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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think I shouldn't pay?

45 replies

Sleepinginthebathroom · 15/05/2019 19:45

Didn't know where else to put this.

My car was written off a few months ago (not my fault) and insurers took it away without explaining the process to me.
Had a nightmare with them from start to finish, everything took ages to sort and they kept sending stuff to the wrong place and giving me the wrong info.
They gave me compensation, case closed recently, and I thought it was all resolved.
I've still not recieved the COD though, and I was waiting for that so I could go to the DVLA and say the car was scraped.
I didn't know what to put in the boxes that say about the new keeper etc as I didn't know what was happening with the vehicle.

I have now today recieved several fines (bus lane type stuff) for the old vehicle.
Which apparently was not scrapped, but sold on to someone else.

What do I do?
I can contest the fines, but technically I am the registered keeper - which is my own stupid fault really. I figured the car was scraped, no rush, may as well wait for the info from the insurers about who to say is the new owner etc.

But equally, the car was scraped, i didn't sell it, I don't own the car and I wasn't driving.
I'm worried about ant more fines and points that could be on their way to me in the post!

Surely it's not fair that I should have to pay?

OP posts:
OnlyPostInEmergencies · 15/05/2019 19:48

The basis for appealing the fines is that you were not driving. Doesn’t the paperwork ask you to confirm who was driving? I know you don’t know, but you do know it wasn’t you.

LittleLongDog · 15/05/2019 19:49

Had a nightmare with them from start to finish

I don’t think you are finished. What did they tell you they did with the car?

HoustonBess · 15/05/2019 19:49

I'd write a massive complaint to the insurer explaining everything. They might have compensated you for errors to date but this will be fresh cause for complaint/compensation and serious at that - threaten to go to the financial ombudsman if they don't sort it pronto.

I'd write to DVLA explaining situation and saying you'll forward confirmation from insurer that you're not responsible.

Kaddm · 15/05/2019 19:50

Have you got proof of the date the insurers took it away? If yes, use that to appeal the tickets.

sackrifice · 15/05/2019 19:56

You have proof that they took the vehicle away? Give them the insurers details

Original poster
Sleepinginthebathroom · 15/05/2019 22:12

Thanks, I've complained to my insurance but they're not that bothered
And I've called up about the fines, but the person I spoke to didn't seem to bothered and implied I'd just have to pay them anyway since it's my car but I could appeal if I wanted. And the people I needed to speak to pretty much only work office hours, which is incredibly helpful as always from them, particularly as I had left work early to just make it within office hours, but they'd all left early too...

OP posts:
Original poster
Sleepinginthebathroom · 15/05/2019 22:13

I also can't find any proof the insurance took it away, it was a lot of phone chat, stupidly. Will need to dig a bit more perhaps tomorrow when I can actually speak to someone

OP posts:
Passthecherrycoke · 15/05/2019 22:15

This happens all the time, god knows what insurance companies get up to with these written off cars (I worked in parking services for a bit many years ago!)

We would cancel if you sent proof it was written off and returned to the insurers. Yes you’re the legal owner but they’re not going to win in court trying to get you to pay the fines under these circumstances so hold steady. Official complaint to the insurance company!

TheTrollFairy · 15/05/2019 22:16

If the insurers took it away then I guess you would send it off as them being the new registered keeper? How would they sell it without proof that they own it?
Could you call them up and tell them you’re reporting the car as stolen to the police (not sure if that would work).
If they have paid you then you’ll have paperwork to show the payment at the very least so that could be useful for your appeal

TheTrollFairy · 15/05/2019 22:18

I’m surprised they didn’t offer to ‘sell’ you the car back if it was still drivable. I thought that’s what insurance companies usually did

EmeraldShamrock · 15/05/2019 22:19

You need to get the paperwork, who sold it on? Did you cancel the insurance tax immediately, you should be ok in the end. I bet you'll have to go to court, whatever you need to do get on top of it, before the bailiffs come around.

StickyCarpet · 15/05/2019 22:19

Write a formal complaint and keep proof that you've sent it. They should reply within a certain amount of time. If they don't you can go to FOS and if they do and you aren't satisfied still go to FOS.
Contact the DVLA and explain the situation and that you have an open dispute with the insurer. The new owner/dealer who sold it to them should have sent the log book off to be updated so they're in trouble too.

maddening · 15/05/2019 22:19

You need to take it further with the insurers - they handed your car to someone else, once they took it off you they must be responsible for it, it could be one of their own staff ffs

EmeraldShamrock · 15/05/2019 22:21

How did they sell it without a log book.

