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      02-09-2010, 12:22 PM   #45
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Very sorry to hear about this situation.

Don't let it go without a fight though as others have said.

I hope you can get a resolution.
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      02-09-2010, 12:23 PM   #46
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thanks for all your support guys, just dont see a way out in this one
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      02-09-2010, 12:34 PM   #47
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Quote:
Originally Posted by bmw330dconv View Post
thanks for all your support guys, just dont see a way out in this one
I don't mean to seem out of order here mate, but this isn't a hugging group.

We ALL feel for you, trust me.

But did you come here for advice primarily? Because if you did, then you have been given a lot of it.

I have all the sympathy in the world for people who get screwed over and are powerless to stop it, but you are absolutely not powerless and the good people of this site have rallied very quickly and en masse to assist you.

My advice, pick yourself up and get ready to put the boot in. GET LEGAL REPRESENTATION... NOW!!!

Matt
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      02-09-2010, 12:42 PM   #48
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Quote:
Originally Posted by RagingKileak View Post
I don't mean to seem out of order here mate, but this isn't a hugging group.

We ALL feel for you, trust me.

But did you come here for advice primarily? Because if you did, then you have been given a lot of it.

I have all the sympathy in the world for people who get screwed over and are powerless to stop it, but you are absolutely not powerless and the good people of this site have rallied very quickly and en masse to assist you.

My advice, pick yourself up and get ready to put the boot in. GET LEGAL REPRESENTATION... NOW!!!

Matt
Very wise words, don't sit back and take it, drop the tea & sympathy and get something done about it!
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      02-09-2010, 01:13 PM   #49
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Dreadful story, and I hope it all works out for you.

Can't really add much, it's all been covered, and very well.

Quote:
Originally Posted by RagingKileak View Post
Aye,

This is crucial... I have just had a similar situation with an unrelated type of insurance, but there was very light evidence to the contrary of what I was saying and I had none on the face of it.

I found some and called them about five times, explaining the situation and each time they continued to refuse.

I then took legal counsel from two solicitors. One which cost me 60 and one which was a free consultation on a no-win, no-fee basis. I went to the first which is my regular solicitor to get the CORRECT opinion and I then went to the second to perform the work, as the kind of thing I was claiming for typically doesn't allow the claimant to recoup all legal fee's.

In this case, both solicitors said I MAY have evidence enough to overturn the companies decision to pay me.

I called one more time and calmly, concisely and politely explained exactly the above, and that if they didn't resolve it on the phone without any further contact that I would be serving them with an 'Advice before action' letter which would be followed a week later by another, similar letter along with one to their ombudsman.

This was enough to overturn their decision and I got paid.

IF you are telling the truth then there WILL be proof somehow, some way. Credit Card receipts from your old mans card for refuelling would be one... Speeding Fines which HE took etc.

Any of these to the contrary will count against you of course. So be sure that what you are telling us and what is true line up.

FIGHT THE MAN - YOU DO HAVE THE RIGHT.

IF your legit, I would personally love to see you fuck over the insurance company and get what you deserve. Don't lay down because that is precisely what they want you to do.

Their phone monkeys will fold like paper ships beneath waves if you hit them with this kind of barrage and if you have evidence, their management and legal team WILL pay you rather than face you in court. Hold the line!!!!

Matt
Top post Matt (Maximus)
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      02-09-2010, 01:13 PM   #50
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Quote:
Originally Posted by RagingKileak View Post
I don't mean to seem out of order here mate, but this isn't a hugging group.

We ALL feel for you, trust me.

But did you come here for advice primarily? Because if you did, then you have been given a lot of it.

I have all the sympathy in the world for people who get screwed over and are powerless to stop it, but you are absolutely not powerless and the good people of this site have rallied very quickly and en masse to assist you.

My advice, pick yourself up and get ready to put the boot in. GET LEGAL REPRESENTATION... NOW!!!

Matt
Well said mate
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      02-09-2010, 01:33 PM   #51
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I don`t understand why the finance is in your name instaead of your dad`s. Unless he`s medically unfit to work, he`s obviously in a position where he`s financially comfortable or else he`d still be working. Car finance will be secured on the car also, so even less of a risk.

Why does the insurance cost 2100 a year and how many other cars are in the household.

