Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver

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Thu 28 Aug 2014 00:52
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt
Hello John,

I was involved in a car accident while my car was parked at supermarket I was not in the car, and when I got out from the supermarket I noticed damage to my car, a woman came from behind me saying it was me! We exchanged insurance policy details and got on our way. After I contacted my insurance company my policy was comprehensive and included curtesy car and protected no claim bonus. This was my first no fault claim in 6 years! I was pretty much shafted to call this number, the insurance forwarded my details to. They said if i want my no claim affected I must go this way, I asked about a curtesy car and they told me when I call this number they will arrange a replacement car for me.
As it turns out it was this accident management firm I didn't know at the time who these guys were I believed part of my insurance company? Apparently I signed myself to the devil. Yes they arranged a replacement car while the repairs were being done and I returned the car the same day my car was returned to me. The car wasn't of higher value or anything. There was no problem however now this firm hired another company that is to recover the cost for the hire car as the faulty party's company is refusing to pay! Now I received a letter where they want my bank statements etc. and obviously I am not happy about it as they are to be going through my financial affairs. I feel this is terrible to treat innocent motorist like this. I didn't know i should have hired my own car I mean why should I? I was insured and so obviously in no fault! Now they are telling me my insurance company is out of the picture? They are saying if I don't cooperate I may be liable for the costs? This amounts to extortion! Can you tell me what are my options please? I wish this nightmare ends soon!
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Thu 28 Aug 2014 11:21
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - Cris_on_the_gas

If a third party damages your car and you are no way at fault it it nearly always best just to pursue the third party or their insurance company for your loss and not involve your Insurance Co. However you have chosen the later route. You nevertheless have a duty to mitigate your loss. So some important questions:

How much damage was done to your car, was it drivable afterwards ?

How long did you have the replacement car ?

What was the daily hire charge or total cost of hire ?

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Thu 28 Aug 2014 16:47
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt

Hi, thanks for your reply. No, my insurance company is not in the picture, it's the latter company that is now after me or the hire company. I don't really know. To be perfectly honest, yes my car was drivable but only had the hire car while my car was away in repair. They argued about the extend of repair they were going to do to my car...this took up to 30 days, so I had the hire car for 30 days and returned it on the same day my car was returned to me. I have no idea what was the daily charge??

I don't understand why I am being dragged through this legal hassle as no fault party??

This is so wrong and needs to be stopped. This amounts to extortion!

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Thu 28 Aug 2014 19:41
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - dacouch

The reason you're being asked for bank statements is that a valid defence against credit hire charges (Which are very very expensive) is if the policyholder is of sufficient financial standing to be able to have afforded to go to a normal car hire company and finance the costs themselves.

This is why they're asking for your bank statements to see if you could have afforded to hire a normal car out of your own funds.

You've signed a credit agreement for the hire car, part of the forms you signed stated you would assist the hire company should they need to take the case to court which is what they're on the verge of doing. Although most cases tend to be settled just before court.

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Fri 29 Aug 2014 14:02
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt
I understand but why should I hire my own car when I had a curtesy car cover through my car insurance? I was not aware what I am getting into. i also didn't arrange this car they did! If I knew I would have never signed these documents. As I said whats the point of paying insurance when even as a no fault party you end up in this mess? And I have never hired car before how do you do that? I thought this hire car was a curtesy car! So what am I to do now? I still think this is very wrong! People needs to get aware of this scam so they don't end up like me! I suffer from anxiety and cant even go to certain shops not to mention hire a car I would just do without.
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Fri 29 Aug 2014 14:04
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt
Also why didn't they asked for this information at the time of hire? Why now? This is a trap!
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Fri 29 Aug 2014 16:06
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - Cris_on_the_gas

I understand but why should I hire my own car when I had a curtesy car cover through my car insurance?

But you also said earlier " Hi, thanks for your reply. No, my insurance company is not in the picture.

Sorry don't follow this one !

