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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Dear Sir, I have entered in to car insurance agreement on

Resolved Question:

Dear Sir,
I have entered in to car insurance agreement on 18th December 2013 for a total amount of £470.49 to be paid £106.26 as deposit and £40.46 in 9 monthly instalments starting from 15 February 2014. This £470.49 includes 389.71 as insurance premium, £23.38 as premium Tax and the balance as interest. But when I check my bank records I notice that bank charge me an amount of £46.11 on 20th January 2014 this is over and above the deposit of £106.26 I paid on 18th December 2013, this is against the agreement I received from the insurance company in writing.

After collecting £152.37 (106.26+46.11)which is 32% of the policy amount in 2 months time they cancel the policy on 23rd February and asking me to pay an additional amount of £112.63.
I have all the documentary evidence to prove my case.

Kindly advise.

Benny Joseph [email protected] XXXXXXXXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask why they have cancelled the policy please?

Customer:

When thy took 46.11 on 20th January and not justify the collection , I stop making the further payment

Joshua :

Thank you. Did you ask them to justify the amount the took? If so what was their response?

Customer:

I sent an email asking them to explain the £ 46.11 and how they account it, they are keep on asking 9 further instalments @40.46

Joshua :

So they don't respond to your question at all?

Customer:

Thy did respond, thy said 46.11 is treated as interest. in this case the total policy cost will go up to 516.60.

Customer:

The Insurance policy cost is £470.49 includes 389.71 as insurance premium, £23.38 as premium Tax and the balance as interest.

Joshua :

Thank you. Finally have you sourced alternative insurance or do you wish to remain insured with the original insurance is possible?

Customer:

Since thy cancel my policy on 23rd February, I have another insurance policy in place.

Joshua :

Thanks. The insurer is only entitled to charge what has been agreed in your original proposal and acceptance and if it charges more then this is a breach of contract and a breach of the direct debit guarantee.

Joshua :

You can initially raise a complaint with the insurer and ask them to account for the apparent error and if they have made a mistake refund any balance owing to you so that you are not out of pocket.

Joshua :

If you are unhappy with their response then you can refer your complaint to the Financial Ombudsman for an independent determination.

Joshua :

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Joshua :

They can independently assess your complaint and award compensation where they find the insurer at fault. Their decision is binding on the insurer. There is no charge for their service.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

you have any office in Cardiff or anybody you could refer in Cardiff to proceed the case

Joshua :

You will not need a solicitor. The Financial Ombudsman deals directly with the public and there are no complicated legal rules you need to follow.

Joshua :

The process is very straightforward.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua :

I am just about to step into a meeting. Is there anything else I can assist you with before I step away?


Customer:

Today I received a letter from the insurer they are sending the debt recovery officer and issuing a summons in the local county court. is this affect our case.

Joshua :

No - if you issue a complaint and subsequently refer the matter to the Financial Ombudsman their decision will overrule and claim by the insurer.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though - with your permission I will respond to you upon my return from my meeting which should last 30-60 mins

Customer:

complaint to whom ?

Joshua :

Sorry for the delay in reverting to you.

Joshua :

The complaint is in the first instance to the complaints department with the insurer. If you are not satisfied with their response then the complaint can be escalated to the Financial Ombudsman as above who can determine the matter and their determination is binding on the insurer.

Joshua :

At that point the Ombudsman will determine if you owe the insurer money or the insurer must pay you compensation based on their conduct.


 

Joshua :

Is there anything else I can help you with?

Customer:

I wish to complaint to fsa ombudsman, did I Inform the insurance company about this, as they are planning for indented legal action against me

Joshua :

My apologies for the delay in reverting to you. In order to pursue a complaint to the financial ombudsman, initially, complaint must be submitted to the insurers complaints department in writing and a response received under the terms of their complaints process. Once you have received their response, you can submit a complaint to the financial ombudsman using the following link:

Joshua :

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Joshua :

is there anything else I can help you with on the above?

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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