had issues for some time later.

    1 member of staff witnessed it and another was close by but didnt see it yet knew the object had been reported previously.

    5+ years later it was just about to goto court and they paid up.

    They were so obstructive it was unbelievable. Witness was transferred, Other staff member left. Tesco refused to give details of the previous complaints because of data protection.

    Terrible. They will bend the rules and obstruct all the way.

    Get a no win no fee company and leave them to it.
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
  • confusedkarma
    • #5
    • 18th May 13, 9:04 AM
    • #5
    • 18th May 13, 9:04 AM
    can i do that? get a different solicitor to pursue even if carpenters don't take things further? what company would you suggest?

    thanks ever so much for your help
    • Quentin
    • By Quentin 18th May 13, 9:17 AM
    • 40,488 Posts
    • 24,530 Thanks
    Quentin
    • #6
    • 18th May 13, 9:17 AM
    • #6
    • 18th May 13, 9:17 AM
    No solicitor would have concluded a claim (where liability is accepted) from an incident which only happened last month!

    You have disputed liability which will take months.

    If you are unhappy with the solicitor provided by Tesco you need to tell them and ask them to get you another, but you need more patience.

    The Tesco advisor who told you that they continue to "battle" the other side will be telling you the situation as shown on their file, and may not be aware of the full picture (the emergence of an independent witness etc)
  • confusedkarma
    • #7
    • 18th May 13, 9:44 AM
    • #7
    • 18th May 13, 9:44 AM
    No solicitor would have concluded a claim (where liability is accepted) from an incident which only happened last month!

    You have disputed liability which will take months.

    If you are unhappy with the solicitor provided by Tesco you need to tell them and ask them to get you another, but you need more patience.

    The Tesco advisor who told you that they continue to "battle" the other side will be telling you the situation as shown on their file, and may not be aware of the full picture (the emergence of an independent witness etc)
    Originally posted by Quentin

    i spoke to carpenters solicitors yesterday and was told that as they have an independent witness and i dont, we wont be able to take it to court.

    ive not asked for it to be all resolved, i was expecting a long drawn out thing, which is why i was so baffled, and therefore put up this post.
    • Quentin
    • By Quentin 18th May 13, 10:07 AM
    • 40,488 Posts
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    Quentin
    • #8
    • 18th May 13, 10:07 AM
    • #8
    • 18th May 13, 10:07 AM
    Are carpenters working for you or tesco?

    Ie. Have you claimed off any "legal expenses" policy to get your uninsured losses back and tesco are funding them, or are they dealing with the disputed liability on behalf of tesco?

    If they are working for tesco, there's not a lot you can do about replacing them.

    As they only informed you yesterday that they don't rate your chances of winning in court, maybe tesco still haven't had their advice yet.
  • confusedkarma
    • #9
    • 18th May 13, 10:30 AM
    • #9
    • 18th May 13, 10:30 AM
    from what i gather, tesco are "fighting" for my NCB, for my premiums not to be affected etc, and for what tesco have already paid out to me as settlement for the car. (car was written off so tesco have paid out, minus my excess)

    i didn't involve carpenters, they are the solicitor working for tesco, carpenters are (or not) "fighting" for my excess back, and they would also be claiming for injuries, losses etc but the only thing i've claimed for is my excess.

    there doesn't seem to have been any communication between tesco and carpenters at all, they haven't shared any evidence like i would have assumed (this is my first ever accident so have never had any experience before). when carpenters rang and basically said, as things stand there is no hope, so they wont persue, i was mortified! after a lot of crying, pleading, and a bit of getting very angry and having to watch my words, the carpenters chap agreed that they would review what evidence they have again, and as i know where this supposed independent witness has come from (a friends relative) i may have a chance of discrediting the witness. I that is, not carpenters. i have to find evidence? isnt that what carpenters are paid for? BLAH, im waffling lol can you tell its still really annoying me?

    anyway, i rang tesco after speaking to carpenters to see if they were in agreement and the guy was like WTF? no way, we still have a strong case and can prove what the witness says is wrong with photos. so he seemed to be as baffled as me. and of course its a weekend so i cant speak to either now, so its just going to play on my mind all weekend, and will be suffering from mountain out of molehill syndrome by monday :/

    basically it just seemed a very odd thing for carpenters to say, especially as the claim is only 6 weeks or so in.
    • Quentin
    • By Quentin 18th May 13, 10:41 AM
    • 40,488 Posts
    • 24,530 Thanks
    Quentin

    i didn't involve carpenters, they are the solicitor working for tesco, carpenters are (or not) "fighting" for my excess back, and they would also be claiming for injuries, losses etc but the only thing i've claimed for is my excess.....
    Originally posted by confusedkarma
    You say you have only "claimed" for your excess.

    Your excess isn't covered by your policy, and you need to pursue the third party to get this back.

    It may be that you are using a "legal expenses" add on policy you have with your insurance to claim this (and you have been allocated carpenters by tesco to deal with this).

    But if not, then you need to pursue this yourself.

    (Tesco will be "fighting" the liability issue with the other side - if they are successful in getting the other side to accept full liability, then getting your excess back will be a formality for you)

    Do you have any correspondence regarding this which will explain carpenters role in all this?
  • confusedkarma
    You say you have only "claimed" for your excess.

    Your excess isn't covered by your policy, and you need to pursue the third party to get this back.

    It may be that you are using a "legal expenses" add on policy you have with your insurance to claim this (and you have been allocated carpenters by tesco to deal with this).

    But if not, then you need to pursue this yourself.

