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chalky
 


Member Since: 21 Aug 2008
Location: Yorkshire
Posts: 3145

England 2007 Discovery 3 TDV6 XS Manual Tonga GreenDiscovery 3
Legal Help Required

Hi,
well its D3 related kind of but its a long story, i will try and keep it short

At 8 O Clock tonight i had a Knock on the door, an investigator working on behalf of Accident exchange paid me a Visit to inform me that a Discovery 3 that i had In Jan 2006 for 15 Days following an accident needed paying for and that they were taking me to court to reclaim the funds ?

The Polish lorry driver that hit me was neither insured nor licensed to drive an HGV so no claim has been made against him it all lays with me as i apparantly signed a credit agreement NOT a rental agreement that states that i will pay the charge if no claim is brought about from a third party ? none of this information was made available to me nor was i made aware that i had entered into a credit agreement.

I refused to sign anything and the investigator left with his parting shot of "We will see you in court and you will get blacklisted, criminal record etc etc"

I,m just wanting to know really if anyone knows anything about this sort of thing before i speak to a solicitor tomorrow ?

in anticipation Thanks,
 Only dead fish go with the Flow !  
Post #86271823rd Nov 2011 10:16 pm
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DG
Site Moderator 


Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50978

Wales 

Surely your insurer should have had a claim at the time against the MIB uninsured driver agreement Confused

http://www.mib.org.uk/Customer+Services/en...efault.htm
 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021  
Post #86272223rd Nov 2011 10:22 pm
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BBDisco3
 


Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3646

United Kingdom 

Who put you in touch with Accident Exchange originally - Your garage, Insurance Broker, Insurer ?

There have been many of these cases cropping up.
  
Post #86272923rd Nov 2011 10:32 pm
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John C
 


Member Since: 28 Aug 2007
Location: East Yorkshire
Posts: 3292

United Kingdom 2006 Discovery 3 TDV6 SE Auto Cairns BlueDiscovery 3

Email Honest John Thumbs Up Honestjohn.co.uk
 2020 SDV6 D5 HSE, Carpathian Grey +
2022 Tesla Model Y LR... almost Carpathian Grey
Previously : 2005 TDV6 SE Auto, Cairns Blue (288K) - ours for 16 years 
 
Post #86273423rd Nov 2011 10:41 pm
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chalky
 


Member Since: 21 Aug 2008
Location: Yorkshire
Posts: 3145

England 2007 Discovery 3 TDV6 XS Manual Tonga GreenDiscovery 3

DG, My insurers as far as i can remember were not paid out ? i seem to remember sorting out something with them in relation to the MIB ? so maybe they were recompensed,

BBDisco3, My Defender went to a Land Rover Authorised repair centre and they instigated the replacement car, i did have the cover on my policy though for a replacement vehicle, it seems a bit odd that nearly Six years later that i should get a knock at the door about an accident which i thought had been settled.

Telling me i owe them £2,798 ! sign here or go to court and pay it monthly ?

Strange.
 Only dead fish go with the Flow !  
Post #86273523rd Nov 2011 10:42 pm
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chalky
 


Member Since: 21 Aug 2008
Location: Yorkshire
Posts: 3145

England 2007 Discovery 3 TDV6 XS Manual Tonga GreenDiscovery 3

Thumbs Up

Thanks John C

Your not him are you Whistle
 Only dead fish go with the Flow !  
Post #86273723rd Nov 2011 10:44 pm
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DG
Site Moderator 


Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50978

Wales 

was this a similar scenario ?

http://www.guardian.co.uk/money/2008/aug/0...meraffairs
 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021  
Post #86273923rd Nov 2011 10:46 pm
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BBDisco3
 


Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3646

United Kingdom 

An initial visit to the repairing dealer is called for. Accident Exchange along with other similar firms offer very large incentives to any one who can pass them "claims". Before you were given a "free"car, you should have been informed of the full terms and conditions but these are somtimes "over looked" in favour of the high rewards to the introducer.

If you have been given "bad" advice then whoever gave it has a responsability to explain themselves.

It would be interesting to find if the Dealer Principal is aware that his repair shop is passing claims to a third party such as Accident Exchange.

In early years, these firms had to have a signed "credit agreement" to show you owed the money for the hire car otherwise the courts would argue that you could not claim for something you don't actualy owe. However you were probably told at the same time that "you will never have to pay" if the accident management firm don't recover their outlay from the Third Party.

It again comes back to you being given bad advise or information being witheld.
  
Post #86274823rd Nov 2011 10:56 pm
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adam
 


Member Since: 20 Sep 2005
Location: Home and Happy
Posts: 6917

United Kingdom 

Similar tale - from the other side....
I smacked a BMW in a car park about 6 years ago - did the decent thing and left my details.
About 3 months later I got a summons for payment for a BMW the woman rented whilst hers was being fixed - aparently the courtesy car my insurers paid for was not suitable
I sent all correspndence to my insurers who settled out of court as value (about £1500) was not worth contesting
Mate owns a brokerage and he handled it for me through his loss adjusters
  
Post #86274923rd Nov 2011 10:56 pm
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BBDisco3
 


Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3646

United Kingdom 

DG - Yes that web site sums it up exactly !
  
Post #86275023rd Nov 2011 11:00 pm
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chalky
 


Member Since: 21 Aug 2008
Location: Yorkshire
Posts: 3145

England 2007 Discovery 3 TDV6 XS Manual Tonga GreenDiscovery 3

DG wrote:
was this a similar scenario ?

http://www.guardian.co.uk/money/2008/aug/0...meraffairs


Erm, Basically YES !!

Ive just read that out to my Mrs and she said they had it ages and i kept going down to see if it had been done ?
Ive not lived at that address i was at for 5 years and somehow they have tracked me down to my current address so i dont know if i have been getting letters from solicitors or not ?

It appears i,m not the only one then.
 Only dead fish go with the Flow !  
Post #86275223rd Nov 2011 11:04 pm
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DG
Site Moderator 


Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50978

Wales 

I would be inclined to tell them to do one ..obviously your solicitor will advise if that is appropriate in your case Thumbs Up
 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021  
Post #86275823rd Nov 2011 11:13 pm
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chalky
 


Member Since: 21 Aug 2008
Location: Yorkshire
Posts: 3145

England 2007 Discovery 3 TDV6 XS Manual Tonga GreenDiscovery 3

Thanks all,

DG, i will post tmrw after seeking advice.
 Only dead fish go with the Flow !  
Post #86276123rd Nov 2011 11:25 pm
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CFB
 


Member Since: 02 Dec 2005
Location: Bradford, West Yorkshire
Posts: 6100

United Kingdom 

I'm in a similar position, court date set for Dec 5th regarding hire charges for the XC90 I had for 2 weeks in February when some clown hit my Disco. Luckily my insurer sorted it for me via DAS Legal Assistance so I'm not facing a personal bill, although I still have to go to court and explain why I needed the vehicle type in question so as to protect DAS and help them recover their costs! If I refused to go or co-operate they hit me with the bill.

In future if I ever have an accident again, even if it's someone else's fault I'll just take the free courtesy car as this has been a painful experience.
 2020 BMW X1 18d XDrive X-Line Auto  
Post #86279924th Nov 2011 8:06 am
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choppa60
 


Member Since: 16 Oct 2009
Location: chelsea tractor land ....london
Posts: 904

United Kingdom 2008 Discovery 3 TDV6 HSE Auto Zambezi SilverDiscovery 3

Thumbs Up Wise words indeed , something to remember .
 2008 ,hse, it does what it says .  
Post #86280624th Nov 2011 8:30 am
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