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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received a letter saying that I am being took to court

Resolved Question:

I have received a letter saying that I am being took to court for non payment on insurance for a car that I do not have. I sold the car last year told the insurance company they wanted me to pay up front the money left on the insurance at the time I could not afford this so I let it be taken out on a monthly basis. I informed them that I had moved and gave them my new address, of which they acknowledge. I then found out after check my back statement that they had continued to take out payments for a renewal. They said I had not contacted them to cancel the contact so it was automatically renewed. I told them I did own the car I had informed them I had moved home and yet they still continued to send information to my old address, I received an e-mail from a solicitor saying that I am liable for court action for non payment of this insurance I explained it to him he said if I am taken to court I will lose because I accepted the insurance renewal. I have had no correspondence via letter only two by e-mail. The solicitor asked if he should update my address I said why should you when the insurance company could not be bothered even though I received notification that they had the new address. They have now given me seven day to pay over £400.00for a car that I do not have otherwise court proceedings will follow can you advice me what to do

Kind Regards ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Did the policy have an automatic renewal clause? Have you written and made a formal complaint please?

Alex Watts :

Just to confirm the insurance was renewed when you did not ask for it?

Customer:

Hi sorry I have been on the phone to these people they said I contact them in June 2013 to let them know I had moved and to ask for a quote on another vehicle, of which o did not accepted they told me that they could reduce it by half which was stll over a thousand pound, because they never heard from me they said the other policy continued the renewals were sent to my old address and because I never reply back they automatically renewed it. I now have this debt company (not Solictor) telling me I owe £414.81 for

Customer:

a car that I do not have and that it has to be paid within 7 days

Alex Watts :

I see.

Alex Watts :

If you didn't ask for it to be renewed then you should not have to pay for it

Alex Watts :

Why should you pay for something you never wanted and never used?

Alex Watts :

You should write and make a formal complaint

Alex Watts :

They will investigate and report back to you

Alex Watts :

If you are not happy with the response then you can complain to the Financial Omnbudsman

Alex Watts :

They investigate complaints of this nature

Alex Watts :

Their website is: www.financial-ombudsman.org.uk

Alex Watts :

But if you did not ask for it, did not want it and did not use it then you are not liable

Alex Watts :

They should make sure they make all reasonable efforts to bring onerous terms like renewal to your attention

Alex Watts :

They did not

Alex Watts :

Can I clarify anything for you?

Customer:

they said that I have to pay because I did not tell them I did not want it even though I have a printed letter from close premium finance on the insures headed paper that they change my address. the policy is now cancelled but they say I stll have to pay silvermans

Alex Watts :

No you do not

Alex Watts :

The law is on your side

Alex Watts :

Even if they took you to Court it would be a small claim, so you dont need to worry about legal costs

Alex Watts :

Can I clarify anything else?

Customer:

should I go to my solicitor and get them to send a letter to them they would a better understanding than me to put in the complaint

Alex Watts :

You dont need a Solicitor, you wouldnt claim that cost back

Alex Watts :

You should write yourself and take those steps

Alex Watts :

Does that help?

Customer:

who is it I write to the insurance company now say it is nothing to do with them.

Alex Watts :

You do it as they caused the issue

Alex Watts :

But copy to these Solicitors

Alex Watts :

Does that help?

Customer:

should I cc the debt company has they want the money in 7 days

Alex Watts :

Yes I would

Alex Watts :

But the original insurers must deal with it

Customer:

ok thanks

Alex Watts :

Can I clarify anything else?

Customer:

no that's all

Alex Watts :

If I could invite you to rate my answer before you go today

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Customer:

ok

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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