I hope you get it sorted out but there seems to be a little more to the story.
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      02-09-2010, 02:18 PM   #52
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Quote:
Originally Posted by bmw330dconv View Post
thanks for all your support guys, just dont see a way out in this one
please don't take this the wrong way but if I was you I would CONSIDER Bankruptcy,if you don't own the house that you live in ,it may be your only way out of this ,yes it will affect your credit rating for a few years but will be better than paying out for something you don't own anymore

they are screwing you so do it back to them

Sorry if I am being a bit extreme but any bloody excuse and the bastards don't want to pay .

JMO

I really feel for yon Mate ,please don't dwell on it too much you will get through this .

mikey.
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      02-09-2010, 02:20 PM   #53
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Quote:
Originally Posted by Hotcoupe View Post
Dreadful story, and I hope it all works out for you.

Can't really add much, it's all been covered, and very well.



Top post Matt (Maximus)
agree
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      02-09-2010, 03:10 PM   #54
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Good post by Matt.

Right this shit has happened and it's awful putting it mildly. Now focus ALL your attention on sorting it.

Keep us posted as it were and good luck.
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      02-09-2010, 03:29 PM   #55
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Give them hell!!!
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      02-09-2010, 03:49 PM   #56
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Quote:
Originally Posted by mikem View Post
I don`t understand why the finance is in your name instaead of your dad`s. Unless he`s medically unfit to work, he`s obviously in a position where he`s financially comfortable or else he`d still be working. Car finance will be secured on the car also, so even less of a risk.

Why does the insurance cost 2100 a year and how many other cars are in the household.

I hope you get it sorted out but there seems to be a little more to the story.
my dad is retired and when we were looking at buying a car i wanted the bmw where he would have gone down a toyota route, so we decided with the money we have i would pay the rest on finance because he wouldnt pass a credit check as he has no income apart from an early pension, but its still a shared car between me and my dad except i pay for the finance.

the insurance is 2100 a year due to me having a claim for an accident and having a 6 month ban due to the totting up on my license.

there really is no more to the story, insurance is void due to the person who is the finance holder should be the the main driver and the registered keeper which i am not and my dad is

Its like me buying a car for my dad on finance as a gift and him insuring it and putting me as a 2nd driver, we share the car, i use it 3 days in a week to go work and he uses it for weekends and the rest of the week mostly. He also has a rav 4 for when we go out with the rest of the family, he has owned the rav 4 for 12 yrs now...i really thought we were legit the way everything was done but obviously not.

i am going to take legal advice and then see where we go from there, fair do this has really put a downer on me but gotta pick myself up again and try to move on
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      02-09-2010, 03:53 PM   #57
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Sorry to hear your life is going to shit, you must feel gutted.

Have i got these facts right though

V5 - in your dads name? If so, he's only the registered keeper - that is not neccesarily the legal owner

You keep refering to it as your car, and as you have taken out the finance on it, that appears to make you or the finance company the legal owner.

Did your dad drive either a) more miles in than you or b) use it on more days than you ?

If it isnt a or b, then he isnt the main driver and its down to the small print.

Edit - just seen your post above - is your dad main driver on the Rav4?

Good luck

Last edited by pjs; 02-09-2010 at 03:58 PM.
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      02-09-2010, 03:54 PM   #58
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Quote:
Originally Posted by bmw330dconv View Post
The car is shared with me and my dad, we both drive it equally...
Sorry to hear about your dilemna mate

There's some important points here which may be why the insurer is twitchy:

1. Did you really use this car equally? Named drivers are not generally meant to use the car for more than 25% of the time and should definitely not be the majority driver else they should then be the primary name. So if you use it 50/50 they should have been notified of this specifically just in case. Named drivers are meant to be occasional drivers only.

2. If you are the finance recipient and legal owner, why is your dad on the V5 when you both live at the same address?

3. Is it specific small print that says the owner/finance recipient must be the main insurer?

4. The fact your dad has use main use of ANOTHER car at the same address will really ring alarm bells.. The first thing insurers ask about main/named drivers is do they have use of other cars.

Hopefully you can get out of this one, but insurers will alway say there's no smoke without fire.....

Last edited by doughboy; 02-09-2010 at 04:02 PM.
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      02-09-2010, 03:55 PM   #59
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Quote:
Originally Posted by RagingKileak View Post
I don't mean to seem out of order here mate, but this isn't a hugging group.

We ALL feel for you, trust me.

But did you come here for advice primarily? Because if you did, then you have been given a lot of it.

I have all the sympathy in the world for people who get screwed over and are powerless to stop it, but you are absolutely not powerless and the good people of this site have rallied very quickly and en masse to assist you.

