Accident outcome ?!

[Patrico777]

Hi

as you all probably no I had accident where I have been hit to rear and they write off my car. This morning I recieved letter from claim department after 3weeks since accident and 3 weeks since they send me money for my write off car they saying sorry we had a error here at claim department centre that the vehicle that hit you their insurance was cancelled on 28 march 2016!!! Therefore we refer you to your insurance to request indemnity of the sum we payed to you, if you dont request indemnity it from your insurance we would need to seek reimburesments from you !! 

Waht the hell is this anyone views on this Im third party and theft they send me money 3 weeks ago

[smurf1242]

i would phone your insurance as they will be able to explain it and look in to it for you in all honesty but seems like they found a loop hole in having to dish any money out and want to take it back from you, best off just phoning them Good Luck 

[GaryPL]

Go down to the CAB or take up private legal advice.  Think Which has a legal line for something like 30-40 quid flat cost - regardless of how long the call takes.  They have paid out on certain terms and that should have been the end of it from your point of view.

I think they are trying to tie you down to claiming no more money from them.  Could be problematic if you had any injuries and are pursuing a claim here.

[Patrico777]

2 hours ago, GaryPL said:

Go down to the CAB or take up private legal advice.  Think Which has a legal line for something like 30-40 quid flat cost - regardless of how long the call takes.  They have paid out on certain terms and that should have been the end of it from your point of view.

I think they are trying to tie you down to claiming no more money from them.  Could be problematic if you had any injuries and are pursuing a claim here.

I phone up motoring bureu today consumer law advice all sorts no motor bureu said his number plate is still on database that means even if he is not insured they are resposible still for payout its stupid serioursly this I phone the claim delartment where they send me the letter from that men did not no what to say! That is ridicolous. Insurance said I am not covered for repairs or payment for my car as its third party and theft then slater gordon solutions said they cannot do nothing is wel so its all in my hands need to get some layer and go to cab

[Taylor22]

That situation sounds a mess. Surely there is no way they can expect you to pay money back due to their own incompetence. If they're saying he hasn't been insured with them for 4 months then that's something they should of picked up on before they paid out on. It's unreasonable to expect you to have that kind of money after 3 weeks as any normal person would go straight out and buy a new car. Cab stands for the citizens advice bureau they will be able to point you in the right direction of what to do. 

[Patrico777]

51 minutes ago, Taylor22 said:

That situation sounds a mess. Surely there is no way they can expect you to pay money back due to their own incompetence. If they're saying he hasn't been insured with them for 4 months then that's something they should of picked up on before they paid out on. It's unreasonable to expect you to have that kind of money after 3 weeks as any normal person would go straight out and buy a new car. Cab stands for the citizens advice bureau they will be able to point you in the right direction of what to do. 

Yeah that is so stupid not sure what to do where to turn which direction I clearly told them today I am not going to pay you or I am not going to make claim through my insurance its not even possible as they mot covering my repaires or something as third prt and theft he said he is writing all coments

[alexp999]

So just to be clear this is the insurance of the person who hit you, that now wants the money back?

If so I don't think your are in contract with them, did you sign anything to receive the money?

Def need some legal advice, but if you didn't sign any terms to receive money I can't see they have any grounds for claiming back money from their own stupid mistake.

[Patrico777]

1 minute ago, alexp999 said:

So just to be clear this is the insurance of the person who hit you, that now wants the money back?

If so I don't think your are in contract with them, did you sign anything to receive the money?

Def need some legal advice, but if you didn't sign any terms to receive money I can't see they have any grounds for claiming back money from their own stupid mistake.

No did not sign nothing its claim department ERS they called

[alexp999]

Almost sounds like a scam. Can't see they have any grounds at all to demand money back.

You'll need to seek legal advice if they won't take no for an answer though.

[Patrico777]

1 minute ago, alexp999 said:

Almost sounds like a scam. Can't see they have any grounds at all to demand money back.

You'll need to seek legal advice if they won't take no for an answer though.

Not sure what its but they state exact amount they payed me also other driver registration number and they made a error but that is not my fault they should request money from him

[Damien]

If this person has cancelled there insurance n they have paid out then they are by law due there money back.

they will have proof when this person policy ran out or stopped ect (ask for this proof) also if this is true you have been hit by a non insured driver so you claim from own insurance or contact police and report them for crime they have committed driving with no insurance

 

good luck 

[alexp999]

You need to speak to Citizens advice, but I just can't see how they can ask for it back.

[Patrico777]

4 minutes ago, alexp999 said:

You need to speak to Citizens advice, but I just can't see how they can ask for it back.

Here is a bit from the letter

[Patrico777]

9 minutes ago, Damien said:

If this person has cancelled there insurance n they have paid out then they are by law due there money back.

they will have proof when this person policy ran out or stopped ect (ask for this proof) also if this is true you have been hit by a non insured driver so you claim from own insurance or contact police and report them for crime they have committed driving with no insurance

 

good luck 

But they need to understand it was their mistake their error and like been said above money been already used what the hell they want they should not it in first place that he is not insured, not after 3 weeks, I spoke to motor buearu they said even if he is not insured but is still on database they are still responsible for payout

not 

[alexp999]

I'd love to know on what grounds or law they can actually enforce you pay it back. The claim should have been settled when you received the money. They can't go back on it now.

