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oddball1000

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  1. I can assure you i have read all fifty four pages of my documents including ; General policy exceptions , which the insurance company explained covered by queries over my property . "not true " , there is no mention of "We will not pay for damage to your own property" anywhere. Apart from section C. It was the insurance company that first stated that under Section C Liability to Other People and Their Property was the section i needed to refer to. I have not just decided to read only one section as you wrongly assume and have read it all. In great detail Section C is theonly section that mentions "my property" and in that section are the points raised above . As such that makes it the only section to reference due to it being the only section including "my property" in my documents and the only reason the insurance company use it. My whole concern is "The wording of that section " That is what my argument is based on , in particular the words they choose to use . Why is my property mentioned in a clause under the heading Liability to Other People and Their Property and is not included anywhere else . You cannot disregard the use of my property if they have included it in section C with a condition attached of keeping to the terms and conditions of my agreement which i have . Also to show how i believe the section of my property should be included have a look in the documents i attached under the heading "We will not pay "where it states legal costs and expenses incurred without our written consent That means if i do not keep to the terms and conditions of my agreement they will not pay legal costs and expenses incurred without our written consent That means that if i seek their permission and it is granted , then they will pay the legal costs because i have kept to the terms and conditions of my agreement . That's how i interpret and may be wrong , i'm certainly no expert but have heard nothing that answers my points that i have made . As i say i believe it is the wording within the section that they have included . In your argument you mention the use of third party insurance as my reason for misunderstanding , I have fully comprehensive insurance and third party cover only is not included in the fifty four pages i don't think AXA even do third party only , the vast majority of insurances are cheaper these days to be fully comp .
  2. The point i am making is 1. It states that , they will not pay for loss or damage to the car covered in the policy . But they already have settled for my insured vehicle have you looked at my documents for the wording In a one hour conversation they refused to accept the word if and would not explain why they settled for the insured car but would not include my 2nd vehicle in the same argument on the same point of if
  3. Hi Connif, in answer to your previous question , My second vehicle is actually my main vehicle and not that old and is my bread and butter . It had just had a new turbo and egr valve done at a cost of over £1200 and was already booked in for an MOT when damaged occured. It passed its MOT no problem as the damage is only cosmetic .
  4. Another point , why does the insurance company not just state under no circumstances will we be liable to damage caused to your own property , instead the include my property in the section of liability to other people and their property . With the word if being a deciding factor . If , i keep to the terms and conditions they will pay If , i do not keep to the terms and conditions they will not pay
  5. Hi unclebulgaria67, my point is . This is the section the insurance company has used to deny the claim against my other vehicle This is the section the insurance company have stated in the section that they will not pay; for any loss or damage to the car covered by this policy But they have This is the section where the insurance company have included any loss or damage to my property with the condition that ; if i do not keep to the terms and conditions they will not pay . because i have kept to the terms and conditions they have paid for loss or damage to the car covered by this policy on the same basis should that include my property as the same condition of the word if applies Both conditions are in the same section one above the other , why can one be accepted and one declined under the same conditions
  6. Thanks for the reply Connif , in answering your reply i understand i'm not ; other people or a third party . But throughout the whole agreement this is the only section that includes my property in any claim and it is the insurance company that has included me in this section of ; Liability to Other People and Their Property, why would it state that i would not be covered for any loss or damage to the car covered by this section ,
  7. In Section C , Liability to Other People it states, We will not pay: for any liability if any person insured under this section does not keep to the terms exceptions and conditions of this policy in the attachments it shows the full two pages that cover this section and towards the bottom on the 2nd page it states anyone we insure under this section , if the claim relates to loss or damage to property that belongs to them ( either as owner or as joint owner) or is in their care any loss or damage to the car covered by this policy. My point now and argument is the if word in the above , if i have kept to the terms, exceptions and conditions of the policy under this section . Then does that mean that they admit they will pay. Also if it states above , under this section that they will not pay for any loss or damage to the car covered by this section if ido not keep to the terms etc. Why have they accepted the claim i made on my insured vehicle and paid out for it . Also at the beginning of the 3rd section on the 1st page it states , On the same basis that we cover you under this section . I suppose it is a case of if's or but's so which one is right and how would you interpret the above points to help me decide whether i should pursue the damage to my other vehicle. Thanks , hope someone could help or start a discussion
