Legal Advice (urgent)

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Wayno
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Legal Advice (urgent)

Post by Wayno » Wed Oct 11, 2017 1:05 pm

Any positive help would be appreciated.

I was with a friend of mine and he got cut off by a black Jaguar which switched lanes and as a result the car behind him crashed into him. He wasn't going fast, about 15mph and the car behind him was either accelerating or didn't even brake because the damage to my friends car is significant. His rear hatch door got crushed and the bumper is shredded.

After leaving the scene he got in touch with his insurance who told him that his policy had been cancelled on the 1st of October because he had only provided 2 years proof of NCB instead of 3. My friend does have 3 years NCB but didn't realize that when he sent the document it only had 2 years on it.

The insurance company (Esure) sent the cancellation notice via email only and no letter had been sent and they had taken the full monthly payment, like always, on the 19th of September so my friend assumed that everything was fine. He doesn't check emails that get filtered down, I'm guilty of that too so he had no idea his policy was dead.

He has never driven without insurance before and has no points or motoring convictions, fines etc so this was a shock to him. Also he realizes that driving without insurance is a very big crime.

Timeline

13 Sept - Esure emails him 'Your account needs attention'
19 Sept - Esure takes full payment
1 Oct - Esure closes his policy via email
6 Oct - Esure posts cancellation letter
9 Oct - Friend car gets hit
10th Oct - Cancellation letter arrives

So
1- Whats his next step? Can he claim for repairs direct from other insurer as he has no car?
2- Should he fight his insurance against the cancellation or is it a no win situation?
3- Should he involve defense solicitors for driving without insurance?
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Re: Legal Advice (urgent)

Post by Sonic1506 » Wed Oct 11, 2017 4:30 pm

Your best bet is speaking to a solicitor.
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Re: Legal Advice (urgent)

Post by marco_polo » Wed Oct 11, 2017 4:41 pm

Agreed. He sounds royally fecked.
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Re: Legal Advice (urgent)

Post by Ktmpedro220 » Wed Oct 11, 2017 5:06 pm

Not covered.

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Legal Advice (urgent)

Post by vr55vxr » Wed Oct 11, 2017 5:35 pm

Should always check your spam folder

I would say no leg to stand on, but get legal advice


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Re: Legal Advice (urgent)

Post by robsaboy » Wed Oct 11, 2017 5:46 pm

Seek proper legal advice but you would have thought they would call / text too - were numbers up to date? Involve the ombudsman. Wish him good luck.

Says in their policy booklet:

If we have asked for it, you need to send us proof of your NCD
within 21 days from the start of your policy.
• If we do not receive it we will cancel your policy giving you 7
days notice in writing.
If we do cancel your policy, a cancellation fee will be charged.

What happened to the notice in writing - unless email is in writing / why send a letter if they consider email legal and all fine
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Re: Legal Advice (urgent)

Post by Wayno » Wed Oct 11, 2017 6:53 pm

robsaboy wrote:
Wed Oct 11, 2017 5:46 pm
Seek proper legal advice but you would have thought they would call / text too - were numbers up to date? Involve the ombudsman. Wish him good luck.

Says in their policy booklet:

If we have asked for it, you need to send us proof of your NCD
within 21 days from the start of your policy.
• If we do not receive it we will cancel your policy giving you 7
days notice in writing.
If we do cancel your policy, a cancellation fee will be charged.

What happened to the notice in writing - unless email is in writing / why send a letter if they consider email legal and all fine
We decided to get a solicitor and they are reviewing the case.

No paper warnings or texts were sent, no phone calls made! Looking at the emails as well, they are literally one liners. All his details are up to date! It's also been more than 3 months since he started the policy. No refunds for the full direct debit amount have been returned yet.

Quoting one of the replies earlier 'he's been royally fxxxd'
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Re: Legal Advice (urgent)

Post by NISFAN » Wed Oct 11, 2017 7:43 pm

He needs to speak to the insurance ombudsman. If the insurance company took payment, and didn’t refund then it’s unclear without seeing all the facts.


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Re: Legal Advice (urgent)

Post by vr55vxr » Wed Oct 11, 2017 8:02 pm

Not surprise he has not had a refund yet , insurance was only cancelled 10 days ago. Look in small print probably says something like 30 days for any refunds.


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Re: Legal Advice (urgent)

Post by davidv111 » Wed Oct 11, 2017 8:52 pm

NISFAN wrote:
Wed Oct 11, 2017 7:43 pm
He needs to speak to the insurance ombudsman. If the insurance company took payment, and didn’t refund then it’s unclear without seeing all the facts.


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Didn’t take payment as it’s pay monthly. If it was a yearly amount a refund would be in his card
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Re: Legal Advice (urgent)

Post by Wayno » Wed Oct 11, 2017 9:55 pm

davidv111 wrote:
Wed Oct 11, 2017 8:52 pm
NISFAN wrote:
Wed Oct 11, 2017 7:43 pm
He needs to speak to the insurance ombudsman. If the insurance company took payment, and didn’t refund then it’s unclear without seeing all the facts.


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Didn’t take payment as it’s pay monthly. If it was a yearly amount a refund would be in his card
No. They did take the months full payment 19 Sept- 19th Oct.
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Re: Legal Advice (urgent)

Post by Wayno » Wed Oct 11, 2017 9:57 pm

With some research I came upon this legal advice video which pretty much describes the situation.

https://youtu.be/YJRAvAbl1Oc
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Re: Legal Advice (urgent)

Post by davidv111 » Wed Oct 11, 2017 10:08 pm

Wayno wrote:
Wed Oct 11, 2017 9:55 pm
davidv111 wrote:
Wed Oct 11, 2017 8:52 pm
NISFAN wrote:
Wed Oct 11, 2017 7:43 pm
He needs to speak to the insurance ombudsman. If the insurance company took payment, and didn’t refund then it’s unclear without seeing all the facts.


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Didn’t take payment as it’s pay monthly. If it was a yearly amount a refund would be in his card
No. They did take the months full payment 19 Sept- 19th Oct.
Are you sure the payment on the 19th wasn’t for 1st - 30th ?
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Re: Legal Advice (urgent)

Post by Sonic1506 » Thu Oct 12, 2017 9:07 am

davidv111 wrote:
Wed Oct 11, 2017 10:08 pm
Are you sure the payment on the 19th wasn’t for 1st - 30th ?
Date of payment taken and date payment was for would depend on when the policy is taken out IMO.

If you take a policy out on the 15th, why do you want to give payment to cover 1st to 30th if you're paying monthly? You'd cover 15th - 15th.
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