[Patrico777]

1 minute ago, alexp999 said:

I'd love to know on what grounds or law they can actually enforce you pay it back. The claim should have been settled when you received the money. They can't go back on it now.

Yeah that what I was thinking when I was reading the letter today I nearly colapsed I phoned them straight away that men on the phone did not no what to say he was quite I told him will you speak or what he did not comment nothing he just said he is typing everything what I am saying

[SpannerTheCat]

What a right mess it's become,great advice from Members above & i'm sure it will be sorted out in time so try not to get too stressed out about it right now.  Seems that they could have made an error & are trying to claw back whatever they can from whoever they can,not a very professional way of working though. There is a scheme that all Insurance Companies subscribe to which will settle claims for damage that uninsured drivers are responsible for,can't remember the name of it but it's well known in the Industry. As the other driver had their Insurance cancelled it means that they were driving uninsured (make Police aware as well) maybe @DAN@ADRIAN FLUX will chime in?

Would think that it'll probably be best to stop talking to them & insist that all communications are in writing,that way everyone has a record of what has been said. The most common comment above is to make an appointment with the Citizens Advice Bureau,they will be able to give you honest impartial advice on what to do next & maybe draft letters for you.  Did you deal with an Accident Claims Company or direct with the Insurers Company? When you accepted the payment was there anything in the agreement about it being ''in full & final settlement''? If you claim it back through your own Insurance Company then your premiums will increase next year & the year after etc,i'd like to see them try to get me to refund them if it was me!

 

[alexp999]

The issue is that the OP's insurance is only 3rd party fire and theft.

I think the insurance company who've paid out are just trying it on though. Hopefully someone like CAB can tell you how to reply to shut them up.

[jbell]

Two parts to this:

1) the error was on their part.  Tough sh** (in politer terms) is what I'd be tempted to say to them

2) if they are looking to reclaim the amount,  they should claim it from the person who pretended to still be their customer 

 

If the letter wasn't sent by recorded/signed for post just ignore it -  they've no proof other than this thread that you received it 

[Patrico777]

Thanks guys for your support I am going to citizen advice now 9:30 let see what they say there is no way I am oaying them back money never 

[Patrico777]

7 hours ago, SpannerTheCat said:

What a right mess it's become,great advice from Members above & i'm sure it will be sorted out in time so try not to get too stressed out about it right now.  Seems that they could have made an error & are trying to claw back whatever they can from whoever they can,not a very professional way of working though. There is a scheme that all Insurance Companies subscribe to which will settle claims for damage that uninsured drivers are responsible for,can't remember the name of it but it's well known in the Industry. As the other driver had their Insurance cancelled it means that they were driving uninsured (make Police aware as well) maybe @DAN@ADRIAN FLUX will chime in?

Would think that it'll probably be best to stop talking to them & insist that all communications are in writing,that way everyone has a record of what has been said. The most common comment above is to make an appointment with the Citizens Advice Bureau,they will be able to give you honest impartial advice on what to do next & maybe draft letters for you.  Did you deal with an Accident Claims Company or direct with the Insurers Company? When you accepted the payment was there anything in the agreement about it being ''in full & final settlement''? If you claim it back through your own Insurance Company then your premiums will increase next year & the year after etc,i'd like to see them try to get me to refund them if it was me!

 

They send me a msg saying We act on behalf of Slater Gordon Solutions, your vehicle may be beyond economical repair, to agree a pre accident value please call Tecreports on 08712886893, 10p per min networks may vary. Opening hours:- 8am - 7pm.

then I called spoke etc accepted the value asked for my bank details in 5 days I had the money now after 3 weeks they send me this letter Even If I try to reclaim from my insurance it is not possible as I have third prty and theft and I am not paying them back I would not make a claim on my insurance because of them and lose my NCB and increase premium they need. To speak to the other drive and request money from him either pay in full or he pay them monthly what ever they agree but not sending me this kind of stupid letters. 

[mills705]

Who is your letter from? Your insurer or the TP insurer? 

If its from your insurer then they will have seen it as non fault and paid you out and tried to recover money from TP insurer- once its transpired that they no longer have a policy then they will be trying this. Id make a complaint and if still unhappy id refer to FOS. In fact just ring them up now! FOS usually put the heeby jeebies into insurers rather than CAB. 

[Patrico777]

1 hour ago, mills705 said:

Who is your letter from? Your insurer or the TP insurer? 

If its from your insurer then they will have seen it as non fault and paid you out and tried to recover money from TP insurer- once its transpired that they no longer have a policy then they will be trying this. Id make a complaint and if still unhappy id refer to FOS. In fact just ring them up now! FOS usually put the heeby jeebies into insurers rather than CAB. 

Letter is from ers claim department What is FOS please 

[alexp999]

Financial Ombudsman service

[Patrico777]

2 minutes ago, alexp999 said:

Financial Ombudsman Service

Spoke to them no one seemd to help spoke to 

Consumer serivce

03454040506

 

Financial ombudsman service

08000234567

 

The law society

02073205650

 

Motor beauring

01908830001

 

Free legal advice civil advice

03453454345

 

I been to citizen advice they open on Monday so need to wait I called the ers asked what they company is they are motor insurance claim department