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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
On what basis under Data Protection are they refusing please?
What part are they saying they can not realse it?
WHAT? I've just paid £33 for that? The dispute is over £85 and a principle.
Indeed. You have not paid anything yet as I have not given you an answer.
Did you cancel the policy with them please?
Who? The previous insurance company? YES.! That is why their nose is out of joint. I told them I was canceling and why. Canceled direct debit so they couldn't TAKE any funds without permission.
I can understand that this is very frustrating.
Time I imagine is against you and the legal process can be a little slow.
But I will outline what you can and can not do.
The Freedom of Information Act does NOT apply to private companies like insurance, so you can not use that. This is because it applies to organisations like government and Councils.
Data Protection Act does apply to you and you can request copy of data that applies to you.
They can charge £10 for this but in law they can take up to 40 days to supply the documents.#
However you can ask for the documents and if they refuse you can say you will take them to Court.
You would need to complete form N208 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf and submit it to your local County Court.
You would seek an order that they 'deliver up' the require proof of no claims.
The Court would send them a copy of the claim form and they would be a limited time to defend it, if not then the Court would list the matter for hearing and not allow them to participate.
If they do defend it then the Court would set the matter down for trial. This could be 3-4 months after.
The other option is to complain to the Ombudsman. They are independent and can examine any complaint for you.
Their website is at: www.financial-ombudsman.org.uk - but again this process would take time.
In short the timeframes are:
1) Data Protection Act - 40 days
2) Court (if not contested) 1 month, if contested 3-4 months
3) Ombudsman - several months depending on workload.
I realise these times are not ideal as time is of the essence.
So what you COULD do this pay the £85 under protest and then issue a small claim for the return of that £85.
This would be the quickest way and allow you to insure you car with no claims you have and deserve but also does not prejudice your position against bringing a claim against the old insurance company.
Can I clarify anything for you about this today please?
I realise this may not necessarily be the answer you want and it is certainly not the one I want to give, but I have a duty to be honest as I know time is against you.
If this answers your question I hope my service has been excellent today, if you need more information or help then please click reply.
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