credit agreement with insurance providers

[des8]

Re: credit agreement with insurance providers

It took a little while to find it (few years since I was in the insurance game) but your policy is not effective until you have had the certificate or covernote delivered to you.
If you never had the document sent to you, and never authorised the broker to accept one as your agent, your insurance was never effective.
Now hit them with a request for full return of premiums as the insurers were never on risk, and a return of all their charges as they never obtained cover for you as requested. That might shut them up!

Motor Vehicles (Compulsory Insurance) Regulations 1992

Issue and Surrender of Certificate of Insurance and of Security (s.147)
</h2>


<p>
This section states that motor insurance is not effective until a certificate in the prescribed form has been delivered to the policyholder who may expressly or by implication authorise his or her agent to accept delivery of the certificate on his or her behalf. However, an insurance broker will normally be unable to maintain that he or she has accepted delivery of a certificate of insurance as agent for the insured. Nevertheless, where the post is used and is the normal channel of communication between broker and client, then the Post Office is the agent of the policyholder and the certificate is effective from the time it is posted to that policyholder. This section also applies to temporary cover notes.
</p>


<p>
A change to this law has been announced by the UK Government which will allow motor certificates to be issued electronically in the future.
</p>

And this is taken from a 2012 DoT consultation on amending RTA 1988 to remove the need for motor ins. certificates (not implemented)
"Currently, under the provisions of section147(1) and (2) of the Road Traffic Act 1988, a policy of motor insurance is notvalid unless the insurer issues an insurance certificate or a certificate of security tothe policy holder. This certificate can be delivered as a hard copy (usually in thepost) or electronically (via email or the web)."

[des8]

Re: credit agreement with insurance providers

oops double post deleted

[des8]

Re: credit agreement with insurance providers

Update: Section 9 of The Deregulation Act 2015
Effective 30th June 2015 although insurance certificates must still be delivered to policyholders delivery is no longer required for the policy to be effective.

Prior to 30th June 2015 the delivery of the certificate was the trigger point for coverage.

[Hurricane Puffrose]

Re: credit agreement with insurance providers

Des i think i love you!!
how does this sound

Dear Sir/Madam,

With regards to the insurance policy for car reg Beepbeep1, as the insurers were never on risk, I fomally request a return of all their charges as they never obtained cover for me as requested.

Motor Vehicles (Compulsory Insurance) Regulations 1992

Issue and Surrender of Certificate of Insurance and of Security (s.147)
</h2>


<p>
This section states that motor insurance is not effective until a certificate in the prescribed form has been delivered to the policyholder who may expressly or by implication authorise his or her agent to accept delivery of the certificate on his or her behalf. However, an insurance broker will normally be unable to maintain that he or she has accepted delivery of a certificate of insurance as agent for the insured. Nevertheless, where the post is used and is the normal channel of communication between broker and client, then the Post Office is the agent of the policyholder and the certificate is effective from the time it is posted to that policyholder. This section also applies to temporary cover notes.
</p>


<p>
A change to this law has been announced by the UK Government which will allow motor certificates to be issued electronically in the future.
</p>

And this is taken from a 2012 DoT consultation on amending RTA 1988 to remove the need for motor ins. certificates (not implemented)
"Currently, under the provisions of section147(1) and (2) of the Road Traffic Act 1988, a policy of motor insurance is notvalid unless the insurer issues an insurance certificate or a certificate of security tothe policy holder. This certificate can be delivered as a hard copy (usually in thepost) or electronically (via email or the web)."

This has never been sent to me, therefore I was never insured

I require a full refund, including deposit.

[des8]

Re: credit agreement with insurance providers

Why not, a shot across the bows never hurt.

Couple of small changes:
"as they never obtained" to "as you never obtained"
delete all the odd "</p>"
Tell them they have 14 days from receipt in which to respond positively, after which you will escalate your complaint,

[Hurricane Puffrose]

Re: credit agreement with insurance providers

OMG i very nearly sent it with reg BEEPBEEP1 on it!!!

[wales01man]

Re: credit agreement with insurance providers

We are all rooting for you puff go get em

[Hurricane Puffrose]

Re: credit agreement with insurance providers

I aim to Wales love!!!

