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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is it legally right company to right a cheque

Resolved Question:

Is it legally right for insurance company to right a cheque in the name of insured rather than the rightful owner of the car ?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Is it legally right for insurance company...Is it legally right for insurance company to write a cheque in the name of insured rather than the rightful owner of the car ? And if not how would retrieve the money if all talk to get the money didn't work. Can I take the case to court ?
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Could you please explain your situation a little more?Alex
Customer: replied 1 year ago.
I allowed me ex to use my car after she crushed her car. 15 of January this year. She again crushed my car against a tree. Thank God she wasn't hurt in the crush. I enquire about my car. She said the insurance company promise to pay the value on my car, unfortunately the insurance company wrote the cheque in my ex's name. Now she said since the cheque is in her name, she's keeping the moment. I then called the insurance to get the cheque back, so they can use the name on the V5C. Which is my name. Have proof futile. Now the question is. Who do I take to court to retrieve the money to buy replacement car.
Expert:  Ash replied 1 year ago.
Who hold the insurance policy please? You or your ex?
Customer: replied 1 year ago.
My ex hold the insurance policy and I own the car
Customer: replied 1 year ago.
I bought the car and my name is ***** ***** V5C as the legal owner of the chrysler voyager with the registration NX55 XNR
Customer: replied 1 year ago.
***********
Expert:  Ash replied 1 year ago.
So the money was paid to the Policy holder of the insurance, not owner of the car?
Customer: replied 1 year ago.
Yes exactly
Expert:  Ash replied 1 year ago.
Then yes, the insurance company can do that. The insurance company have a contract with the policy holder. They do NOT have a contract with the owner of the vehicle.The policy holder should pay the car owner. If not it is a matter between them. The insurance company have no power or right to pay the owner direct - they are not the customer, the policy holder is.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you for for clarification. Anyway the policyholder is not prepare to give the money to the car owner. What are the car owner's options. Can he take policy holder to court to retrieve the money as he need the money to buy another car.
Expert:  Ash replied 1 year ago.
Yes that is all you can do. You need to write and set out your losses and request a refund 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.If they do not refund 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.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.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 for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Yes you can.
Expert:  Ash replied 1 year ago.
Yes?
Customer: replied 1 year ago.
Thanks for you clarification. It's really help. Thanks cheers
Expert:  Ash replied 1 year ago.
Great. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Customer: replied 1 year ago.
Okay that not a problem.
Customer: replied 1 year ago.
Where's the rating?
Expert:  Ash replied 1 year ago.
You should see happy faces or rating in stars. If you cant, let me know. Alex
Customer: replied 1 year ago.
No sorry. I can't see
Expert:  Ash replied 1 year ago.
Ok - let me refer it to a cat moderator. Thanks
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