Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know when your insurance expired please?
Two weeks ago - on 09 September
Alex Watts : Ok then no they can not claim historic fees.
Alex Watts : That contract has ended.
Alex Watts : This is a new contract
Alex Watts : They can not claim retrospective fees where a contract had ended.
Alex Watts : There simply is no power unless their terms allow it which I assume they do not
Alex Watts : The contract is at an ended and so are all the rights and obligations
Alex Watts : Can I clairfy anything for you about this today please?
thank you for this. It is somewhat reassuring. It sounds like I should look again at the small print of the original contract to check their terms - although from what you are saying, I presume it would be unusual to find a clause giving them the right to adjust my premium in retrospect? This seems like a grey area because (as you know) it is a legal obligation to have valid car insurance in the UK. Could they argue that because the paperwork was incorrect, I did not in law have proper insurance, 2011-2013? I also have a concern about the last contract, ie 2013-2014. Although this period of insurance expired 9 September, the phone conversation in which they first said I owed them more money took place about two weeks before that date - ie while that contract was still, just, live. They could presumably legitimately ask for a - very small - adjustment to cover the increased risk of covering me for those two weeks?
Alex Watts : No that is historic so it makes no difference
Alex Watts : The contract has ended, they can not charge retrospective for a terminated contract
Alex Watts : Does that help?
yes, up to a point. Although I have spoken to them again this morning and they are still insisting I must pay. They say it is in their terms and conditions, which I have now looked at. Oddly enough, I can find no reference there to premium adjustments being back datable. I wonder if they are trying it on. I have just written formerly to their "policy quality manager" to ask for clarity - and will follow up with a complaint to the financial services ombudsman if I do not get a satisfactory answer. Thanks for your help Alex