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Fri 29 Aug 2014 17:19
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - Bromptonaut

This sort of issue has been covered on BBC Radio 4 Money Box, there may be something on programmes website.

I'm struggling to understand the sequence o events in the OP. If the insurer refferred you to the claims management company then surely the insurer bears some responsibility for sorting it out if it's now gone mamms up?

Otherwisee I suggest garnering together all paperwork and seekin help ffrom CAB or a lawywer.

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Fri 29 Aug 2014 19:17
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt

Thanks I will check BBC website! I agree the insurance got me into this. This managment firm or so was their idea. They must have a contract between each other. I had no idea what was I getting into. They are trying to tell me that because I signed a contract with them now insurance is out of the picture. But yes they just said call this number. They were trying to get out of the responsibility for the repair and technically tricked me into it by saying if you want to have a NCB intact you have to leave us out of it. Now I dont' know why I pay insurance then. Thanks for your advice I have already been in CAB and they can't help saying this is a matter for a solicitor. Unfortunately a lawyer is saying I am already being represented by those guys that want all my financial info from me, those arranged again by this accident management company. He pretty much had no clue either about all this. I am going to another solicitor but I feel this will be the same story. So I am stuck. I need a solicitor that has already dealt with a case like this and can actually help.

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Fri 29 Aug 2014 19:23
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt

That's what I've been told that they are out of the picture but I think they are not, cause I paid them not the latter guys and they were supposed to provide me with a curtesy car therefore they have defaulted on their obligations!!

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Fri 29 Aug 2014 19:58
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt

On this website about credit hire: questions regarding means, payslips, bank statements adn credit card bills.

John says 'my view is your means are irrelevant in almost all cases! Contact me via ask Lucy, if you wish me to consider your case in detail. - How do I do that?

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Fri 29 Aug 2014 20:39
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - dacouch

The reason why (If you can afford it) you should fund the hire of your own car is because you have a duty to mitigate your losses under civil law (Keep your costs reasonable). If you could have afforded to pay for a hire car youself (Which would have been a small fraction of what the claims company are trying to charge the other Insurer) then the other Insurer can fight the claim on this basis and reduce the payment to what they would have paid.

Credit Hire companies are used to disputes and generally if you assist them in the claim (Which you have signed to agree you will) then they shoulder the losses if they lose in court.

The agreement you signed will normally make you liable for their entire costs if you do not assist them with the claim.

Obviously the credit hire company should point out the responsibilities that you're agreeing to when signing the contract / credit agreement.

Bear in mind the credit hire company paid your own Insurer circa £300 in commission for passing you over for a credit hire. The profits for the credit hire company are very high so they pay good commission.

Do you know how much the credit hire car cost? If not what car (Make & model & engine size) is your own car as the costs can be looked up.

You have the option of making an "Official Complaint" to your own Insurer about the way they have acted and they are obliged to properly investigate the matter and report back to you within eight weeks.

Is your Insurer Admiral or one of their group of companies?

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Fri 29 Aug 2014 21:27
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt

Hi, thanks a lot for advice. I am planning to complain also to Ombudsman. My insurer was Covea via Sheilas Wheels broker. I wish I had never went with them. Needless to say I am no longer with them. So they got paid by this accident management firm more than I paid for my insurance. I see now, they have a nice little earner. I see why they didn't want to get involved in fixing my car themselves!

Currently I am with Esure and I am never again using Accident management firm with a credit hire car again. But you learn as you go. As I said i had no idea, I was just told call this number if you want to retain your no claim bonus. You don't question it, you trust your insurance company. A big mistake! It all happened very quickly.

I find telephone conversations stressful and you just don't ask the right questions as you have no experience with this. All these legal terms credit hire, courtesy car, you just think it's all the same. Now I know better. Thanks again for all your support.

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Fri 29 Aug 2014 21:42
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt

I think the cost is about 3k, my car was 1.3 mitusbishi colt and the hire car was 1.4 Hyundai i30. I think it was roughly the same. As I said I wouldn't hire a car as I don't know how to go about it and again I thought this was a courtesy car.

