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Author Done over by car insurance
mantamark
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Registered: 19th Jun 06
Location: Northumberland
User status: Offline
19th Jan 12 at 22:33   View User's Profile U2U Member Reply With Quote

Right, this is my fault, but can i change the outcome?

I bought a MR2 in may last year, i took out some insurance with performance Direct.

Sold the car august, and i am 100% sure i rang them up & told them to cancel the policy.

Time passes, and tbh i dont look at my bank account much, anyways, november comes around & i notice £40 from my account, then look back & it comes out every month, track it down to performance direct.

Phone them & explain, but the bloke on the phone (who is very blunt & a bit rude) tells me there has been no correspondance from me to cancel the policy & since its passed so many months i have to pay the remainder of the policy, unless i can prove that i sold the car.

Well, who keeps the bloody letters from the DVLA saying thatnks for notifying us, after 3 months? and i cant find the reciept he signed & dated either. Phone dvla, they can send another letter out but it will have todays date on, so get in touch with buyer & he emails me a copy of the v5. I then fax this over to PD, hear nothing from them so assume its all sorted.

Until i check my account today & on the 4th Jan they took £106 out, no warning of this, and its come at a shitty time.

So, i assume they log calls when people ring up, so where do i stand? I would ideally like to get my money back, not just the £106, but the back dated £40's from november (though after i called up they have stopped taking it, so not sure whats gone on there?)

Of course im going to phone them tomorrow, just wondered if anyone had any advice i could use?
Dan295
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Registered: 9th Oct 06
Location: London
User status: Offline
19th Jan 12 at 22:38   View User's Profile U2U Member Reply With Quote

how did you request to cancel it? letter or email?

surely if you get the insurance the new bloke put on it he would be declared himself as the registered keeper which might help?
mantamark
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Registered: 19th Jun 06
Location: Northumberland
User status: Offline
19th Jan 12 at 22:48   View User's Profile U2U Member Reply With Quote

I rang them up and spoke to a lass, as i remember saying will i get chanrged since its only been a few months, she said no, thats ok, i'll do it now, then that was that.

I faxed them the v5 with his details on though, never heard anything back so assumed was ok, put a covering letter in aswell.
John
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Registered: 30th Jun 03
User status: Offline
19th Jan 12 at 22:55   View User's Profile U2U Member Reply With Quote

Cancelling insurance only if you've sold the car is balls.
mantamark
Member

Registered: 19th Jun 06
Location: Northumberland
User status: Offline
19th Jan 12 at 22:56   View User's Profile U2U Member Reply With Quote

huh?
Sam
Moderator
Premium Member


Registered: 24th Dec 99
Location: West Midlands
User status: Offline
19th Jan 12 at 22:56   View User's Profile U2U Member Reply With Quote

Did you not think to cancel the direct debit when you first discovered this problem?
mantamark
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Registered: 19th Jun 06
Location: Northumberland
User status: Offline
19th Jan 12 at 23:12   View User's Profile U2U Member Reply With Quote

The bloke said i wouldnt need to
Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
User status: Offline
19th Jan 12 at 23:14   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by John
Cancelling insurance only if you've sold the car is balls.

This.

Ring your bank first thing, cancel the direct debit, then ring up the insurance company and tell them to GTF.

Infact, if it was me, id just cancel the direct debit and say no more. fcuk them.

[Edited on 19-01-2012 by Bart]
samole
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Registered: 11th Aug 10
Location: Altrincham
User status: Offline
20th Jan 12 at 02:18   View User's Profile U2U Member Reply With Quote

Just cancelling the direct debit won't get any moolah back though. i would request to speak to a manager. maybe tell them your solicitor is looking over the case and you have a strong case etc. see how they react. at best they may just give you a refund due to the fact that it will be cheaper that a legal case. try and blag it as much as you can before you formally go forth with it.
Ian
Site Administrator

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Registered: 28th Aug 99
Location: Liverpool
User status: Offline
20th Jan 12 at 02:25   View Garage View User's Profile U2U Member Reply With Quote

Firstly cancel the direct debit so no more can come out.

What did you do with the no claims bonus from that policy?

quote:
Originally posted by samole
maybe tell them your solicitor is looking over the case


Not unless this is either true or you've some legal basis under which to take them to court. I wouldn't even go there yet, probably won't even come to that.

Looks to me like they've agreed to refund on the correct date with sufficient evidence, but they've been inefficient at processing it all. Perhaps in the hope you'll give up and just pay them, difficult to examine their motives. Probably more likely they're just shit.
mantamark
Member

Registered: 19th Jun 06
Location: Northumberland
User status: Offline
20th Jan 12 at 08:10   View User's Profile U2U Member Reply With Quote

No no claims as it was a classic policy, i wasnt bothered as it was a 2nd car and was getting ncb from other car.

Will cancel dd and phone them up, surely they should have sent something out to say they were collecting the final amount?
mantamark
Member

Registered: 19th Jun 06
Location: Northumberland
User status: Offline
20th Jan 12 at 10:51   View User's Profile U2U Member Reply With Quote

Email from them...


Dear Mr Donnison

We write to you in response to your recent e-mail. We have
not received a fax from you which is why you never had
notification that we had. The cancellation e-mail that was
sent to you states that we will collect the debt from the
card details held on file and as we gave over 30 days to
receive the proof of sale and never did this is what
happened. Please provide us with a copy of the letter from
the DVLA which confirms you are no longer the owner.

