Taking on bike insurer

[Zetecy2020]

Hello, I am new here, thanks in advance for any help.
I have been to court once and won and it has been a straight forward process. To get my deposit back from a rental with no agreement and dangerous living conditions.

Now, I had my motorbike stolen. Cut long story short,

The insurer offered me £1000, then 5 mins later rang back and offered £1130. Then after I further complained and provided research they said no more increases, £1130 was last offer.

The bike is worth £1700. A model one year newer is on autotrader for £1900, I've sent them this and they completely outright ignored and said contact FOS..Financial ombudsman.

Ive found this website which is pretty helpful
https://www.motorclaimguru.co.uk/dis...ing-with-value

Quote "So its very very important we deal with your complaint after this point,as of this year, should you not be happy with the FOS decision, you cannot now take to court. click here to read what the telegraph says."

Now as they say the FOS will likely use the book prices too and probably just agree with the insurer..*


Question: So I want to start the court proceedings however, from what I understand a court/judge requires you to use the ADR in the first instance,which is the FOS, so will my claim be thrown out as I dont want to use them? I do not want risk the FOS agreeing with the insurer as they will likely go on book prices too rather than market prices, then I will not be able to use the court...

Thank you.
*

[des8]

"should you not be happy with the FOS decision, you cannot now take to court"

That is misleading.
The FOS decision is not subject to judicial review, and is binding on the company.
It is not binding on the consumer, and if the consumer disagrees he can disregard the FOS and initiate court proceedings against the company

Personally, i would ignore the FOS as generally I have found them as much use as a chocolate fireguard.

Re the use of ADR: this is not mandatory, but says parties "should consider" See para 8 herehttps://www.justice.gov.uk/courts/pr...action_conduct

If you are set on going to court do follow the preaction protocol

[Zetecy2020]

Thanks. I do also believe the FOS to be useless. I have used them before and they didn’t take sides. Would rather go to straight to court. I believe I got a good case as they’re offering nowhere near the value of the bike not even close.


So if I go down court route, I start with the pre action letter. I’ve downloaded a template


https://www.which.co.uk/documents/do...im-303675.docx




I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution(ADR)in order to avoid the need for this matter to be resolved by the courts.

But it does say : I would invite you to put forward any proposals in this regard.

[Alternatively you can set out details ofany ADR schemethat youareprepared to use].

so that’s my point. How do I get around that, as the ADR for insurers is the FOS... can I just omit this from the pre action letter or what do you suggest.


cheers.*

[des8]

If you initiate a claim the court will offer court mediation.
This is a form of ADR, hence there is no need to mention it in your LBA