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OT court or onbudsman?

i tried posting on a legal advice group but never showed up.

here it is in full.but also, i will have to get the VW retested, how much is it to get the V5 back, as they wanted it before they would pay me...and i need a VIC check, so want to claim it back..thanks

Also not got the gearbox off the Starcraft yet, hoping so soon!

cheers in advance!

Hi all....

Will try to keep it simple, and easy to follow :-)

beginning of year, brought a German VW over from Berlin..

In Apr had it MOT (flew threw) next day, DVLA to get UK license plate etc....next day hit by a drunk driver 4x over limit (citylink del driver, so he was insured etc and addmitted it)...and 2 days later the UK license plate etc turned up!

Anyway, i had it inspected early in the year here, by a VW specialist, who gave me a value for what to insure it, i had no idead, esp as it was German, so no salt on roads etc and never welded or replaced panels. i was to get it agreed value (but told to wait until got a UK license, sods law accident

2 days before that was possible)

local rag article

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they came to a couple offers, that i rejected (had to accept paymenton 2nd offer, but not as full and final) The damage was to the passenger door and sliding door and panel inbetween, not structoral etc and both doors open/close fine...since just about the 1st fone call, and written stuff i put RETAIN THE SALVAGE.

As it was drivable, and didnt want it scrapped...was a v v v solid van.

Anyway...it came back last week, i used it for a couple of days, then broke down (i had a good look around and inside, it had been covered in mud from being driven fast)

when no fuel was going to the pump i looked underneath and noticed 2 huge scrapes, a dented fuel tank (so the fuel wouldnt go over unless almost full) and at the back, crushing to the cooling water pipes front to rear, it was obvious that the VW had been picked up with a fork lift...

Again i got my VW guy to look and write me a report, he stated how it happend (im taking fotos ) and how much to repair and replace, 620quid in total...

spoke to NIG (my broker adrian flux were useless from day 1) at first they offerd me half of the £150 (10% of total value) towards fixing it, i said no....they called me some time later and said we will waive the total £150...i said no...

I have a dispute with them (as my van was valued at 4500, first offer was

500 as your van is SHIT i was told over the fone, then increased to 1500), they have decided today to raise it to 1700...so sending me a cheque for 350, which i said does not cover the full and final and towards repairs...they accepted that

They said it had gone to the scrap yard as they didnt expect me to want it back...which i said i have copies of letters stating RETAIN THE SALVAGE from almost the start.

They said they wont increase it, and admitted the scrap yard would have used the forklift...

now do i wait and deal with the onbudman (i am doing that, once they have dealt with my complaint over the low value offerd..i was told i had to let them try to put it right frst)

or do i goto the smal claims court with the fotos, letter from VW guy etc..

I cant afford to fix it with my own cash, then wait for a outcome...

I didnt have much luck i went to the small claims court, as some of you will remember from months ago, when i took the local housing to court, for damage to my items etc when they had contracted workman in, and i lost and got a big court costs to pay, becuase i didnt use the word vicarious liability..im waiting for them to take me back to court for not paying that..so i can use that term.

Anyway...hope someone can offer some advice, as the hire motorhome arranged by the ins co. got graffited outside my house (after the date they arranged to collect it), and i got a old camper off ebay with the cheque they sent, so i could take our lass away as planned...and the gearbox failed on the way home with it...so not had much luck recently!! :-)

Reply to
Jules
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My brother had problems with low offers on a write off a few years ago, it was a 2CV that had been torched.

The insurance ombusdman sorted it out very quickly.

Mike P

Reply to
Mike P

thanks Mike, someone who worked for a ins co, said either way, if the onbudsman investigate, it costs the ins co 450 quid...

Reply to
Jules

Yes, the Insurance ombudsman seems to be like the local tax office - *MUCH* more helpful than you could ever expect...

The insurance companies probably think the ombudsman is a c**t.

Mike P

Reply to
Mike P

yeah the guy also said they hate the onbudsman!

ok so the OB can sort out the value of my camper, maybe...BUT can they sort out the damage caused by the fork lift? or must i go to the courts for that...my brain isnt working right, not slept since yesterday with tremendous back ache....as i forgot to ask all week, how do i remove the sticker residue from the fibreglass Starfraft?

I tried enamel thinners, it worked but i have sodding what seems like miles of it and it took a whole day just to do a small bit....not sure what will get it off quick, and not damage the fibreglass

Reply to
Jules

I would be inclined to demand full value of another camper in equivalent condition, and let them keep yours - it could be a lot of work to repair it properly. OTOH if you want to repair it, you want money to the full value of repairs of their damage and the original accident damage. I would suggest getting an expert in (ie, an insurance assessor or bodyshop estimator).

Reply to
Doki

i bought it back as it was just the doors and small panels dented, they did say total cost to repair was over 3k, well over IIRC. not surprising with labour costs etc.

i didnt want to see it scrapped, esp as its never been welded and sold, seen many with rotten and rust panels, esp hidden behind

It was drivable with the doors dented, as they opened and shut fine and could get them quite easy 2nd hand.

Reply to
Jules

Oh right. I couldn't really make head nor tail of your original post to be honest.

Reply to
Doki

IANAL

Not sure which legal group you tried, but try...

uk.legal uk.legal.moderated (the post may take a while to appear)

It sounds to me like they scrapyard the insurance company sent it to - despite you telling them not to - have a problem with the insurance company, rather than you.

The insurance company, but not following your instructions have failed in their duty of care, which has lead to further losses that they should repair at their expense (which you know anyway), and you might have a further claim for compensation for loss of use against the insurance company due to the additional damage.

I think the sums involved would likely exceed what you can claim in small claims...

Have you got any legal cover, either on the vehicle that was damaged, or on your household insurance by any chance ? - might be worth a quick call to get their opinion !

Reply to
Colin Wilson

The usual advice is either a citrus based cleaner or to let something oily soak into it - baby oil and WD-40 have both been mentioned...

Don't use acetone on fibreglass.

I'm not sure there is a *quick* solution. Maybe get a bigger sticker to pout over the top? ;-)

Reply to
PCPaul

sorry have dyslexia, i tried to keep it simple.but failed :-)

here is the origonal damage

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Reply to
Jules

yes thats the one i tried, usualy my posts appear in a few hours but not this time

they offerd me half the buy back cost, £75 at first which i turned down, then the full amount as a goodwill gesture

and you might

had it inspected and cost to repair the fuel tank and cooland pipes etc. total of 620

i had legal cover on the van, as a solicitor is recovering costs, whiplash for me and our lass and bruised shouldes. dont have household ins.

Reply to
Jules

hehe thanks, the previous owner was a mad country and western fan, so many eagle huge stickers and others...some of the glue wasnt too bad...some just wont shift.

Reply to
Jules

"Colin Wilson" wrote in message news: snipped-for-privacy@news.motzarella.org...

That's a good one, there are one or two experts (easy to identify) who may give you some sound advise. All the normal stupid nutters too, so cue the usual, 'Buy and easy jet ticket, don't bother with camper vans' etc etc!

Julian.

Reply to
Julian

wrote

ok will post on that, i read it, but often its full of waffle...so i should fit right in then! ta

Reply to
Jules

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