---------------------

Ive had no cancellation email and i dont have the letter as i shred stuff like that after a week.
John
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Registered: 30th Jun 03
User status: Offline
20th Jan 12 at 10:53   View User's Profile U2U Member Reply With Quote

Ask them what proof of sale has to do with anything.
mantamark
Member

Registered: 19th Jun 06
Location: Northumberland
User status: Offline
20th Jan 12 at 11:28   View User's Profile U2U Member Reply With Quote

They are still saying i didnt get in touch to cancel policy.
Toby
Premium Member

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Registered: 29th Nov 05
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20th Jan 12 at 11:33   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by John
Ask them what proof of sale has to do with anything.


I think generally they wouldnt require it but they are after proof in this case due to the fact i could sell my car today and then tell the insurance i want a refund from October when i sold it.

If he wants to cancel it today then i suspect they wouldnt want it but as it wants back dating then they do.
Gary
Premium Member

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Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline
20th Jan 12 at 11:42   View Garage View User's Profile U2U Member Reply With Quote

I cant see them refunding.

Did they send you a certificate when you took out policy?
mantamark
Member

Registered: 19th Jun 06
Location: Northumberland
User status: Offline
20th Jan 12 at 12:26   View User's Profile U2U Member Reply With Quote

By email i think.

They hve said they cant accept the v5 or the buyers insurance cert. has to be letter from dvla, which tey recon i can pay a £2 fee and get it backdated to when the car was sold.

They also said i can pay £25 for a phone audit to see if i did call to cancel, but i dont know what day i phoned or from where i phoned.
pow
Premium Member

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Registered: 11th Sep 06
Location: Hazlemere, Buckinghamshire
User status: Offline
20th Jan 12 at 12:28   View Garage View User's Profile U2U Member Reply With Quote

Hold on, they want you to pay £25 to confirm you called? Their fuck up, they should be doing the leg work. Get someone higher than the donkey in the call centre on the phone and start dropping the words omnibusman in.
RichR
Premium Member

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Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
20th Jan 12 at 12:35   View Garage View User's Profile U2U Member Reply With Quote

"Ombudsman" wtf is an OmniBusman?
Rob_Quads
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Registered: 29th Mar 01
Location: southampton
User status: Offline
20th Jan 12 at 12:36   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by mantamark
By email i think.

They hve said they cant accept the v5 or the buyers insurance cert. has to be letter from dvla, which tey recon i can pay a £2 fee and get it backdated to when the car was sold.

They also said i can pay £25 for a phone audit to see if i did call to cancel, but i dont know what day i phoned or from where i phoned.


I would put it in writing that you are happy to pay the £25 for a phone audit but if it proves that you are right and there has been an error on your behalf that you will be expecting a refund of the £25 along with a refund of all the extra moneys along with any interest it would have earned.

if you know when you sold it and then it should not be hard to find the recording as you should be able to narrow it down to a few days.
Dan295
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Registered: 9th Oct 06
Location: London
User status: Offline
20th Jan 12 at 13:07   View User's Profile U2U Member Reply With Quote

surely tell them its against the law for a car to have two separate insurance policies and they need to sort it out. i would also tell the bloke who bought the car off you whats happenning, in the event of a claim his insurance company could walk away
Ian
Site Administrator

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Registered: 28th Aug 99
Location: Liverpool
User status: Offline
20th Jan 12 at 13:18   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by mantamark
They also said i can pay £25 for a phone audit to see if i did call to cancel, but i dont know what day i phoned or from where i phoned.
If the phone conversation contains your personal data then the maximum they can charge to give you access to your data is £10.

Give the ICO a call to confirm that - https://www.ico.gov.uk/Global/contact_us.aspx - my current feeling is they're winging that and don't know the law.

You also need to be clear exactly what you've paid them, exactly what you owed them based on the pro-rata refund plus fees, and therefore exactly what you want back.

When you have all that, write them a simple short letter telling them the dates and how much you want.

Or, while they've invited you to do so -

quote:
Please provide us with a copy of the letter from
the DVLA which confirms you are no longer the owner.


I know you've shredded it, terrible idea that, you'll need it in all sorts of circumstances. Speak to them about getting another one.
mantamark
Member

Registered: 19th Jun 06
Location: Northumberland
User status: Offline
20th Jan 12 at 13:21   View User's Profile U2U Member Reply With Quote


Dear Mr Donnison

For us to be able to trace any calls you would need to pay
the £25 and supply us with the telephone number you called
from and the date. The outcome will depending what/if we
find in the calls. If instead you provide proof of sale from
the DVLA then any further refund depends on the date of
sale and the insurers decision

------------------

Phoning dvla now to get a copy, though it sounds far from definate i will get anything back.
pow
Premium Member

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Registered: 11th Sep 06
Location: Hazlemere, Buckinghamshire
User status: Offline
20th Jan 12 at 13:24   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by LiVe LeE
"Ombudsman" wtf is an OmniBusman?


A horrific mistype
mantamark
Member

Registered: 19th Jun 06
Location: Northumberland
User status: Offline
20th Jan 12 at 13:33   View User's Profile U2U Member Reply With Quote

Dvla charge £5 for a v888 form to send out the letter with date of disposal on. Takes 2-4 weeks.

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