Passthecherrycoke · 15/05/2019 22:23

You can easily sell a car without a log book etc. There is a whole market around this sort of thing. What’s strange is huge reputable companies seem to be involved with it and no one stops them doing it. It’s been going on forever

thankyourforthemusic · 15/05/2019 22:25

also can't find any proof the insurance took it away, it was a lot of phone chat,
Absolutely rubbish , what happened to the log book ? It's a legal requirement any idiot knows that , they didn't just take it away , did you forget to send it off to the dvla ?
If that's the case your own fault you know you can be fined for not telling the dvla that your no longer the registered keeper .

ScatteredMama82 · 15/05/2019 23:00

Absolutely rubbish , what happened to the log book ? It's a legal requirement any idiot knows that , they didn't just take it away , did you forget to send it off to the dvla ?
Bit harsh! I wrote a car off by rolling it once. I got taken to hospital, the car was removed later that day by I don't know who. When I got home I rang the insurers who said the car was a write-off. They gave me the insurance money and I didn't do anything else about it. I assumed the insurers would do the necessary regarding informing DVLA etc. I don't think that is an unreasonable assumption.

Original poster
Sleepinginthebathroom · 15/05/2019 23:15

@trollfairy they did indeed offer to sell it back, but said the insurance and MOT was not valid as the car was written off and so I couldn't drive it, so id also have to pay them to deliver it to a garage. Then repair it then get a fresh mot etc
I said no, so they said it would be scrapped.

I have the log book so I did think they couldn't sell it

And @thankyouforthemusic not sure what you mean 'they couldn't just take it away'
But yes I just realised today I could be fined, which is brilliant. However they told me the COD notice would come and I would fill in that info as the new keeper - that hasn't come yet. Additionally the claim hasn't long been settled, I haven't even got all the money yet. And since they told me they were scrapping it I had no idea I needed to rush to sort it all out. I was also under the impression that since they took it away and said they'd handle it all that they would you know...handle it all

OP posts:
wafflyversatile · 15/05/2019 23:19

Definitely contest the fines.

Try tweeting the insurance company. They don't like being shown up in public like that.

Imustbemad00 · 15/05/2019 23:28

My car got damaged. Insurers came to collect it for repair. Got a letter a few days later saying it was being written off and scrapped.
I panicked so much m, it was a few scratches, no dent or anything.
I called them and they basically said I could still have the pay out, and they deducted around £100 and I could have the car back.
They then informed me they couldn’t bring it back as it had been written off and a new mot would have to be carried out within 14 days or insurance would be invalid.

I picked it up the next day, took it straight for mot which it passed and I received my pay out.

I then got the scratches re sprayed cheap.

This was months ago and I’ve still never had anything in writing confirming any of this happened. An auto trader check is not showing my car as written off... it’s all very strange.

EmeraldShamrock · 16/05/2019 00:10

Surely they can't get away with this.
I am not sure how it works in the UK, are you summoned to court over the fines, if yes the judge will see through it.
Can you say you posted the log book but it got lost in the post.
I wouldn't pay a cent off the fine, contract your bank for a statement, they paid out the car was a wreck, I doubt they've a leg to stand on, counter sue the fines to the insurance company, surely their liable for selling a car without the correct protocol.

EmeraldShamrock · 16/05/2019 00:14

Surely they can't get away with this.
I am not sure how it works in the UK, are you summoned to court over the fines, if yes the judge will see through it.
Can you say you posted the log book but it got lost in the post.
I wouldn't pay a cent off the fine, contract your bank for a statement, they paid out the car was a wreck, I doubt they've a leg to stand on, counter sue the fines to the insurance company, surely their liable for selling a car without the correct protocol.

StoppinBy · 16/05/2019 00:51

They will have taken it as a repairable write off meaning that the cost to them to repair is greater than the cost to pay out on your policy but the car is not a legal write off.

They wont sell them back to you in this circumstance, I am not sure exactly why but they wont.

Chase them for the paperwork, they should not have been able to sell the car without having it legally in their name though.

I would immediately call up the fine issuer and explain what has happened so that they have it on record that you a/are no longer the legal owner of the vehicle and b/ that despite the insurance company playing games here you are trying to do the right thing.

thankyourforthemusic · 16/05/2019 07:45

May be harsh but true !
I've had a car wrote off by the insurance so I know .
If these claims are true and I don't think the op had been completely honest about the log book , then I'd change insurance companies ASAP.

Original poster
Sleepinginthebathroom · 16/05/2019 08:00

I'm not sure what you think I'm not being honest about @thankyouforthemusic I'm saying I still have the log book. Not sure why I would lie about that

Thanks everyone! Hard not to stress, so annoying!

OP posts: