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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice
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hello On renewing my car insurance I discovered that

Customer Question

hello
On renewing my car insurance I discovered that last year i had omitted to include a 3pts speeding fine on the policy.This year the company are asking for £750 back dated for the omission and £400 for this year .Is the normal amount.They have said they would reduce the amount by £100 as they took this years premium when I had told them not to as i was going elsewhere which I have done but they still have my money.
Do I have any redress against them taking the money over and above the £100 compensation they are offering
Regards
Mick hazelden
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

how did this come to be omitted?
Customer: replied 3 years ago.

I forgot about the 3point when I renewed last year and then included it this year so it was my mistake .

Customer: replied 3 years ago.

Hello


having admitted i made a mistake in omitting the 3 point penalty ,they are now admitting they were wrong to take my money for the renewal without my permission and admit the initial charge was excessive and also admit they were not very efficient with correspondace regarding the extra payment.


They have now offered to reduce last years outstanding from the original £750 down to £327 ,which I still feel is excessive for 3 points on the licence.


Do I have any chance of reducing the amount.


Regards


Mick

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

You need to be careful with this because they can cancel the policy for misdeclaration as there has been a failure to disclose. If they do that, you will have to report every time you renew your insurance that you had a policy cancelled.

You do not have to accept this or the hundred pounds that they have offered you and you can refer it to the Financial Ombudsman as a complaint.

However, the insurance company is entitled to charge you an extra premium and if you don’t pay they can cancel the policy.

The annoying thing is that if you had declared these three points, provided you already had a clean licence, it would have made no difference to the amount of the premium. The only time it starts to make a difference is if the 3 points takes you to 6 or over.

For this year I would bite the bullet and look around for next year

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Hello


I have already cancelled my renewal with them due to the poor service.They accept this and say they could have done better.


I only had those 3 points on my licence and they told me the premium last year would have been the £750 extra at that point if i had declared it and I told them if i had known that at the time I would not have renewed with them,they agreed with me!


Regards


Mick

Expert:  Jo C. replied 3 years ago.
I can tell you from experience that if these were the only three points on your licence, it would not have made any difference to the premium. It only makes any difference if it increases the points to 6 or more.

If they are saying that with only three points on the license, they would have increased the premium by £750, they are misleading you.

I am assuming that you are not a new driver within the first 12 months of your licence

If you have already cancelled the insurance, you have nothing to lose by making a complaint to the Financial Ombudsman on the basis of the unreasonable premium and lack of service.
Customer: replied 3 years ago.

Hello Jo


Thank you very much for your help ,I will continue my dialogue with them after your assistance. Sadly i have been driving for some 40 years!!


Very best regards


Mick

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello Jo


I have spoken to the Financial Ombudsman and unfortunately he says that Insurance companies can and do charge extra for the first 3 points !!


Best Regards


Mick

Expert:  Jo C. replied 3 years ago.
I am just travelling home at the moment.

Please bear with me and I will respond as soon as possible. Thanks.
Expert:  Jo C. replied 3 years ago.
From personal experience and the experience of many colleagues, whilst the insurance companies can do that, I have never yet known a single insurance company do so.

With the proliferation of speed cameras and radar guns around, more people seem to have points now and not.

I am surprised that the insurance companies have not jumped on this as an excuse to charge higher premiums. But at the moment, they are not doing.

It may mean that the Ombudsman will not deal with it as a complaint purely because the insurance company can do if they wish, even though 99.9% of them never do.

It would not stop me raising a complaint in writing however, complaining that the amount they are charging is completely disproportionate and they are doing it because they have you over a barrel.
Customer: replied 3 years ago.

Hello Jo


thank you for your continued assistance ,I will do as you have suggested.


Many thanks


Best Regards


Mick

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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