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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > UK > Insurance not paying out - Screwed for the next 4 years, life is over



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      02-12-2010, 10:51 AM   #133
dxb335d
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Quote:
Originally Posted by xenon View Post
You guys are mixing up criminal law and civil law as I said earlier. Forget all this "innocent until proven guilty" stuff, it's not relevant.
What he said ^^^^^
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      02-12-2010, 10:54 AM   #134
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In a Civil court the judgement is made on the basis of probability rather than the Criminal Courts basis of proven beyond reasonable doubt. If they can show that in all probability he fronted that policy they will win the case.
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      02-12-2010, 10:54 AM   #135
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The OP said he was not the main driver but he was the one selling the car, he was the one meeting the fellow to sell it. If I was listed as a second driver on my parents car, and the car was for sale, I wouldn't be the one selling the car, that would be my father. I agree, its ok for the OP to dodge and get cheaper rates by deceiving the company but then not ok for them to sniff it out and not pay out.
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      02-12-2010, 10:57 AM   #136
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all this innocent till proven guilty malarkey is all very well, but they have the money and he doesnt and if he goes the legal route he wont get it for some time even if he successfully argues his case.

probably seemed a good idea at the time, not so much so now.

Lets all learn from other's mistakes not our own.
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      02-12-2010, 10:58 AM   #137
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Quote:
Originally Posted by Teutonicdriver View Post
In a Civil court the judgement is made on the basis of probability rather than the Criminal Courts basis of proven beyond reasonable doubt. If they can show that in all probability he fronted that policy they will win the case.
Correct, and was the point I was attempting to make.
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      02-12-2010, 11:03 AM   #138
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Ah well, maybe he will be starting a similar thread on the Corsa Forum next year.
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      02-12-2010, 11:09 AM   #139
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Quote:
Originally Posted by Teutonicdriver View Post
Ah well, maybe he will be starting a similar thread on the Corsa Forum next year.


Poor guy, hopefully we will hear from him soon and he will clear this up. I hope for his sake he's been honest with the insurance company (and us) and gets his money back.
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      02-12-2010, 11:10 AM   #140
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Small question.

Never having tried to sell a car in the UK when I have had a 25k outstanding loan on it.

How does it work, when he is selling "his" car to a third party with that outstanding loan/finance. Is that flagged up when you do an HPI on it ?

Or is that only dealer loans/finance ?

D.
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      02-12-2010, 11:16 AM   #141
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When I've done this (sold my 335i privately with outstanding BMW finance on it) the buyer TT'd the money over to my account. Arrived first thing, checked the car over, called the bank and it was done. Can take a few hours to physically clear through the system so you either trust them or wait until your bank has confirmed it's there. You then TT the money to the finance company who confirm it's their a couple of hours later. Or the buyer can simply transfer the cash directly to the finance company to speed things up. There is always an element of trust going on. Who's to say he drives off in the car and you never clear the finance; could get messy but I suppose only for the person who's name the finance is in.
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      02-12-2010, 11:19 AM   #142
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Quote:
Originally Posted by rogerxp View Post
but I suppose only for the person who's name the finance is in.
And the "owner" of the new car - if it still belongs to the finance company because you didn't settle the outstanding finance then he's not the legal owner no matter what he's paid to you.
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      02-12-2010, 11:31 AM   #143
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The OP posted this shortly after buying his car when talking about insurance.........
"I am with BMW Insurance - 24 yrs old with a 6 month ban"

And there rests our case your honour

Last edited by Teutonicdriver; 02-12-2010 at 11:59 AM.
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      02-12-2010, 11:38 AM   #144
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      02-12-2010, 11:44 AM   #145
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Quote:
Originally Posted by Teutonicdriver View Post
The OP posted this shortly after buying his car when asking about insurance.........
"I am with BMW Insurance - 24 yrs old with a 6 month ban"

And there rests our case your honour
and what does that mean then? Im confused.
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      02-12-2010, 11:45 AM   #146
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Quote:
Originally Posted by dxb335d View Post
and what does that mean then? Im confused.
Have you read the whole thread Carl?
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      02-12-2010, 11:46 AM   #147
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Yes Ian, can't see what the OP said about insurance when he first joined is relevant?!
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      02-12-2010, 11:48 AM   #148
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It means that as a young bloke with a previous ban his insurance on a BMW would have been horrendous. Hence, looks more likely it would have been fronted.
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      02-12-2010, 11:49 AM   #149
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Oh ok, got ya.

So your implying it was fronted, without any real confirmation?!

OK got ya.
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      02-12-2010, 11:58 AM   #150
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Quote:
Originally Posted by dxb335d View Post
Oh ok, got ya.

So your implying it was fronted, without any real confirmation?!

OK got ya.
No implication, just an indication of the sort of thing that any insurance company would use to show the likelihood that the policy may have been fronted.
Its gonna be an uphill battle for the young chap.
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      02-12-2010, 12:00 PM   #151
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...and as has been said, balance of probability is the issue. Hopefully the OP can dig up something to demonstrate that was not the case.
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      02-12-2010, 12:35 PM   #152
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Quote:
Originally Posted by Teutonicdriver View Post
No implication, just an indication of the sort of thing that any insurance company would use to show the likelihood that the policy may have been fronted.
Its gonna be an uphill battle for the young chap.
The father's RAV 4 won't do him any favours either.

It's certainly going to be a tough fight, if he's going to take it on.
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      02-12-2010, 01:30 PM   #153
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Can he sell a car he is not the registered owner of?
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      02-12-2010, 01:35 PM   #154
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Quote:
Originally Posted by Irnbrukid View Post
Can he sell a car he is not the registered owner of?
He can sell it on behalf of his dad I suppose.
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