  8. Hi all , hope somebody can help. In October i reversed my car into another vehicle which also belongs to me , embarrassing to admit , believe me , i've had some stick over this not funny at all. Anyway , contacted my insurance Company who said that i could claim for the damage to my car that i was insured in with them but could not claim for the damage to my other vehicle because that was my own personal property and as such was not covered by my insurance within the Terms and Conditions of my policy under the section of Section C, Liability to Other People and Their Property. I had a quick look in the T&Cs and everything appeared to agree with what was explained so i did not push that claim any further and had the damage to my insured car sorted out with the Insurance Company . Over the Christmas period whilst having just 1 shandy in the pub , honest!!, we were talking and a friend said , heard about the accident you had and everyone started laughing . When things settled down we talked about it and queried why my other vehicle that was damaged was not able to be by my insurance , a few good points were raised as well as some stupid ones , one guy said , i'm sure a mates sisters boyfriends cousin 2nd removed drove his car into his garage doors and that was done on his insurance . Too much hassle to trace through Genes Reunited but some people believed i could be covered so decided to have a closer look at the Terms and Conditions section ,Liability to Other People and Their Property which includes the following .Struggling to attatch files so will add them below . Thanks [ATTACH=CONFIG]48571[/ATTACH] [ATTACH=CONFIG]48570[/ATTACH][ATTACH=CONFIG]48571[/ATTACH][ATTACH=CONFIG]48570[/ATTACH][ATTACH=CONFIG]48571[/ATTACH]
  9. Hi all, I had confirmation so had the day in work. I have sent a letter off regarding the fees and will post when i get a response or should i start a new post re- claiming back the fees.
  10. Thanks for the reply Lea_HTH , I had a very nice call from the mortgage company who opened by saying it was a courtesy call and was very polite considering everyone else i have dealt with has been arrogant and bullyish , anyway . She said that they have instructed their Solicitors to adjourn the hearing and i asked for it in writing to confirm they would not be attending on the day of the hearing , would it be a good idea to attend myself just in case or would a phone call to the Court confirm they would not be attending . I am now in the process of challenging the Charges , i have read a few posts already on CAG which will help to start , and thanks for the links above. Can anyone advise whether to keep it linked with this post or start a separate one and keep them separate. Many thanks
  11. Just to update , today i paid all the arrears due that relate to the claim made to the Court so nothing owing on those . I had another payment due for this month but did not have enough to pay that payment so i am technically back into arrears of 1 month although that was not included in the claim but would imagine they will argue that point. I have contacted them today and told them it was paid into the bank and they said once it shows on the system they will review things. They informed me that the £40 monthly fees charged total over £2400 and are included in the mortgage total given to the Court .
  12. Hi everyone , hope someone can help. I have a court appearance on Monday and need some help , i have arrears of less than £1000 and intend to pay them before the Court date . I believe this may stop repossession going through but understand its not guaranteed and i can also show that there is no problem with getting back to future payments being met . Just to say over the last couple of years i have had a little bit of that thing called depression , enough to cause my head to have a different outlook and think everything will just go away . That it certainly doesn't . Anyway what i need to find out is , What would be the safest way to ensure i can show a Judge the Order should not be given and keep my house. Another aspect is that the witness statement they produced includes the total on the mortgage with the added £40 administration fees whilst in arrears which they have included , this adds up to around £2500 in charges to which i have every intention of challenging . Should they be shown separatly from the Mortgage itself. So, could i or would it be the right time to attempt to have these dealt with at the hearing or would the Judge dismiss them as something that needs to be challenged separately . Hope you can help Thanks
  13. Hi all , Nearly finished my Request for information and will post for your advice as whether it's OK . Just to let you know , for some reason I have received an amended witness statement from their Solicitors which is very similar to the supplementary witness statement but omits a fair amount of what was in the Supplementary and they have changed the heading from supplementary witness statement , to plain witness statement . All seems irrelevant as to why I have received it because the hearing has already taken place . Makes me wonder the reasons for making the changes they have made and if there are consequences . Could it be the Supplementary had more mistakes and cockups in it , and shows sums which drop them in deep **** because it contradicts whats been stated in their POC . I will scan and post for your opinion . I'll post it later , just gotta nip out Thanks
  14. Hi wannabe , used their Supplementary against them and used part of it as an excuse to put in a partial defence showing more errors and managed to incude my bank statements to back me up and show i was in credit at time of default notice. I was told by the Judge to contact CVF's solicitors and request the info i needed to put in a full defence. There was no mention of repleading Is there a set procedure for requesting information from a solicitor Thanks wannabe
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