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Fri 29 Aug 2014 22:16
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - dacouch

From that figure I guess you had the hire car for about 2 or 3 months which is a long time to repair a car damaged in a car park accident.

When a credit hire company is involved and they also have an influence over the repairs to the car it always seemx to take a lot longer.

I can't think why

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Fri 29 Aug 2014 22:26
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - gordonbennet

It's little wonder insurance is so expensive, a month for a supermarket car park tap.

Ridiculous.

Shame of it all is that in a previous life, when more people of this country had an ounce of common sense and decency and honour about them, something like this would have been sorted out amicably, the person at faulty would pay for the probably minimal damage (probaly sorted in 2 days flat, cheap courtesy car @ £30 a day if that) either out of their own pocket or via a simple third party claim...and a simple third party claim is exactly what our OP should have done instead of geeting involved in this t osh.

Edited by gordonbennet on 29/08/2014 at 22:27

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Fri 29 Aug 2014 23:08
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - dacouch

More like 2 or 3 months as the credit hire rate for that car would be about £40 a day and the OP thinks the bill is £3k

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Sat 30 Aug 2014 06:29
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - gordonbennet

More like 2 or 3 months as the credit hire rate for that car would be about £40 a day and the OP thinks the bill is £3k

from one of the above posts

''They argued about the extend of repair they were going to do to my car...this took up to 30 days, so I had the hire car for 30 days and returned it on the same day my car was returned to me. I have no idea what was the daily charge??''

I believe credit hire charges are far more than £40 a day, expect more in the region of £100+

I don't blame the third party's insurer one bit refusing to pay up for this, the whole thing stinks to me, a car park shunt should be fixed within a few days at worse case.

The third party insurer would have i'm sure contacted the OP to try and sort things on a more reasonable basis, would have been better for OP had they listened.

I don't think the accident management mob are trying to get the OP to pay the hire charges, yet, but it's quite possible such a bill could be forthcoming especially if the OP doesn't now assist them as requested...no doubt all this is in the agreement the OP signed off.

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Sat 30 Aug 2014 08:37
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - dacouch

Sorry I missed that.

If the car was hired for 30 days then I doubt the bill was for £3000 as the daily hire rate would be circa £40.

Assuming the Hire Company are sign up to the ABI agreement (Most are) then there are limits to the daily amount.

You can look them up here

apps.abi.org.uk/tphire/

Edited by dacouch on 30/08/2014 at 08:37

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Sat 30 Aug 2014 10:22
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt
I believe the 3k probably include the car repair? I am pretty sure the car was with me only about a month it wasn't over 30 days for sure, yes it was expected to be repaired within two weeks. They argued about the extend as they only were to fix the front passenger side bumper not the deep scratches and dent in the door. Which was far more significant damage.
Well what does cooperation means, does it mean you dance as they sing cant you argue the case. I have been cooperating until now but feel my finances are irrelevant at this time. They should have checked for it before the time of hire. Again i believed this was a curtesy car not a hire car. And considering I was a no fault party you just feel you should get a car. I didn't know you should go directly to the fault party insurance when you are insured yourself. What do I pay my insurance for if they just try to get out of the responsibility like this.
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Sat 30 Aug 2014 10:49
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - dacouch

Do you have a copy of the contract you signed?

If so what does it say about cooperation?

If you've signed a contract agreeing to assist them in the court case then unless you can find fault with the contract then you'll need to cooperate or pay their losses yourself.

