Taking the plunge

[Timeandleisure]

Can you believe it... just got a cheque in the post for an amount which has never been discussed whilst we are still in dispute!!!
Have written for them to confirm this will be cancelled as I am still in disagreement.. don’t really want to drag the ombudsman/ lawyer in yet but has anyone else experienced a cheque whilst in dispute. My worry is that they have scrapped the car which I insisted they not do... any experience please?

 

[malcolm E53 AMG]

Obviously trying to wear you down must work on some and totally unethical/unprofessional as you say refuse it and use it against them at later date if it does go to litigation

 

[Timeandleisure]

Obviously trying to wear you down must work on some and totally unethical/unprofessional as you say refuse it and use it against them at later date if it does go to litigation

Thank you for your words of encouragement and wearing me down is certainly very apt. The car is at my local dealership and texting the guy there he is not responding so I think it’s been taken to be scrapped..
Just at a loss of what do do next..
The CEO also left yesterday.. even made the news... he wasn’t hedging his bets any longer...

 

[Blobcat]

Thank you for your words of encouragement and wearing me down is certainly very apt. The car is at my local dealership and texting the guy there he is not responding so I think it’s been taken to be scrapped..
Just at a loss of what do do next..
The CEO also left yesterday.. even made the news... he wasn’t hedging his bets any longer...

Is that the CEO that gave out the large bonus to the employees?

 

[Timeandleisure]

Is that the CEO that gave out the large bonus to the employees?

Spot on!

 

[Blobcat]

Spot on!

That’s you that paid that...

 

[Timeandleisure]

Indeed....

 

[peterws1957]

Can you believe it... just got a cheque in the post for an amount which has never been discussed whilst we are still in dispute!!!
Have written for them to confirm this will be cancelled as I am still in disagreement.. don’t really want to drag the ombudsman/ lawyer in yet but has anyone else experienced a cheque whilst in dispute. My worry is that they have scrapped the car which I insisted they not do... any experience please?

Sending a cheque for a low offer is a "market trader" type approach to try and settle a claim. Happens all the time along with" we can get settlement to you in 24 hours" type approach. I've had both approaches tried on my family. Insurers tried this on my Dad - sent him a cheque for £2k without explanation for a claim. Eventually settled at £6,500 after intervention. Initial offer on a written off cheap car of £1100 "we can get payment to you before Christmas, or we'll send an engineer who might value it lower and it'll take 2 weeks." That one settled at £2k.
I would simply send the cheque back and if you are certain you are able to justify an increased offer then a polite letter to the claims manager with your view and evidence often works.
What you have to remember is that often you are dealing with an intermediary who will have delegated authority to settle some claims and not the insurance company. These characters may have no idea about insurance law or common law and think it a "result" if they get away with lowballing a claim. Incidentally Insurers have no right to do anything to your car until the claim is settled. Good luck.

 

[negotiator]

Not trying to pry but is their (cheque) offer anywhere near what you might consider taking? Otherwise, if you do decide to return it, take a copy of the cheque and pin it to their offer letter. You may need it going forward.

 

[Timeandleisure]

Thank you!!! Thought I was going mad!
Story is:
1. They offer low value, I reject and send current ads with lower spec cars and non-mbfsh... I had just got it back from the dealer with a whole new suspension, ABC, seals, leaks etc all done..
2. They up the offer which I reject and say I am happy for them to purchase a like for like to settle
3. In the meantime I receive a cheque lower than all figures mentioned
4. Have written asking them to stop the cheque as this is clearly in error to an ongoing dispute and to start responding to my emails
5. Finally receive an actual acknowledgment to say to call to discuss
My concern is doesn’t a cheque constitute a settlement? Also worried that they have taken the car as salvage when I wish to keep it...

 

[peterws1957]

Thank you!!! Thought I was going mad!
Story is:
1. They offer low value, I reject and send current ads with lower spec cars and non-mbfsh... I had just got it back from the dealer with a whole new suspension, ABC, seals, leaks etc all done..
2. They up the offer which I reject and say I am happy for them to purchase a like for like to settle
3. In the meantime I receive a cheque lower than all figures mentioned
4. Have written asking them to stop the cheque as this is clearly in error to an ongoing dispute and to start responding to my emails
5. Finally receive an actual acknowledgment to say to call to discuss
My concern is doesn’t a cheque constitute a settlement? Also worried that they have taken the car as salvage when I wish to keep it...

I was in the insurance claims industry for 25 years and can tell you that sending a cheque out cannot be legally considered a settlement. You've already turned down a higher offer. That's why I suggested returning the cheque. If Insurers have already disposed of the vehicle I would be claiming damages as well- they are not allowed to do that.
It's very difficult to give sensible advice without knowing all the numbers involved, but certainly spending shed loads of money on a car does not necessarily mean it's value has increased significantly. Can I ask what the monetary difference is between their highest offer and what you value the car at?
Incidentally I would be wary of phone discussions - these characters can be full of bulls***.

