Changed windscreen by insurer damaged

[BankFodder]

well, whose advice do you want to follow?

Theirs or ours?

 

 

 

 

[MOSS 41]

Just don’t want it to be a defence to a

court claim - that they weren’t allowed opportunity - just trying to cover all bases 

 

as far as I’m concerned -

car is damaged -

needs to be fixed by them

irrespective of investigation -it’s their responsibility to fix my car - just trying to take the correct steps 

[BankFodder]

Your summary is correct. We are advising you as to the correct steps that if you prefer to follow their advice then please do go ahead.

[MOSS 41]

here is my draft LBA

does it look ok?

 

im obviously awaiting some figures i shall get today

hastings LBA CAG.pdf

[BankFodder]

I have a look through all of it but the first thing that hits me is that you have written for pages.

You've gone through an entire chronology of what has happened. Don't they know this already?

[MOSS 41]

yes they do-

i thought it was worth doing as it explains why im claiming (what got me to this stage) what evidence i hold

 

and maybe goes to a different dept ? who isnt going to go through the whole case file probably and just read letter in isolation

[BankFodder]

I think they are more likely to read through the file if you send them a scant letter of claim.

 

Quote

Dear Sir/Mdm

Reference number XXX

As you know, on XXX date, installers instructed by you to replace my windscreen cause substantial damage.

Despite the fact that this was brought your attention on XXX date, you have taken no action whatsoever other then very recently you have announced that you are carrying out an investigation and you require eight weeks.

This is unacceptable. I am unable to use my vehicle and I am unable to sell it because of the diminished value caused by the poor workmanship of your contractors.

I have already informed you that I am seeking estimates for the work. These have already been provided to you but I am attaching them again for your information.

I'm writing to let you know that this is gone on far too long and time is of the essence.

If you wish to have the car inspected independently then please arrange an appointment but in any event, unless I get full reimbursement of £XXX within 14 days then I will begin an action against you in the County Court and without further notice.

Yours faithfully

 

Have a look at that and see if it is accurate. Correct what is necessary and post the completed draft here.

[MOSS 41]

will hang fire a second , suzuki have agreed to take in tomorrow and do comprehensive report 

and lift carpets dash etc, for flood damage when it was under two/three  inches of water for a week when first installer chap, trapped locator pin and water ran down front of my windscreen on inside  (admitted by installer and two videos) as car still condensates and is a little smelly

 

they said , there may be rust, corroded parts , airbags maybe affected etc 

they will also type up about the headliner damage as they said photos i sent are such sloppy damage thats happened

 

prob is now keeping this claim under 10K

 

 

 

 

 

[MOSS 41]

Still awaiting water damage video -

it’s being done Monday,

but Early indications, seem to point to no water damage 

 

 

so update is 

still no response to

complaint by Hastings due by Monday for 8 weeks 

 

but been contacted today from hoopers to say they have been asked to independently

assess vehicle, but trust pilot reviews are awful and says they are not independent 

 

my main question is about evidence 

 

so I have 

 

videos of water coming in car from first screen fitting , cctv of fitter flicking black primer and Mastic on bonnet and trying to clean off , cctv of fitters admitting it’s still whistling and parts snapped off windscreen on last visit 

and photos of headliner damage 

 

so if assessor comes out and says nothing wrong or damage not made by the fitters or fault insurance , and I inform him on cctv camera (what evidence I hold before he starts) then Surely he would be committing a fraud 

 

just trying to prepare for them trying to wiggle out of it 

 

I mean I’ve sent all the concrete evidence

so why do they need another assessment ? 

 

 

 

[BankFodder]

You are right to prepare yourself for a defensive posture from them – but you should give up the idea of alleging fraud. It really has nothing to do with it. It's extremely complicated and needs very heavy evidence and it will simply undermine any credibility you have.

Go along with the extra assessment. See what it says

[MOSS 41]

Ok- should I watch assessor do inspection and should I casually drop in conversation that I hold all this cctv evidence ? 

 

 

or keep quiet ? 

[BankFodder]

By all means you can watch the assessor but I certainly wouldn't allow the assessor to know what you have.

If you have got evidence which later on undermines or places question marks over the report then the time to reveal the existence of that evidence is after the report.

Why do you want to give them advance warning of what you have?

[MOSS 41]

I was maybe thinking , if he knew he would write report accurately - and insurers would deal with and fix 

 

rather than do a

standard denial type report , to get out of it 

which I then completely challenge with the cctv and prolong the agony of this drama 

 

I never thought dealing with an insurance

company would be this bad when evidence is so complete 

 

but I see what you are saying ,

ill

just point out the damage and see what he comes back with 

[BankFodder]

My own view is that that the wrong approach

[MOSS 41]

so 8 weeks has passed, this 'hoopers' arent responding to booking emails they instructed me to use as communication,

so cant yet organise their review. Hastings dont respond anymore either, i've tried to involve suzuki finance too as its 'their' car, but they dont seem interested unless it was a total loss, and said cant help

 

i want to start the court action, as ive just had enough

 

to clarify

1)i claim as an individual against Hastings Direct of Hastings Insurance Services ltd

2) i claim under consumer rights act ? breach of contract?? as the legal basis?

3)what i claim for is costs to repair i have quotes for ? or performance of contract to force to repair car

4)i claim diminuition of value? is this based on evidence or 10% rule (as car was less than one year old when damaged)

 

thanks for help