Tricked by Credit Hire firm 2 months hire @ £30K!

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  • Chickenlips
    Chickenlips Posts: 150 Forumite
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    What they have done isn't illegal and is unlikely to become so. At best, laws may come in to force to limit the amount that can be charged, or precedent will be set in the civil courts.

    The reason this company get away with charging such disproportionate costs is because people like yourself do not read what they are signing and do not do any research.

    Questions you are likely to be asked include did you believe the costs to be reasonable? Had you been aware that you may be liable for the costs, would you have acted differently? Just because you can an insurance claim, it does not mean you get handed a blank check.

    Should liability be agreed by insurers, it is likely your policy will stipulate that costs will be settled based at what it would have cost your insurers for the fair and reasonable works and hire car.

    A court is likely to make insurers pay the costs they would be liable to pay had they instructed a hire car company I.e. £40.00 a day. You will be left to fund the remaining £300.00 per day.

    You would then need a second court case for the costs charged by the hire firm. You're on sticky ground here - you signed a contract with the costs and terms on it. You had 87 days to request the paperwork... But didn't. You haven't got a valid defence for this. Ignorance to the terms isn't valid either.

    You will not be able to prove misrepresentation without the paperwork. Or evidence that what you were told was different to what the paperwork said.

    It is pretty standard that in the even a claim fails to meet certain aspects, the insured is responsible for the costs not covered. The biggest issue here isn't that you are now responsible for the costs, it is the costs you agreed to.

    Your post reads as though you signed up without knowing the cost, and when you did see it saw it was high and only asked if you had to pay anything in the event that the claim wasn't no fault. When you were told no, you porcced to agree to the costs. Did you assume insurers would give you a blank cheque?

    Why did you not ask insurers to agree to the costs in principle? What did you think would happen to the bill if insurers didn't cover the costs? You cannot of thought the company would swallow the costs because your insurers wouldn't pay?

    What did you do to progress your claim? Do you have evidence that you chased the repairs? 87 days is excessive. Should insurers settle the car hire costs, it would also likely factor in the reasonable repair time frame. I.E. if it would have taken 30 days to complete the works, you may get £1,200 from insurers. You'll still be £28,800 short.

    I understand that you're unhappy with the lies you were told, but you must accept responsibility for what happened. You failed to act reasonably and did not consider what you were doing. As said above, you had 87 days to obtain a copy of the paperwork and didn't. And, given that the terms have come as a surprise to you, you didn't read it when you had the chance.

    Please seek help from a good solicitor as soon as possible.
  • FutureGirl
    FutureGirl Posts: 1,252 Forumite
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    You have to take some responsibility here for not reading what you had signed up for.

    Not reading what you're signing up for is not a defence according to Contract Law.
  • EddySub19
    EddySub19 Posts: 30 Forumite
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    edited 3 June 2018 at 2:19PM
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    Hi ChickenLips,
    Your post reads as though you signed up without knowing the cost, and when you did see it saw it was high and only asked if you had to pay anything in the event that the claim wasn't no fault. When you were told no, you porcced to agree to the costs. Did you assume insurers would give you a blank cheque?

    No, not really, I asked him about the high price and he said its quoted high on purpose but later gets knocked down by insurers. They quote high to get as maximum as possible afterwards. I asked would i be liable for the difference and he said no.

    I’m checking my phone bill to see how many chase up calls I made to . I spoke to a solicitor breifly and he pionted out a few errors this accident management company made. Even I know £1200 is ridiculous low, they should pay atleast £5 for the hire.

    Its an unfortunate mistake in hindsight I would never repeat. I just need to wait see what happens.

    I know you think that non-fault victims should lower costs as much as possible but we can’t replace cars with bangers when we’re not at fault because of others careless driving. Anybody would rightfully demand like for like. Also I wouldn’t want a rushed job in repairs.

    Motorists should be protected from these elaborate cons. Most people think the same way, they don’t care about the tab if they think they’re not paying and assume its something for the insurers to sort out between themselves.

    Now I realise as the “model motorist” we are required to pay the insurance premiums as much as possible but limit the costs to the insurers in their time of need. Always the motorist on the losing end. As a driver of a new car I only had for a while, when the lorry driver did shunt it, I’d think its a reasonable request to ask for a like for like replacement- not a small Ford Ka or Kia Picanto. I had some special functions to attend to too during that time, and only these credit hire firms are able to provide.
  • Chickenlips
    Chickenlips Posts: 150 Forumite
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    My advice regarding any insurance claim is to spend money as though you will have to pay the final bill. The thing about any insurance claim is that until you get the final settlement, the final bill could end up being yours.

    Insurers carry out checks at the point of a loss to ensure the policy and claim are valid. There is a legal reason that you are not checked at inception, but I won't bore you with that!

    I hope you don't, but in the event that you do... If you ever have another claim spend as though it is your money you are spending.
  • Chickenlips
    Chickenlips Posts: 150 Forumite
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    Loss Assessors do the same on claims. Put in high costs and justify it by saying that the insurance company will always try and knock it down. This isn't the case. I work as an adjuster and I will always settle the claim for a fair figure - the cost of repairs that are covered. No more no less.

    Claims management companies and loss assessors drag out the life of a claim by submitting over inflated costs. It's always refreshing when an assessor does submit fair costs and it makes the claim so much easier and smoother for the policyholder.

    Thought the above might be useful if you ever have a non mother claim!
  • Chickenlips
    Chickenlips Posts: 150 Forumite
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    Can't edit the above to add this: if the company doesn't charge you a few, where do you think they make their money? From a cut of an over inflated claim. Claims (or at least the ones I deal with) will only be settled for s fair cost - meaning the policyholder doesn't have enough for works as their assessor has taken a chunk.
  • dacouch
    dacouch Posts: 21,637 Forumite
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    Out of interest, could you have financed the cost of hiring a Passat from a normal high street hire company at a cost of circa £300 a week from your savings?
  • EddySub19
    EddySub19 Posts: 30 Forumite
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    Hi Dacouch,

    Yes it wouldn’t have been a big deal had I known I would have got one from Sixt and £35 a day. I just had some money earmarked for a house purchase so wanted to keep my own money “safe”. Damn I hate these credit hire firms and this tailgating lorry driver.
  • EdGasketTheSecond
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    If the lorry driver ran in the back of you then I don't see how it can possibly be 50/50 as the driver behind should leave enough room in front to stop; doesn't matter that you braked. That still leaves the issue of over-priced car hire though; you are supposed to minimise your expenses; not max them out though I realise the claim company did that for you.
  • dacouch
    dacouch Posts: 21,637 Forumite
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    EddySub19 wrote: »
    Hi Dacouch,

    Yes it wouldn’t have been a big deal had I known I would have got one from Sixt and £35 a day. I just had some money earmarked for a house purchase so wanted to keep my own money “safe”. Damn I hate these credit hire firms and this tailgating lorry driver.

    The reason the Insurers credit hire company were being so difficult and asking for bank statements etc. Is because if you are in the financial position to be able to afford to finance the cost of hiring a car at the normal (Much cheaper) price from a normal hire company. Then the credit hire company are unlikely to be able to recover their outlay from the ther Insurer.

    When / if it goes to the next stage where they threaten court action against the third parties Insurers they will request to see copies of relevant bank statements so they can prove you could not afford to finance your own hire car.

    If your savings were genuinely tied up a judge may or may not accept you had a genuine need for the credit hire.

    Ironically if you had claimed for repairs under your own policy and financed the hire car unde your own finances. The claim would have been likely settled far quicker and you would have received the hire costs in full without dispute in liability
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