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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I wonder if you can help, on the 8.8.2013 my Renault was stolen

Customer Question

I wonder if you can help, on the 8.8.2013 my Renault was stolen from a pub car park where I was staying at the time. My husband had retired and invested money in buying the property and his daughter is the Manager Licence Holder and his son in law is the chef. he since bought the pub. To make the purchase I retired from Liverpool University and my lump sum was also invested in the pub, I therefore am a part owner of the business. However, I carried on working with Liverpool on a consultancy basis as I was working on project with Southampton University so I was staying at the hotel. At that time I still had my house in Liverpool and was back and forward to Liverpool on a regular basis. When the car was stolen I gave an interview to the Police and the Police Officer and my husband was present and he told the Officer that we were the owners. The Police Officer assumed that because I was the owner I was the Landlady in the statement. I was not the landlady I am the owner. I signed the statement without fully understanding what exactly this meant and now my insurance company are refusing to pay out because they say I should have told them of my new status. At the time I was sure that the second key to the vehicle was up stairs in the room, and that is what I told the Police Officer, however our son-in-law had used the car a few days before and he thought he had left it on the hook. However he was going on a stag week end and was going off to London to fly out to Surbia so he shot off. When I could not find the key we thought that perhaps he had it in is pocket. When he came back he didn't have it and I searched everywhere and could n to find it, so I phone the Police and told them and they were pleased that I had informed them as soon as he returned.. They phoned me and offered me £6,000 in settlement, although the car was worth more I accepted the offer. When the cheque went they then raised all sort of 'anomalies' as they call them, and stopped the cheque. They had more than 8 months to investigate and they sent their own investigator who was here full day, he took photographs. We told him everything and he apparently sent in his statement saying he was happy. I have sent them documentation son in law showing that he was entitled to drive the car under his own insurance and also copies of the flight details to Surbia show that he flew out the next day hence he had to rush off to London to meet up with friends as they were all staying over. At the moment I am still working as a consultant and travel to Europe quite a lot and I have informed their Solicitors of this. I just done know where to go or what to do now, two years on and I am still waiting. Regards
Veronica Cannings
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Veronica my name is ***** ***** I will help you with this.
Alex Watts : I have read the background thank you. What is it you would like to know about this please?
JACUSTOMER-m2k7jrz3- :

Alex

JACUSTOMER-m2k7jrz3- :

I apologise getting back to you sooner unfortunately we are very busy at the moment so I was called away. As I stated in my last communication this has become very complicated. The Insurers have put my case in the hands of a solicitor and I have given him all of the information he requested in his letters. What he is claiming is that I was the landlady and did not tell my insurers that I had changed occupation, he is quoting the police statement as evidence. I have been in touch with the Police and they say it was genuine mistake on the part of the officer as he did not ask me what my occupation was at the time and misunderstood when my husband said we were buying the pub that I was indeed the landlady. I was quite upset at the time, I was due to go back to Liverpool very important meeting on one of my European Projects and scanned the statement and then signed it as I had to get a train. He then came back and said I did not tell them of my change of address. I did when I actually moved down her permanently I told the agent and gave them all the details. I gave him the date I told them. The next point he raised was the lost key. He also made various mistakes in his letter as to where the car was parked before it was stolen and I corrected that and asked where he got this information from. I have stated that I am not being dishonest but there have been confusion on both sides. I sent a registered letter to him and I have heard nothing back at all. Before I go back to him I would like your advice as to how to word the letter or how should I address the situation as two years is a long time.

Alex Watts :

Apologies delay, I was in Court. What is it you want to achieve?

JACUSTOMER-m2k7jrz3- :

Alex

Alex Watts : .
JACUSTOMER-m2k7jrz3- :

Sorry again I was called away. All I want is

JACUSTOMER-m2k7jrz3- :

to know is what is my next step to get paid out. They made me a verbal offer over the phone of £6,000 and then rescinded it and then came out with all of these problems as they call them. However they had 8 months to investigate and raise any concerns and only did so when the money was to be paid out.

Alex Watts : You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .
Alex Watts : Can I clarify anything about this today please?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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