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My lil' GS500 that got nicked over a year ago just turned up

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octane
Trackday Trickster



Joined: 24 Aug 2004
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PostPosted: 19:33 - 10 Aug 2006    Post subject: My lil' GS500 that got nicked over a year ago just turned up Reply with quote


The story for those that without ADD:

When my bike got nicked, I had no end of bollocks with my insurers (Highway:AVOID!) and in the end they refused to pay up, stating that they didn't believe my bike was stolen, and it was down to my own negligence of leaving a second key hanging around, since they wrote to me and said they did an analysis of the key I sent to them, and said it was barely used, therefore I must have sent them a dupe of the original.
Utter bollocks, since I'd used the bike as a courier hack for almost a year; so I asked for a report; they sent me half a piece of paper that was a supposedly a report from a forensics firm, with no address or contact details.
I wrote back saying I thought the report was insufficient and I never had a second key anyway.
They then wrote back and said they contacted the dealer I bought the bike from, collin collins, and confirmed that the bike was sold with two keys.
So I phoned Collin Collins, and they told me that in any case they wouldn't keep a record of how many keys they sold a second hand bike with, and they definitely wouldn't give that information out over the phone.
I got in contact with two seperate solicitors and started seeing what I could do to start proceedings against Highway, but after seeing the two solicitors, it was evident that by the time I'd coughed up for the solicitors fees and court cost, should I lose the case, I'd be liable for a lot more costs than the bike was worth in the first place, so I had to drop it.

Over a year on, I get a letter through my door this morning to say, my bike was being held at a private yard, and I should come collect it and bring the £245 I owed in storage. So I phoned the yard, and asked what the fuck was going on, and they said Met police had brought it in about a week ago.
I phoned met police and they confirmed this, after a brief discussion with the guy at the Met control centre (always soooo much better than Essex coppers), he said that was all bollocks and I should come down to the nearest Met station to me and get it all sorted and go and see citizens advice about the insurers. I fully intend to do this, but at the moment I just want my (apparently still in good nick) bike back, so...

The story for those with ADD
Bike got nicked, I never got paid out because the insurers are cunts. Just got found by the Met in Rainham, and is now sitting in a yard racking up costs.


Here's the bind: I have no key for this bike, no V5 to get it re-insured and taxed, and no way of getting it out of the yard.
How do I get it moved?
How do I get a new V5 for it?
How the fuck do I get a key for it before all of that?

Phew.
Thanks.
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stinkwheel
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Joined: 12 Jul 2004
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PostPosted: 19:36 - 10 Aug 2006    Post subject: Reply with quote

Who has the V5 then?

If the insurance company have it and didn't pay out, they had bloody well better give it back.
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octane
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Joined: 24 Aug 2004
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PostPosted: 19:44 - 10 Aug 2006    Post subject: Reply with quote

stinkwheel wrote:
Who has the V5 then?

If the insurance company have it and didn't pay out, they had bloody well better give it back.

They do, but do they still have it, and considering they cancelled the policy on me, how long before they give it back? Can I not just apply for another V5?
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stinkwheel
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PostPosted: 19:59 - 10 Aug 2006    Post subject: Reply with quote

Tell you what. On consideration of your story above, I would be making a phone call to trading standards and/or the financial ombudsman.
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NSR Mick
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Joined: 26 Jun 2005
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PostPosted: 20:08 - 10 Aug 2006    Post subject: Re: My lil' GS500 that got nicked over a year ago just turne Reply with quote

octane wrote:
[u]
I had no end of bollocks with my insurers (Highway:AVOID!)


They've not changed then.

About 13 years ago I got rammed up the arse by a local boy racer who thought speed limits didnt apply to him. I went to the police to report it and suprise suprise whilst I was in the police station the owner called to say his car had been nicked, a little convenient if you ask me especially as it was found less than 100yds from his house with no lock damage.

Anyhow Highway wouldnt pursue the claiim as they said they didnt know who hit me even though I produced pretty good evidence proving who it was. TOSSERS
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Hotdog
Nearly there...



Joined: 28 Sep 2005
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PostPosted: 20:38 - 10 Aug 2006    Post subject: Reply with quote

octane wrote:
stinkwheel wrote:
Who has the V5 then?

If the insurance company have it and didn't pay out, they had bloody well better give it back.

They do, but do they still have it, and considering they cancelled the policy on me, how long before they give it back? Can I not just apply for another V5?


The insurance company are allowed to cancel a policy in the event of the bike being written off or stolen....however...they aren't supposed to do this..or to request the V5 until they have paid out.