    (Tesco will be "fighting" the liability issue with the other side - if they are successful in getting the other side to accept full liability, then getting your excess back will be a formality for you)

    Do you have any correspondence regarding this which will explain carpenters role in all this?
    Originally posted by Quentin
    what youve just said sounds right, the legal expenses thingy. so tesco have employed carpenters on my behalf? so can carpenters say i have no hope of getting my excess back, yet tesco still keep going with the claim? sorry for all the questions, and thanks so much for your help. i really am just in such a state. i cannot believe that she has got a mate to lie for her, and is getting away with it. no wonder everyone hates insurance, now i see why
    • Quentin
    • By Quentin 18th May 13, 11:14 AM
    • 40,488 Posts
    • 24,530 Thanks
    Quentin
    Carpenters will only pursue your case through the court if they think you will win.

    But even if you don't win, this may end up as split liability, meaning you can get back the proportion of excess the other side is held liable for (so were it finalised between the unsurers as 50/50 you would get back 50% of your excess).

    Make sure you inform both carpenters and tesco about your concerns over the independent witness.

    But at the end of the day, they won't go to court unless they are confident of winning, and if the independent witness is accepted on face value be prepared for a split liability or worse.
  • confusedkarma
    yep, thats basically what carpenters said, the independent witness is the biggy. no idea how i can prove he isn't independent though. hopefully i can convince carpenters enough to take me seriously, but i wont be going down without a fight.

    thanks for your help.
    • Quentin
    • By Quentin 18th May 13, 11:45 AM
    • 40,488 Posts
    • 24,530 Thanks
    Quentin
    It seems that carpenters are advising you they cannot pursue your excess for you.

    As Tesco have subsequently told you they are of the opinion you are blameless then you can certainly contact their legal expenses claim department and ask if they will supply another solicitor to deal with your uninsured loss claim, telling them why you don't accept the carpenters assessment as it's contrary to the Tesco Claims Department's view.

    Alternatively await the outcome of the liability dispute between tesco and the other insurer, (having put your concerns over the new witness to tesco), then take up the claim for the excess again if the outcome is anything other than 100% your fault.
    Last edited by Quentin; 18-05-2013 at 12:01 PM.
  • confusedkarma
    thank you quentin..... i have mellowed somewhat now lol.

    think ill ring both carpenters and tesco on monday and go from there.

    thanks again
    • rs65
    • By rs65 18th May 13, 3:26 PM
    • 5,372 Posts
    • 2,564 Thanks
    rs65
    i cannot believe that she has got a mate to lie for her, and is getting away with it. no wonder everyone hates insurance, now i see why
    Originally posted by confusedkarma
    How does that make everyone hate insurance? If you'd said, everyone hates lying scum, fair enough.
  • confusedkarma
    How does that make everyone hate insurance? If you'd said, everyone hates lying scum, fair enough.
    Originally posted by rs65
    sorry, i apologise for not inspecting every comment i make incase someone picks a fault in it. but im sure you can see why my mind may be elsewhere?

    and yes, lying scum, everyone should hate them, however, as my situation proves, some people openly welcome lying scum
  • Lostfaithininsurance
    Compensation! What compensation?!
    I was involved in an accident in May last year. My car was t-boned by a young driver who failed to stop at a junction. They accepted liability immediately and it did not take long for Tesco to pay out the value of the car. Carpenters solicitors on the other hand.....well.....they are 'dealing' with my medical compensation. It's been over a year now and they are still 'dealing' with it. The losses I have incurred and have been submitting keep being rejected - it would appear that I cannot actually reclaim the majority of my losses and the settlement figure they are suggesting is less than people have received for having their wing mirrors knocked - my whole vehicle was written off. I am bitterly disappointed by the service I have been receiving from Carpenters and often come away from conversations with them feeling very angry and resentful
    • OnanTheBarbarian
    • By OnanTheBarbarian 11th Jun 14, 3:59 PM
    • 1,422 Posts
    • 869 Thanks
    OnanTheBarbarian
    Carpenters won't be bothered with the claim as you are only claiming a policy excess and no personal injury. which means to them doing a load of work to run a case to a small claims hearing, where even it you win 100%, they will get about £80 in costs and have to write off the fees of the barrister they use to represent you.

    Conversely, I have a case against them at the moment where they are defending and their client has an injury claim going on, yet they are happy to sleep walk the case to trial next week for the
    100% uplift on their costs, even though we made a Part 36 offer in December which I doubt they will beat.
    • Mark Millward
    • By Mark Millward 25th May 16, 10:42 AM
    • 1 Posts
    • 0 Thanks
    Mark Millward
    Carpenters Cowboys
    Unless you are expecting a 5 figure pay-out, (of which Carpenters will push the case to finality to take their 25%), I wouldn’t advise that you use these cowboys, as their speed is of that of a sloth.


    The more people who report them (as I have done), to the: Solicitors Regulation Authority,The Cube, 199 Wharfside Street, Birmingham B1 1RN the better.

    I had a non-fault accident back in July 2015. The 3rd party admitted liability there and then. The 3rd parties insurer contacted me within 2 hours to take on my vehicle repairs & any personal injury claim. I declined and stated I would go with my own insurers. My own insurers gave me the name of Carpenters, who they recommended to claim for the personal injuries I sustained at the time of the accident.


    10 months later, and I am still waiting for the claim to be completed.


    I have had little or no contact with the Solicitor handling my case – Viv Titchcomb.
    No response to emails, other than an automated “I am out of the office” reply. When I phone her there is no answer. When I call Carpenters switchboard, they say she is not there. She does not return my calls.
    I eventually manage, (after being on “hold” for 20 minutes – and that’s a genuine 20 minutes), to speak to another member of her “team”, who state they cannot help me, as it’s “her” case.
    There really should be some way of finding out what is happening with my case.
    I wish I had not taken up Carpenters offer of acting upon my behalf. I should have gone with my own Solicitor.
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