pajsh
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| posted on 28/11/05 at 08:48 PM |
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Legal/Insurance Advice
Anyone with legal/insurance knowledge out there can help us.
It's a long story but basically I sorted insurance for the wife on tinternet and after 14 days the company cancelled it without my
knowledge/permission and credited my card less around £50. (original premium about £225)
They said they wrote to me and sent a recorded delivery letter but I got neither.
Trouble is some prat drove up the back of the wifes Mondy two days after they cancelled the policy and wrote it off. Police say it was his fault
driving without due care. I then realised the cover note had not arrived, called them and found out they had cancelled it. Couldn't believe my
ears.
Wife went well off the rails when she found out as she lost her sister to cancer 12 weeks ago and her mum is under kemo at the moment so she's
was already on the edge. First accident in 10 years, not her fault and insurance cancelled three days before. Fock!
I can't see they can just cancel the policy without my permission. There's nothing in the T&C I printed off the net said they could or
would.
Anyone know how we stand legally?
I used to be apathetic but now I just don't care.
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shortie
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| posted on 28/11/05 at 08:57 PM |
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Did they say why they had cancelled the policy? also they should have proof that you recieved the letter if it was recorded delivery.
I would suggest that this should be referred to the insurance ombudsman if you feel that you have been unjustly treated.
Also have you got any legal advice\cover maybe with an AA policy or something?
I have also U2U'd you.
Rich.
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Mark Allanson
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| posted on 28/11/05 at 09:00 PM |
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I could easily sort out you claim against the other driver, I know people who specialize in that sort of thing.
As for the cancellation of the policy, I am bewildered, why would they do that?, a registered letter would have to be signed for, and why give up a
sale unless they found out something which did not tally with your disclosure on application. I think you need to ring them and get all the
information, especially why they deducted any money from the refund, as it was their decision, I dont think they can deduct anything except on a pro
rata basis.
Mark
(Motor Insurance Engineer Assessor)
If you can keep you head, whilst all others around you are losing theirs, you are not fully aware of the situation
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Volvorsport
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| posted on 28/11/05 at 09:18 PM |
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as it says on the bottom of most insurance policies , nothing affects your right to make a third party claim off THERE insurance . i would think you
need a period of notice , before the policy is cancelled - and if they have sent registered mail , there should be some paperwork somewhere .
trouble is , these things take time , as im finding out about the old mans S70 .
www.dbsmotorsport.co.uk
getting dirty under a bus
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pajsh
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| posted on 28/11/05 at 09:51 PM |
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Many thanks for the support guys.
A bit more of the story.....
The recorded letter was not delivered on Thursday because we were not in and they put a card through the door. Wife took her mum to hospital on Friday
and so I went to the sorting office on Saturday at 1230 but they had closed. To be honest I thought it was just some more stuff the wife had ordered
off the TV for Christmas so I wasn't really bothered. I'd been job hunting and at interviews during the week so I had other things on my
mind. Policy was cancelled on the Monday. Accident was on the Wednesday.
It was only when I found out they cancelled the policy that I looked at the card and saw it was a recorded delivery letter not a parcel. By then it
had been RTS anyway. They say they sent a cover note and a letter out before that but we didn't receive it.
They said they cancelled it because they could get no contact with us. A letter arrived the day after the accident confirming the policy had been
cancelled and the card refunded. If I'd got that the day before I would have sorted it. Really unlucky but that's been 2005 for us. Mondy
is 1.9 TD so no good for a locost. Just spent £300 on new rear shocks, discs and pads and two tyres in the last 3 months
I can't understand why they would cancel it as they had my money from my card details. They also had my email which they sent me confirmation on
so they could have contacted me on that. They said it is "policy" to cancel after 14 days if they cannot contact the insured to confirm
details given on the internet.
New one on me
Mark can you U2U details of who might fight our claim against the culprit. Currently I've an uninsured, SORNed bent Mondy on the drive and
don't know what to do with it.
I used to be apathetic but now I just don't care.
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shortie
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| posted on 28/11/05 at 10:10 PM |
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Sounds to me that you have a case to be answered as you had paid and if they had an email address then they should have used it, did they also have
your phone number??
I will ask my brother and see what he says as promised.
Who is the insurance company?
Rich.
[Edited on 28/11/05 by shortie]
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pajsh
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| posted on 28/11/05 at 10:25 PM |
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Quite frankly with what else we've been through this year the £50 is small beer. It's the principle of the matter given the stress we went
through for several days not knowing what to do and the insurance company just didn't want to know.
Now, I really just want to get something back for the Mondy and move on. One thing is for sure it was worth a hell of alot more to us before it was
re-arranged.
Insurance was quoted through Confused.com and the company is Direct Choice but I guess they are brokers not insurers.
I used to be apathetic but now I just don't care.
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Mark Allanson
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| posted on 28/11/05 at 10:33 PM |
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My people will probably sort out your 'insurer' as well, I will get them to contact you direct if you U2U me your contact details
If you can keep you head, whilst all others around you are losing theirs, you are not fully aware of the situation
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Dusty
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| posted on 29/11/05 at 12:56 AM |
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You have a very strong case to argue. You and your wife could not have forseen termination of your insurance. Although the company now inform you they
cancelled your policy at a specific time and date they must have been aware that you could not know that decision had been taken and that you would be
driving the car until that information reached you. I believe they have a duty to continue the insurance cover until they had made a reasonable effort
to contact you. You are not as far as I know in posession of ESP.
The company sent a registered letter which is reasonable but could not reasonably terminate the policy until they had confirmation that it had reached
you or reasonable suspicion that you were avoiding delivery. They did not try to alert you by email which you would have expected.
If they attempt to argue that you were not covered from the moment they made the decision to terminate and before you could possibly have known
suggests that they intended to let you drive without insurance while you believed yourself to be covered.
You may have to argue this with the company, ombudsman and possibly with the cops. Good luck.
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DorsetStrider
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| posted on 29/11/05 at 02:29 PM |
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I used to work for Liverpool Victoria in their motor claims department. My advise is to get in touch with the insurance ombudsman as soon as possible,
it will NOT be a quick process but from what you have said it seems to me that the insurance company acted outside the law on this one. You should
also contact the insurers and requestion everything they have on file about you and this case. Under the data protection act they have to supply it
within 48 days (I think).
You might also want to consider getting some legal advise from your local citizens advise.
Who the f**K tightened this up!
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Mark Allanson
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| posted on 10/12/05 at 01:00 AM |
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Has everything gone to plan?, let me know if not
Mark
If you can keep you head, whilst all others around you are losing theirs, you are not fully aware of the situation
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