Your insurers are very much in the wrong on this and a call to the ombudsman should sort it out very quickly.

There is a chance that DVLA/DVLC have been informed and in all honesty it would be wise for you to contact them to verify the status that your bike currently has.

You may need to apply for a new V5 or (worst case scenario) even re-register it.

The key is clearly your property and should be returned to you by the insurance company.

I recently had a bike written off and my insurer requested the policy back and also the V5.

They didn't get either until I had been paid.

As your claim didn't go through (that is to say that you didn't receive payment) I'm sure the ombudsman would agree that you should either have the policy reinstated for the remaining time that the policy had left to run OR a pro-rata refund.

You will also need to see what you can do about your no claims and also about having to mention the claim that you made to future insurers.

In an ideal world you should be able to rescind your claim as your bike was returned and no payment was made.

You need to try to get back to where you were before it was stolen.

Call DVLA/C find out where you stand.
Call your insurer and discuss it politely.
Go to the insurance ombudsman if you get no joy.
PM me if there is anything I can do off forum.

Good luck......

Hotdog.
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sickpup
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Joined: 21 Apr 2004
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PostPosted: 21:48 - 10 Aug 2006    Post subject: Reply with quote

Which companies yard? I might know them.
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Jackyboy
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Joined: 24 Jul 2006
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PostPosted: 22:57 - 10 Aug 2006    Post subject: Reply with quote

The insurers can cancel your policy at any time, giving you a pro rata refund of any premium paid, regardless of whether a loss has occured or not. If they said they phoned the dealers and they didnt, then thats something else altogether, to avoid a claim on that basis is fucking cheek. I write business through Highway everyday of the week and it does make me worry that they are my insurer, and are currently looking into my spill... Evil or Very Mad

As hotdog said, FOS is the way forward.

1st step is to lodge a formal complaint with the insurer. Inform them that you believe that you were misled in the handling of your claim and that they acted fraudulently in the process.Remind them that they have the key and V5, and tell them that you expect these returned by recorded delivery within 5 days - if they've got they're heads screwed on at all they will arrange that. The best way to do all this is to write a letter to the Customer Liason Department at highway.

You must then allow them 8 weeks from when they recieve the letter to present you with a final resoultion to your complaint.
If you are not satisfied with this, then you may refer to the Financial Ombudsman Service.

When you set up the policy did you place the risk through a broker? They may be able to provide you with information on the complaints procedure and help represent you to the insurer, a useful ally!

If you need any help message me - I work as a branch manager for a large insurance broker, I could dig out some precedent from the law files that you could use in a complaint to the Ombudsman.

Oh, and by the way, I've got ADD but I can still read that. Dont take the piss mate Very Happy
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sickpup
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Joined: 21 Apr 2004
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PostPosted: 00:37 - 11 Aug 2006    Post subject: Reply with quote

Highway Insurance range a bell so I spoke to a mate in insurance and he reminded me about a few things.

Back in the mid nineties Highway offered a courier only policy. One of the terms of this policy was that ANY claim stopped the policy with no refund available REGARDLESS of fault and whether they had to pay out on a claim.

They took that clause out for years but by what you say they may have included it on your policy.

As the other boys have said the bike is still owned by you so get the keys and log book back. In fact I would phone DVLA and find out if the bike is still in your name. If so ask for (and pay) for a new log book and pick up the bike immediately before the insurance company try and claim it. If the bike is no longer in your name I would be inclined to threaten the insurance company with further legal action.
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octane
Trackday Trickster



Joined: 24 Aug 2004
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PostPosted: 14:12 - 11 Aug 2006    Post subject: Reply with quote

sickpup wrote:
Which companies yard? I might know them.

D&G
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octane
Trackday Trickster



Joined: 24 Aug 2004
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PostPosted: 14:52 - 11 Aug 2006    Post subject: Reply with quote

Hotdog wrote:

The insurance company are allowed to cancel a policy in the event of the bike being written off or stolen....however...they aren't supposed to do this..or to request the V5 until they have paid out.

Your insurers are very much in the wrong on this and a call to the ombudsman should sort it out very quickly.

There is a chance that DVLA/DVLC have been informed and in all honesty it would be wise for you to contact them to verify the status that your bike currently has.

You may need to apply for a new V5 or (worst case scenario) even re-register it.

The key is clearly your property and should be returned to you by the insurance company.

I recently had a bike written off and my insurer requested the policy back and also the V5.