[Hurricane Puffrose]

Re: credit agreement with insurance providers

no news on a breakdown of charges, which considering I cancelled the policy on Monday and had a demand for payment via recorded delivery on Tuesday seems rather amusing!!
Email was sent last night, no acknowledgement.. I may have to start sending REMINDER, URGENT DOCUMENTS OUTSTANDING emails to them.. strictly for my own amusement!!

[Hurricane Puffrose]

Re: credit agreement with insurance providers

just recieved

Please find below a breakdown as requested.
If you would like any further clarification then please call into the office.

Cancellation Breakdown
Total premium	£600.00
Return premium from insurer	£420.00
Time on risk charge	£180.00
BrokerCommission	£63.00
Total Cancellation charge	£70.00
Set up fee	£45.01
MTA Admin charge	£0.00
Interest	£0.00
Total Payable	£358.01
Deposit / Initial Payment	£161.25
Total paid by instalments	£0.00
MTA deposit	£0.00
Total Paid	£161.25
Balance Owed / Return	£196.76
	Red equals debt

[Hurricane Puffrose]

Re: credit agreement with insurance providers

I am thinking something along the lines of

I dispute the said charges as *insert details Des kindly found me" and as such, legally no agreement was set up therefore no set up fee can be charged, no risk can be charged as the insurers were never at risk and I never legally recieved a service from yourself.

This put me at risk of criminal prosecution and the loss of my vehicle due to no cover,.

At no time did i give permisson for you to withhold the covernote or keep it as my agents.

I now require a full refund as no covernote was sent to me.

[des8]

Re: credit agreement with insurance providers

You might consider turning it round, and accuse them of misrepresentation.<br>
They put themselves forward as intermediaries to obtain vehicle insurance for clients.<br>
You requested they do this.<br>
They claimed to have effected such insurance cover, following which you paid a deposit of £x.<br>
In fact as no cover note nor certificate was ever delivered, no such policy was ever effective (as per <font color="#000000"><span style="font-family: monospace">Motor Vehicles (Compulsory Insurance) Regulations 1992 sec 147)<br>
As underwriters were never on risk, and they misrepresented what they would do (arrange your insurance) you require return of your deposit within 10 working days, and you have no intention of paying their further f*****g charges.<br><br>Or a medley of both<br>
<br>
But in any case I don't see you paying up, but how about claiming against them?</span></font>

[Hurricane Puffrose]

Re: credit agreement with insurance providers

that was gonna be my next question.. should i put in a claim?

[Hurricane Puffrose]

Re: credit agreement with insurance providers

dear sir/madam,

with regards to your recent breakdown of charges, I dispute these as I feel you have misrepresented me.
You put yourselves forward as intermediaries to obtain vehicle insurance for clients, which I requested you to do.

You claimed to have effected such insurance cover, following which you paid a deposit of £167.00
In fact as no cover note nor certificate was ever delivered, no such policy was ever effective (as per Motor Vehicles (Compulsory Insurance) Regulations 1992 sec 147)
As underwriters were never on risk, and you misrepresented what you would do and therefore require return of your deposit within 10 working days, I have no intention of paying their further charges as you have not provided me with the service I requested.

I will also be claiming *help* in compensation for my time and stress caused as you have left me at the risk of criminal prosecution due to you not supplying me with the adequate cover details.

[des8]

Re: credit agreement with insurance providers

dear sir/madam,

with regards to your recent breakdown of charges, I dispute these as I feel you have misrepresented me.
You put yourselves forward as intermediaries to obtain vehicle insurance for clients, which I requested you to do.

You claimed to have effected such insurance cover, following which I paid a deposit of £167.00
In fact as no cover note nor certificate was ever delivered, no such policy was ever effective (as per Motor Vehicles (Compulsory Insurance) Regulations 1992 sec 147)
As underwriters were never on risk, and you misrepresented what you would do I therefore require return of the deposit within 10 working days, I have no intention of paying your further charges as you have not provided me with the service I requested.

I will also be claiming *help* in compensation for my time and stress caused as you have left me at the risk of criminal prosecution due to you not supplying me with the adequate cover details.

Corrections in red ink (I always wanted to be a teacher!) and I personally wouldn't yet start talking about compensation and problems caused by no cover, If there had been an accident and proof of cover had been required a certificate , or a letter of indemnity would have been produced. I just feel it's better not to point them in that direction, but there could be other opinions!!