Defence written "without prejudice" - will a small claims court judge accept this?

[MaryS57]

Hi again.

I have now received the Court Order (paper doc) for the Defendant to pay me £8800 for the caravan (market value) plus £1216 costs (total £10016) on or by 7th April 2025, And the caravan is to be returned to the Defendant.

The caravan insurance on this caravan runs out on 29th March at 23.59. The insurance renewal for the whole year (until 29th March 2026 at 23:59) = £124.

I have just rung the insurance broker company (an online company) and told them I only need insurance until end of 7th April (i.e. within 14 day cooling off period) .

They have told me they will deduct from my refund their insurance £20 set-up fee and £22.40 minimum insurance charge. i.e. total £40.40.

I mentioned the 14 day cooling off period (assuming there will be no claims in that first 14 days).........but the insurance online broker was having none of it.

Am I being scammed here or can the broker do this, please??. What are my rights?

Many thanks again.

[MaryS57]

p.s Only 12 month policies are available i.e. no short-term ones.

Copied below are the terms and conditions for the insurance renewal.

Within the 14-day cooling off period
The insurer of your main policy will make a reasonable charge for the time you have been on cover if your policy is cancelled during a period of 14 days either from the day of purchase of the contract, or the day on which you receive your policy documentation; whichever is later. For supplementary covers that are cancelled during this period, the full premium will be returned by the insurer providing no claim has been made. Commercial customers may not be eligible to receive a 14-day cooling off period; your policy booklet will state whether this cooling off period is applicable to your policy. Short-term policies lasting less than one month are not entitled to a cooling off period.

After the 14-day cooling off period
Upon cancellation, insurance companies apply cancellation charges as set out in the policy booklet provided alongside your main policy. Some policies do not return any premium, while other policies apply short term charges that are not proportionate to the annual premium, or pro-rata charges that are proportionate. You should refer to your policy booklet for applicable charges. These charges form part of the contract offered and are applied by the underwriters and not us.

[Pezza54]

Have you agreed with the dealer that the caravan will be exchanged on the same day they pay your money?
If not, are you in a position to return it before 29 March? Once the dealer is in possession you could cancel your insurance

[Pezza54]

Have you agreed with the dealer that the caravan will be exchanged on the same day they pay your money?
If not, are you in a position to return it before 29 March? Once the dealer is in possession you could cancel your insurance.

[MaryS57]

Hi. The Defendant dealer did not respond to any of my emails - so I took out new caravan insurance paying monthly by credit card. I bought direct from an online insurance company, so no broker involved.

On the final day for the Defendant to pay up as stipulated in the Court Order, I sent a strong email saying if they did not pay to my bank account that day I would immediately escalate it to the High Court Enforcement (who I had already contacted and found a local helpful Enforcement officer). I outlined in my email the extra costs the Defendants would incur.

The Dealer has around £30-50K's worth of caravans sitting on their forecourt and a workshop full of tools behind that. At the 11th hour, the Defendant dealer paid up in full, and the defective caravan is now back with them. So no Enforcement Officers were needed.

I have subsequently cancelled the caravan insurance, and because it was within the 14-days cooling off, they have promised me the return of my paid premium in full.

[MaryS57]

The whole thing has felt like one massive assault course - but I am glad I survived, right through to the bitter end (the Defendants strung it out so much).

I was impressed with the judge we had. She was clearly on top of the details in this case and relevant case law.

Thanks again for your help.

[Pezza54]

That's good news
All's well that ends well
Getting your money back plus costs probably doesn't compensate for the hassle and stress from 2 years of the court process

[MaryS57]

Agreed, it doesn't compensate for the huge hassle and stress I (and family) have suffered but the main thing is we weren't shafted and left with an ultimately rotting/unsafe caravan, so justice was served I feel.

I am on a UK caravan forum and can help others struggling with poorly made caravans from this same manufacturer.

The Defendant dealer paid after 42 days from the date of judgment - so their CCJ may remain on their record (albeit marked "satisfied" ?). But that was their own choice and doing; they should have settled much earlier!

[Pezza54]

Had the defendant paid within 30 days they could have had it removed from the register