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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Taking up a car insurance and your no claim bonus gets to them

Resolved Question:

Taking up a car insurance and your no claim bonus gets to them late does that attracts £397 or has the government given the insurance company the authority to penalize as they want and put people in distress?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Was it a condition of your policy that you provide this within a certain time?

Alex Watts :

How long did you have to give it to them please?

Customer:

no but when they requested for it, i got the letter late and i called them they said i should send it with the next 24hours which i did. They did not specified the time limit to give to them

Alex Watts :

How long did it take you?

Alex Watts :

They accept they have it now?

Customer:

it was then acknowledge that it was received it

Alex Watts :

How long did it take you to send it?

Customer:

i sent it same day within the specified agreed time

Alex Watts :

So they accept they received it within their own time?

Customer:

yes

Alex Watts :

Ok- but they are trying to charge you more or have done?

Customer:

have done putting me in distress instead of £175 they charged my account £587

Alex Watts :

Ok -so they have charged you more?

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Customer:

hello if you are still there

Customer:

am sorry is the computer that went off

Alex Watts :

I am here

Customer:

ok am just going over your response

Customer:

so please what can you now then do for me will you contact them

Customer:

hello

Customer:

are you there

Alex Watts :

No, I cant contact them.

Alex Watts :

This is a question and answer site - sadly we can not do work for you

Alex Watts :

I can only tell you what to do

Customer:

so what do you do for me then

Alex Watts :

I can only tell you what to do - can you not see my response above when I give you the steps?

Customer:

i thought you are going to help contact them

Alex Watts :

I will repost it here what you need to do.

Alex Watts :

The site rules prevent me from acting for you or contacting them]

Alex Watts :

This is a question and answer site only

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.


Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

am disturbed

Alex Watts :

Why?

Customer:

i thought ombudman take charge of issues like this

Alex Watts :

You can complain to the Financial Ombudsman but this can take many months.

Alex Watts :

The court process will be very quick

Alex Watts :

I am sure once you issue proceedings within a few weeks they will pay up

Customer:

is there any chance of winning ? yes they wrote a letter but got it late and a phone call made to them and they said i should pay with the next 24 hrs and i did all to come and swift my account to red is there any justice for me if i go to court at all

Alex Watts :

yes I think you have a very good chance.

Customer:

well i have nothing to say anymore if you think i have a chance to get my money back

Alex Watts :

Yes I really do.

Alex Watts :

It will cost them more to defend it than pay you out.

Alex Watts :

Does that help?

Customer:

you advice i should go to court

Alex Watts :

Write a formal letter first and if no joy then yes

Alex Watts :

Its quicker than the Ombudsman

Customer:

a formal letter to the insurance or the court

Alex Watts :

Insurance

Customer:

can you help me draft how it should be written?

Alex Watts :

You just need to say:

Alex Watts :

You asked me to provide no claims bonus proof by x date.

Alex Watts :

I sent this on x date.

Alex Watts :

You have therefore charged me: £x

Alex Watts :

I wish it is refunded within 14 days

Alex Watts :

etc etc

Customer:

will they refer to the letter sent to me that i got late to substantiate there claim

Alex Watts :

They may or may not. But you just need to ask for the money or issue proceedings

Alex Watts :

Does that help?

Ash and other Law Specialists are ready to help you