I have received a letter from direct line saying that a vehicle…

My then business partner was using the van for renovation projects in Birmingham and London Boroughs. We had another 3 vans that were being used also.
I have never met the driver concerned, but the van was purchased for use by workers in those areas. As drivers changed I changed the named drivers on the policy as and when I was informed of such changes.The van was involved in a collision of some sort, but I only found out when Direct Line contacted me about it. I checked with the named drivers who said they had not had any accidents. I reported this back to Direct Line. I have had several conversations since then and the last one was when I was contacted around the 7th of Jan, 2009 by Direct Line, who said the matter was serious and were about to pass it over to the MIB scheme. But would I make a statement outlining what I knew, if anything about the accident. This I did and they have used the statement against me and canceled the cover stating that although they sympathise with the problem, as the registered owner I ultimately am responsible for all costs and have offered to clear the amount as long as I sign a form saying I will pay them back.
Here is the satement that I sent to Direct Line.

Mr Gary Dully

XXXXXbr />
Cinnamon Brow

Warrington

Cheshire

WA2 OTH

C/o Mr XXXXX XXXXX

Direct line

1 Cathedral square

Trinity Street

Bristol

Bs1 5dl



T584BJW- ref XXXXXXXXXX 17/11/2007 Mr Marek Ficek - Accident



Thursday, 08 January 2009



Dear Mr Murphy,



Please find a breakdown as best I can supply from memory the outline of facts surrounding the above vehicle.



The vehicle in question is a Ford Transit Van coloured blue that was purchased by my then business partner Mr Djmail Fetti. (Everyone calls him Fred).

However, what I was not aware of, until the registration document arrived at my house, was that he had signed me as the owner of the van.



After questioning why, he said that he wanted all the vans in my name. I have later come to regret this as I have had to pay several parking fines and given various council's various representations to avoid further fines with other vehicles.

I have had to fight "tooth and nail" to get rid of my name on that registration document. I have kept records of these incidents and letters to the council etc explaining that I was not the driver as I drive another vehicle.



As for the accident, I was not told of any accident until I was sent a letter from Direct Line saying it had been involved in some sort of collision.



As you can appreciate, I live in Cheshire and the van was supposed to be used for business purposes when operating in a property repair / renovation business in London as we had a job in Crystal Palace, Stanstead, Peterborough & Penge..

I am aware that it was used by various people whom we normally insured for as named drivers.



I'm afraid that you would have to check your records as to whom they have been at various times.

Anyway, when I enquired if the van had been in an accident, I was told that it wasn't by the drivers that we had at the time.

I have only ever seen the van once, or twice, I think once it was in Walsall where I think it was purchased from and another time in London..



After my conversation with you on the telephone today, I was wondering if the vehicle had been used in another business of Mr Fetti, who was a landlord of a pub called the Lion & Key 475, High Rd Leyton, London, E10 5EL and a club called "Mr Jacks" (I don't know the address).

The pub was owned by Enterprise Inns and I could envisage cash & carry deliveries being carried out.

The actual use of the van was for the building renovations work we were being paid for.

Did the Police make a note of any cargo?

As the date you mentioned was on a Saturday, which would suggest that it wasn't being used for the building business.



As for the driver Mr Marek Ficek , I am not aware of this person, but as Mr Fetti often recruited Polish labour, it may be the case that he was working in the pub, but the Poles tend to use English sounding nick names such as "Killer" or "George", that bear no resemblance to what it actually is.



I would see them every so often and be introduced to them with the English sounding version.



Anyway, the property business partnership ended when I could no longer support it on the 29^th February, 2008.



Mr Fetti continued with it until he was arrested by the Police for a persistent driving offence and subsequently jailed. I don't really know the date of this.



His car was seized and confiscated and I assume destroyed.



However, it didn't stop there as I was asked to make a statement against our employment liability insurance, which was claimed against by another Polish worker who said he had broken his leg because we had supplied him with the wrong ladder. I once again had to deal with someone working within Mr Fetti's other business who had been moonlighting and because I had insurance had tried to make a claim. I made a statement to someone and as far as I know the claim was not progressed any further.



Then one of my vans Reg YH57LHM was taken by Mr Fetti's son and was being used without my permission and I had to report it as stolen, it may be on your files.

When I went to the Police, they claimed it was business gone bad and a civil matter. But a Police Sergeant in Warrington took pity on me and got Mr Fetti's son to stop using the van under threat of arrest, by phoning Mr Fetti up.



Another van YH57LHJ was taken by one of the Poles who claimed Mr Fetti owed him money and he refused to give it back until the Metropolitan Police stepped in after I said I would complain unless I got some help over the matter.

As I was left trying to clear up the mess that Mr Fetti's imprisonment had caused.



YH57LHM - is still at a London address, but I am now waiting for the DVLA to re-register it as I had to have it unregistered so it would be picked up by number plate recognition cameras. It was the only way that I could get Mr Fetti's son from using it for a courier firm and trace him.

Whilst this was going on I broke my hand, so I couldn't drive until last week and I have been making arrangements this week to try and collect the van.

I have spoken to Mr Fetti this week, trying to arrange collection of the van- he has a mobile number of XXXXXXXXXXX or XXXXXXXXXXX or XXXXXXXXXXX



He told me he was living in a bed sit, but wouldn't offer his forwarding address for obvious reasons.

My accountants require all the invoices etc that he has acquired for the business, but he claims that they were in the car he had impounded, which has since been destroyed.

I have informed Customs & Excise and the Inland Revenue of this previously and they have interviewed me at my accountant's office and this matter is still on-going.



As for the accident, as I have said previously, no-one has ever rang me to register the accident, but I can only go on what you have told me over the phone.



I am hoping that this information is of some help and not too "wafflie"





If I can be of any further assistance, just give me a call. (07913544129)





Kind Regards



Mr Gary Dully

I have never given the driver permission, in fact I don't think I have ever met him. My ex business partner says he has never given permission, but I don't know if that statement is true or false. The employee is an ex-employee of my ex-business partner, but I don't know if this driver was involved in moonlighting for the ex partner at the time, who had other businesses at the time. I'm all a bit worked up and stressed out so I'm sorry if this is a bit "waffley"
Also, I am told that the partnership was a common law partnership as no partnership agreement was officially signed. Which is a pity as I am currently trying to locate and sue my ex-partner's son for taking and using another vehicle without my permission. I eventually got that back from Essex last Friday where it was abandoned down a street with the keys left at the back of the drivers wheel road wheel. The partnership was ended under mutual agreement on the 29th Feb, 2008, but I have had various problems with my ex partner who has developed the "Ostrich" syndrome and will not divulge his whereabouts for obvious reasons. Please can you give me some good news as I am sick with worry and stress?

The assumptions that you have made are correct, but I'm unclear on how a sleeping partner is assessed. To clarify, It was my task to look after the accounts and obtain new business and my Ex-partners to project manage each clients project by obtaining suitable tradesmen as and when needed. This was because I also run a rental business which supported the partnership with capital etc.

If Direct Line are not liable, I would assume that technically the van was being driven without the driver being insured. That being so - can I make a claim against my Public Liability Insurance that I had at the time or can Direct Line make a calim against the MIB scheme which covers un-insured drivers?