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Car nsurance cancelled due to change of address resulting in conviction

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  • Car nsurance cancelled due to change of address resulting in conviction

    Dear all,

    I am writing this on behalf of my brother who has ended up in lot of hassle following a small mistake. He had his car insurance with Bell for few years. Insurance was renewed automatically and the annual premium was taken as lump sum in Oct last year. He is in training and has to keep moving every six months. He moved to a new rented accommodation about 20 miles away from original address and as happens, forgot to inform the insurance company. He had this 'Black Box' installed in the car when policy was started to bring the premiums down. Apparently it has also got a location tracker and when company found out that car was being parked at a new address, they sent letters to his original address asking about this? My brother didn't have any postal redirection so these letters went unanswered. No attempt was made to send an email/call him by the insurance company.

    They eventually cancelled the policy charging an hefty 200 pound cancellation and refunded 150 pounds to my brother's account. He noticed this refund and assumed it to be some sort of discount from the company. He was stopped by police in April for not having insurance, who called up the insurance company and that was first time he came to know about policy cancellation.

    Car was towed away and he had to pay 250 pounds to get it released the next day. He had to buy a 'Special Insurance' to get the car out of impound itself as normal insurance wouldn't cover such an eventuality. This was about 300 pounds for for 4 weeks. He was sent a penalty charge for 3 points and 300 pounds by the police which he has obviously declined and case has now gone to court but we are still waiting to hear from them. In the meantime, options for insurance have obviously narrowed as he is now considered to have this 'conviction' despite the case still ongoing. He had to pay 1500 pounds for insurance premium, more than double to what he was paying previously.

    I also wasn't aware the 'Driving without insurance' is considered an absolute offense. As a matter of fact, I also drove his car few times as my insurance covers me to drive other cars. Apparently both of us would have got penalties, in case I was stopped by police at the time.

    I am so surprised that such an simple error on his part has ended up wasting so much money and he might end up with a criminal record because of this! He did make some calls to the insurance company about not contacting him before cancellation but they simply washed off their hands by saying that it's company policy not to call/email people in such a situation.

    I was wondering, if any other members have been in a similar situation or heard about outcome of such a case from court?

    Could someone share their suggestions as to the responsibilities of insurance company in contacting him, when they had all his details? How should he proceed with regards to court hearing, when he eventually gets a date?

    Looking forward to some helpful advice.

    Thanks in advance.
    Tags: None

  • #2
    Re: Car nsurance cancelled due to change of address resulting in conviction

    tagging [MENTION=39710]des8[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    But please include a link to your thread so I know who you are.

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    • #3
      Re: Car nsurance cancelled due to change of address resulting in conviction

      Thanks Kati.

      Comment


      • #4
        Re: Car nsurance cancelled due to change of address resulting in conviction

        Hi and welcome.

        Sorry to say, but your brother will probably have to suffer.

        It is imperative that insurers are informed if you move house.
        Premiums are calculated on your postcode and so a move just down the road even, can make a difference (up or down!)
        Similarly if (without moving house) you take to parking your car overnight at somewhere different you must tell your insurers.
        Because of the tracker the insurers noted the change, tried to contact your brother.
        He didn't get the letters, but that was his fault, not the insurers, (who would not know he wasn't getting the letters - perhaps he was ignoring them).

        HOWEVER because car insurance is so important the insurers should ensure that the insured is aware that the policy has been cancelled.
        You could possibly argue that as the tracker was fitted the insurers should have realised what had happened, and that they didn't take sufficient steps to trace him.
        Strictly that is not necessary but........
        If he was paying monthly for his policy they could possibly have contacted him via the bank
        You say they had all his details.... did that include 'phone numbers/email address/work address or w.h.y.?
        If so they should have tried contacting him via those means.
        If they didn't he MIGHT have a claim against the insurers for failing to take all necessary steps.
        Presumably they would have continued covering him if he had informed them of the circumstances.

        I don't think that going to court was a wise choice.
        Driving without insurance is, as you point out, an absolute offence.
        He was driving without insurance (albeit unwittingly) but it was his responsibility.
        It is doubtful that he will be able to get a letter of indemnity from the insurers before the court hearing, because they are unlikely to give in without a court order

        To be any more definite would need to see copies of his proposal form and full policy wording.

        Comment


        • #5
          Re: Car nsurance cancelled due to change of address resulting in conviction

          Thanks des8 for prompt reply.
          Yes they had his mobile number but never called. Apparently email id they had was the wrong one but didn't tell him which one they had!

          He only has the policy documents from 2014 because the documents sent last year went to the previous address.
          He did contact current resident back in April but they said they threw all the post away!

          We did speak to one of those motor offense lawyers that call up for a 20 min consultation but that was mainly about criminal conviction charges.

          How long do you think this charge will continue to affect his insurance premium?

          How do you think we should proceed from here?

          Thanks

          Comment


          • #6
            Re: Car nsurance cancelled due to change of address resulting in conviction

            About 'going to court' option.
            He was just so shocked out of the whole experience and we found it so hard to accept that for such a small thing, he could end with a criminal record. Both of us felt, at the time that judge might look at the case favorably as penalties involved seem so harsh. Money of course is one thing but we were worried about the 'Criminal Record; and that seemed the only viable option to contest it.

            He still thinks that court will take lenient view of what happened but I am not so sure, hence decided to post here to get advice.

            Comment


            • #7
              Re: Car nsurance cancelled due to change of address resulting in conviction

              Having cancelled his insurance did the insurers ever refund any of the premium?

              An IN10 (driving uninsured) is not the best conviction. Some insurers won't even quote, others will require exorbitant premiums.
              Some will disregard it after 3 years, others 5+.
              All he can do is to search the market, possibly even approach a local high street broker who can negotiate directly with insurers and explain the situation.

              He should attend court, dressed suitably, be contrite and explain what happened, and express surprise the insurers did not attempt to contact him by phone.


              It might be worthwhile contacting FOS with a complaint that the insurers did not make sufficient effort to contact him, and possibly argue that the change in area where the car was kept would not have caused an increase in premium (you can check that by getting online quotes from insurers for the different postcodes.
              Sometimes the FOS find in favour of the insured, and this might get him some sort of rebate.

              If he had accepted the FPN he would not have a criminal record, but by opting to go to court, if pleading guilty or found guilty, that's marked his card.
              Court fine can be upto £5000 (based on a percentage of income) with 6 to 8 penalty points.
              If he can find a good motoring solicitor he might be able to lessen the penalty by pleading special reasons.
              This would probably be centred on the failure of the insurers to notify him.
              This is not an easy or cheap option to argue, but might be worth considering if he is in danger of losing his licence if it is necessary for his employment.
              Last edited by des8; 12th October 2016, 22:03:PM.

              Comment


              • #8
                Re: Car nsurance cancelled due to change of address resulting in conviction

                Yes they refunded 150 pounds but also charged a hefty cancellation of 200.
                My brother noticed this on his bank statement and assumed it to be some sort of refund for 'driving safely/having the black box'.
                To be honest, I have not even heard or read of something like this happening to anyone I know. Genuine mistake ending up such consequences!

                His current premium is 1500 pounds almost 2.5 times the previous one. Thanks for the high street broker suggestion, will try when this for renewal, which is due next April.

                Do you think we should contact FOS directly or this can only be done after we write to Bell?
                He did speak to Bell but they weren't terribly helpful, this put him off writing anything to them.

                Comment


                • #9
                  Re: Car nsurance cancelled due to change of address resulting in conviction

                  In cases like this never speak... always in writing.
                  You need to get a final letter from Bell before approaching FOS

                  Comment

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