They didn't get either until I had been paid.

As your claim didn't go through (that is to say that you didn't receive payment) I'm sure the ombudsman would agree that you should either have the policy reinstated for the remaining time that the policy had left to run OR a pro-rata refund.

You will also need to see what you can do about your no claims and also about having to mention the claim that you made to future insurers.

In an ideal world you should be able to rescind your claim as your bike was returned and no payment was made.

You need to try to get back to where you were before it was stolen.

Call DVLA/C find out where you stand.
Call your insurer and discuss it politely.
Go to the insurance ombudsman if you get no joy.
PM me if there is anything I can do off forum.

Good luck......

Hotdog.


Thank you. Appreciate it.
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octane
Trackday Trickster



Joined: 24 Aug 2004
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PostPosted: 14:53 - 11 Aug 2006    Post subject: Reply with quote

Jackyboy wrote:
The insurers can cancel your policy at any time, giving you a pro rata refund of any premium paid, regardless of whether a loss has occured or not. If they said they phoned the dealers and they didnt, then thats something else altogether, to avoid a claim on that basis is fucking cheek. I write business through Highway everyday of the week and it does make me worry that they are my insurer, and are currently looking into my spill... Evil or Very Mad

As hotdog said, FOS is the way forward.

1st step is to lodge a formal complaint with the insurer. Inform them that you believe that you were misled in the handling of your claim and that they acted fraudulently in the process.Remind them that they have the key and V5, and tell them that you expect these returned by recorded delivery within 5 days - if they've got they're heads screwed on at all they will arrange that. The best way to do all this is to write a letter to the Customer Liason Department at highway.

You must then allow them 8 weeks from when they recieve the letter to present you with a final resoultion to your complaint.
If you are not satisfied with this, then you may refer to the Financial Ombudsman Service.

When you set up the policy did you place the risk through a broker? They may be able to provide you with information on the complaints procedure and help represent you to the insurer, a useful ally!

If you need any help message me - I work as a branch manager for a large insurance broker, I could dig out some precedent from the law files that you could use in a complaint to the Ombudsman.

Oh, and by the way, I've got ADD but I can still read that. Dont take the piss mate Very Happy

Heh, sorry.

Thanks, though, that was really helpful.
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octane
Trackday Trickster



Joined: 24 Aug 2004
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PostPosted: 14:55 - 11 Aug 2006    Post subject: Reply with quote

sickpup wrote:
Highway Insurance range a bell so I spoke to a mate in insurance and he reminded me about a few things.

Back in the mid nineties Highway offered a courier only policy. One of the terms of this policy was that ANY claim stopped the policy with no refund available REGARDLESS of fault and whether they had to pay out on a claim.

They took that clause out for years but by what you say they may have included it on your policy.

As the other boys have said the bike is still owned by you so get the keys and log book back. In fact I would phone DVLA and find out if the bike is still in your name. If so ask for (and pay) for a new log book and pick up the bike immediately before the insurance company try and claim it. If the bike is no longer in your name I would be inclined to threaten the insurance company with further legal action.

I wasn't actually a courier at the time, so probably not that.

Pretty sure it's in my name still, guy at the Met station I just went to said it was, and it's no longer listed stolen.

Thanks to you.
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R1stu
Shrek!



Joined: 12 Mar 2003
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PostPosted: 16:37 - 11 Aug 2006    Post subject: Reply with quote

My r6 stolen, insurer = Highway payout = 9months

bike accident 2004, insurer = highway = still going on 18months later
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TheDonUK
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PostPosted: 17:42 - 11 Aug 2006    Post subject: Reply with quote

Lovely, im with highway = fingers crossed
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Minty
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Joined: 23 Dec 2005
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PostPosted: 19:56 - 11 Aug 2006    Post subject: Reply with quote

Write to the FOS and FSA. It will cost Highway £360 for the FOS being involved and the FSA are the guys with the clout. Do this and watch Highway suddenly become helpful.

Trust me, I know me stuff. Shhh!
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MattEMulsion
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PostPosted: 20:53 - 11 Aug 2006    Post subject: Reply with quote

D&G Cars eh? Also know as Doom & Gloom. Very Happy
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octane
Trackday Trickster



Joined: 24 Aug 2004
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PostPosted: 15:18 - 12 Aug 2006    Post subject: Reply with quote

MattEMulsion wrote:
D&G Cars eh? Also know as Doom & Gloom. Very Happy

actually, they were very helpful until I stated I wanted my bike back.
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