 

[Timeandleisure]

I was in the insurance claims industry for 25 years and can tell you that sending a cheque out cannot be legally considered a settlement. You've already turned down a higher offer. That's why I suggested returning the cheque. If Insurers have already disposed of the vehicle I would be claiming damages as well- they are not allowed to do that.
It's very difficult to give sensible advice without knowing all the numbers involved, but certainly spending shed loads of money on a car does not necessarily mean it's value has increased significantly. Can I ask what the monetary difference is between their highest offer and what you value the car at?
Incidentally I would be wary of phone discussions - these characters can be full of bulls***.

Thank you and I appreciate your sound advice. I have been trying to avoid conversations for precisely your reasons and prefer things in writing. I also understand that work done does not equal more value but numbers aside I just want what is right by their obligations as I have done by mine. All was going well because they had increased from where they were but this cheque for an amount lower than what they had initially offered in writing is what has thrown the curve ball... The difference by cheque is just over a third and the increased offer was getting a little over halfway there based upon the ads previously sent. I have been deliberate in sending ones below par to avoid getting embroiled into a petty to and fro which is where I find myself now. i would be happy for 75% of the worst case scenario as CIL. Is the doc not annotated regardless of how the claim is settled I.e. CIL or just payment?
I haven’t claimed before so it’s all a bit new. Thank you for reassuring me about the cheque and my dealership texted me this morning that it’s still there and that they wont let anyone take it...
I am now bracing myself for a call today but with yours and everyone els’s advice and kind support hope to get through it... I will follow it up in writing naturally
Thank you so much!!!

 

[Timeandleisure]

Should really put this on my Cat N thread but it’s all here and so will continue here if ok?
Decided to write to my insurance instead but got an interesting email from them stating that they were sorry that I was unhappy with their service (I didn’t say that )...and were treating my case as a complaint and would get back to me in 4 weeks rather than the eight usually it usually took...
It seems highly unusual again and so I am thinking that perhaps I ought to write to the ombudsman too?

 

[Timeandleisure]

.... conclusions of my ‘complaint’ received and quite comprehensive I might add, with an offer to keep to the highest evaluation based on CAPs. I have rejected this and will see what the lawyer/ombudsman has to say.. to be continued....

 

[sl500amgsport]

Whatever you do don't bank the cheque, to do so in law would amount to an acceptance of their offer...

Mercedes SL500 R231

 

[Timeandleisure]

Whatever you do don't bank the cheque, to do so in law would amount to an acceptance of their offer...

Mercedes SL500 R231

No chance!!!!! Thanks for the support because it’s just sitting there winking at me

 

[peterws1957]

No chance!!!!! Thanks for the support because it’s just sitting there winking at me

Personally I really would not bother with the Ombudsman- they can take months to deal with an issue, worse now under the circumstances. Equally, you might be throwing money away by instructing a solicitor, although you may have legal expenses cover under one of your insurance policies. Again it's virtually impossible to give you good advice without knowing the actual numbers involved. The consensus might be the settlement offer is fair, or you are correct in holding out. It's human nature to overvalue a car particularly when someone has spent a fortune on it! Good luck anyway.

 

[Blobcat]

Personally I really would not bother with the Ombudsman- they can take months to deal with an issue, worse now under the circumstances. Equally, you might be throwing money away by instructing a solicitor, although you may have legal expenses cover under one of your insurance policies. Again it's virtually impossible to give you good advice without knowing the actual numbers involved. The consensus might be the settlement offer is fair, or you are correct in holding out. It's human nature to overvalue a car particularly when someone has spent a fortune on it! Good luck anyway.

I found the ombudsman very helpful and made a huge difference to getting my claim sorted. My insurance company stopped delaying and my settlement was soon forthcoming along with interest on the payment due to the delay

 

[Timeandleisure]

I found the ombudsman very helpful and made a huge difference to getting my claim sorted. My insurance company stopped delaying and my settlement was soon forthcoming along with interest on the payment due to the delay

That’s what I’m thinking.. they know they have messed up on the process and lack of information they were required to provide. Also wanting in fulfilling their contractural obligations (courtesy car etc.. not that I wanted one, but they didn’t follow through on this)... My thinking is that they want to minimise their risk with regards to these measures rather than the monetary value itself because their letter was very carefully worded a bit like 10% less fat but it’s actually 90% fat making didley squat difference.... just my thoughts...

 

[peterws1957]

I found the ombudsman very helpful and made a huge difference to getting my claim sorted. My insurance company stopped delaying and my settlement was soon forthcoming along with interest on the payment due to the delay

Yes once the ombudsman gets involved, Insurers are under very strict time constraints to progress the matter. It's often the time to get them involved that's the problem. Personally I wouldn't get them involved as mentioned above but then I know when and how hard to press buttons relating to Insurance problems. I appreciate that not everyone has that experience.