My advice, pick yourself up and get ready to put the boot in. GET LEGAL REPRESENTATION... NOW!!!

Matt
your not being out of order mate, and i didnt think this was a hugging group either, cant seem to recall asking anyone for any hugs lol

i know what you mean tho, the shit has hit the fan and now i gotta deal with it, i didnt mean to come across like a spoilt baby, its just that obviously this has put me and my family back with such a huge debt and it not only effects me but my dad too because my money is his money as we are a very tight family....but like u say gota pick myself up and get ready to boot the boot in.
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      02-09-2010, 04:08 PM   #60
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Really sorry to hear this has happened mate ! scum bags !

On your insurance , is this not called insurance fronting which is illegal?

When a young driver is put as a named driver on the policy even though they will be driving the car more than the main driver?
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      02-09-2010, 04:25 PM   #61
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I'm not a legal mind, but do know we have a "Duty of Disclosure" and the insurers seem to fall back on this responsibility we have. To be honest it does appear that the policy is 'fronted' from outside, not knowing the whole bunch of facts.

Did your father use a NCD against the insurance, or use the fact he had another car to get an introductory discount? These are the sort of factors which switch on alarm bells and get challenged when a claim is made and investigated.

You do need legal advice, for sure. Even a lot of guys in the industry don't seem to fully understand what the impact can be for having a split sort of arrangement, on ownership, registered keeper/owner and who should really take out the insurance. Legal vs. full disclosure are two different things, from my little understanding.

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      02-09-2010, 04:29 PM   #62
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As others have said I'm sure it will all work out in the end - just don't give up...

Keep us updated!
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      02-09-2010, 04:37 PM   #63
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Question is - Did you lie on the insurance application. If not then go for them.
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      02-09-2010, 04:44 PM   #64
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Quote:
Originally Posted by bmw330dconv View Post
your not being out of order mate, and i didnt think this was a hugging group either, cant seem to recall asking anyone for any hugs lol

i know what you mean tho, the shit has hit the fan and now i gotta deal with it, i didnt mean to come across like a spoilt baby, its just that obviously this has put me and my family back with such a huge debt and it not only effects me but my dad too because my money is his money as we are a very tight family....but like u say gota pick myself up and get ready to boot the boot in.
I was just reacting to the negative update mate, trying to shake you up as they say.

Sounds like your on the tracks which we all want you to be now.

Key thing is always represent for what you believe. We live in such a world off bullshit where insurance and so on appears to operate above the law.

Some spotty fuck waving a policy document is no match for a well reasoned argument based on fact.

When I think back about how many times I've been screwed by services such as this I must have lost thousands. The truth is though that the world has moved too fast for home economics class to keep up.

I left school ten years ago this year and I can both sew an African kid some shorts and bake a pineapple upside down cake, but I can't for the life of me understand how the fuck my gas or electric bills are calculated and I'll be damned if anyone ever tried to teach me that insurance companies, mortgage protection and so on was to be taken carefull until it was much too late.

Trust me on this, you may be on the ropes but if your telling the truth and you can prove it then this becomes crystal clear.

Even if not, a solicitor MAY be able to argue that the actual owner etc has no bearing on the crime that was comitted against you. If your old man is old and considering what did happen - the insurance company should be understanding of why you took the car to sell. Irrespective of who is the main/named driver and so on.

I think a good brief will bend them over, line it up and give them a fucking roasting. Probably without lube.

Matt
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      02-09-2010, 04:47 PM   #65
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PS save the hugs for after you win. Mine is a pint.

Matt
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      02-09-2010, 05:02 PM   #66
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AFAIK any case submitted to an insurance co. can be referred to the ombudsman for arbritration, this is a very clear option for you. You need to find out about this immediately as well as have BMW insurance tell you in writing about the reasons that they will not pay out on the claim.

In the meantime start gathering evidence on how your father can clearly be interpreted to be the main driver of the car, write down journeys he regularly does and situations where he has been in the car that may be remembered by people. If he's paid for servicing or maintenance on a card then get that evidence and start compiling it. If he paid the deposit for the car (I think you said he did and then you pay the finance) then get evidence of this too, even if he transferred the money to you for you to pay the dealer you still need to get it.

Talk to a lawyer and see whether you should have been asked by the ins co. who's name the finance is in, IIRC all i ever get asked is who's the registered owner of the car - it's never about finance.

All of the above is simply what I would do in your situation and is not based on any legal experience but if you dont know what to do then at least make a start on that, and do it now!!!!

Keep your chin up buddy.
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