Note the other Insurer will generally not find fault with the repair costs as this is generally carried out to industry standard. If you did not cooperate on the hire costs, the other party may pay the "spot rate" eg the cost you could have hired at from a normal car hire company by financing it yourself so you may not be liable for the full hire costs but that depends on the contract and whether they actually recover the spot costs

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Sat 30 Aug 2014 12:49
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt
No I don't have a copy of the contract, this was a year ago and I did not keep it. They contacted me just in May saying there is a problem with recovering the costs. I don't really got a copy, they just asked to sign it and send back.
I am in a big mess I see. But I didn't arrange the hire car they did so why I am liable?
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Sat 30 Aug 2014 12:51
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt
It said that if I cooperate I wont be charged. So I guess I must cooperate then.
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Sat 30 Aug 2014 15:43
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - dacouch

You can request a copy of the contract.

To cooperate you need to send a copy of the documents they've requested.

These cases rarely actually end up in court as it costs money so a settlement is normally reached before it reaches court.

Most do not make you liable if you cooperate so if they don't recover their costs you do not have to pay

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Sat 30 Aug 2014 19:57
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt

I see I will ask for a copy but as for cooperation this will be tricky because I don't have the documentation anymore it's been a year ago.

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Sat 30 Aug 2014 22:18
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt
She may have hit me on purpose. The damage wasn't exactly minor. Something stinks in this whole scenario.
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Tue 2 Sep 2014 13:24
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - dieselnut

I feel very sorry for your predicament, but if you don't cooperate with this scumbag company you will end up paying for most of the car hire costs yourself.

Forget about conspiracy theories ( She may have hit me on purpose ).

Just supply them with the documents they have requested. It might mean contacting your Bank/ Building society for copies, but so be it.

I've read similar stories on here as well as other web sites & as long as you cooperate you will probably come out of this without being out of pocket.

You will also be a lot wiser & have educated everyone who reads this.

Best of luck & let us know how it goes.

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Tue 2 Sep 2014 19:22
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt

Yes, it maybe just a coincidence her last name is the same name as the director of the solicitor's firm.

In reality I don't need to supply this evidence until the judge ask me to do so. The Data protection act prohibits them to seek this information without my specific permission.

This will have to go to court as it seems.

Thanks for everything.

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Tue 2 Sep 2014 19:50
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - dacouch

If you decide to allow it to go to court before you cooperate, they will be looking for you to pay the costs of the court case as if you cooperated before the court case (As you've agreed) it would (Normally) have avoided the court costs.

If they lose the court case due to your action, there's also the chance you'll be lumbered with the hire costs as well

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Tue 2 Sep 2014 20:34
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - Bromptonaut

I re-iterate my previous advice; the OP needs to seek advice from CAB or a Solicitor.

Some experience of this sort of civil dispute and lots more with cases where citizen is in dispute with state. Conspiracy is vanishingly rare; cock up/co-incidence is commonplace.

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Wed 3 Sep 2014 10:49
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - dieselnut

"In reality I don't need to supply this evidence until the judge ask me to do so."

That is not the case.

You signed a contract with this company a year ago ( which you don't have a copy of ).

The comtract will have stated that if needed, you will supply them with the nescessary documents they request.

If you don't supply them NOW & it goes to court you will almost certainly have extra costs to pay. These will have beeb outlined in the contract you signed.

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Thu 4 Sep 2014 17:00
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt

Yes, but considering that I was under duress this will change things. Also I don't understand half of the conversation on the phone.

I have already been in CAB and two solicitors and none are familiar with these issues.

As I said, I did not sign anything voluntarily, I was made to do so by my insurance company who should have provided me with courtesy car without any threats. I have already complained to the insurance company in question and the Ombudsmen.

As I said nobody keeps contracts for a year. This matter should have been resolved a lot time ago and I believed it was.

Besides if they tell me kill your next door neighbour doens't mean you are goiing to do so. As an unemployed I won't be able to pay anything anyway.

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Thu 4 Sep 2014 19:42
Mitsubishi Colt 3-door cz2 - Credit car hire nightmare - no fault driver - mitzycolt

It's being resolved as we speak.

I just wanted to warn people not to enter into any of these contracts.

When accident is not of your fault you shouldn't be going through this amount of stress.

Thank you all for your support.

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