is it legal for a company to take money from your bank account when you have told them not to as you dispute the invoice?
and any info or advice on what I should do as in disputing the charge would be great.
they cancelled my insurance as they disagreed with my proof of no claims bonus. I did not make any kind of claim on my previous insurance policy with another company, however I was hit by a third party in the rear, which I dealt with myself with the third party's insurers, and I was unlucky to have my house broken into last year where they stole my keys and stole my brand new van I brought 6 wks. earlier.
the police found and returned my van, without a scratch on it , 24 hrs later.
so in no way did I ever make a claim for anything during my policy,
however after I had taken out a new policy with the rac, I received my proof of no claims through the post, which listed both items listed above as "claims/accidents/ incidents under this policy". the rac then wanted an extra £150.00 because of this, they agreed with me that it isn't a claim, but told me I had to get my previous insurers to remove it.
after contacting my previous insurers, they refused to remove these two items, so I then rang the rac back and was then told it would now be £350.00 extra, when I refused this charge, they emailed me a cancellation notice to inform me that in 7 days, the insurance would be cancelled. I then got new insurance with Aviva no problem, then I got a bill for cancelling my insurance. I tried to reason with them, even after telling them I had proof that they cancelled the insurance, they still claim it was me who cancelled it. they did however reduce the cost from £130 - £80.
the rac list the reason for cancellation as, non disclosure of material facts.
for the record, I never lied, they asked in their insurance form, have I had any claims in the past 5 years, for which I have not. and never cancelled anything. it was me who picked the rac with their recovery service etc.
also after speaking to Aviva, whom are my new insurers, they said as it wasn't a claim, ie, no money was paid out, it should not be on my proof of no claims bonus form.
I said I had 9 years proof of no claims discount, which I do.
these two incidents were not claims in anyway shape or form.
I did not tell the rac about these as I didn't know they were going to be on my no claims form, as I had not made any claims. I made no claim, I received no money, neither did anyone else.
no claim was made regarding these two incidents with my previous insurance company.
yes I advised them, as per the terms of my insurance. but at no point did I say or start a claim, no forms or paperwork of any kind.
I am not an expert, that's why im talking to you, but I thought a claim was something you did if you wanted a pay out or compensation, which I didnt
In circumstances like this you have to advise an insurance company (the old co) of any incidents, however what you do is advise them “for a information only, not a claim”.
The reason behind that is that even though the insurance company may not pay out perhaps because the incident is not your fault or that you deal with it yourself in the end or the other insurance co pays out, you have a no claim bonus not a no fault bonus.
RAC however liberty to charge a higher premium as a result of these incidents if they were on duty to report them to your new insurer as incidents which were advanced to your insurer “further information only”.
The complaint here is against insurance company not RAC because RAC are simply going off what it says on the proof of bonus, that you had a claim on their treating it as nondisclosure.
Take your bank account the authority and need to speak to your bank about this to get the money clawed back from RAC.
Then, make a complaint to the Financial Ombudsman Service about RAC levying the cancellation charge, about the old insurance company putting a claim on your proof of bonus when there was no claim, asking for the cancellation of insurance to be removed from the record, and finally, to get a from both companies any extra premium that you had to pay as a result of their actions.
Can I clarify anything for you?
while chatting to you I have looked again at the proof of no claims bonus I was issued and it says exactly
claims, accidents or incidents under this policy
date description ad cost tp cost fault
25/4/14 theft vehicle recovered £0 £0 no
18/6/14 tp hit driver in rear £0 £0 no
under this policy means to me exactly that. I had no claims under this policy.
also says, cost and fault , which says £0 and no.
isn't this whole issue about claims?. whilst filling in the form on the rac
insurance form it says, have you had any claims in the past 5 years, which I answered no. that is true isn't it?
many thanks for your help, much apperaited