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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice
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Madam I have a despite with a company based

Customer Question

Dear Sir / Madam
I have a despite with a company based in Harrogate The Harrogate Driving Company Personal Chauffeur. In brief the gentleman who owns the business has an insurance policy that covers drivers to drive clients vehicles up £100k or so he says. I am contributing £3k per year for the privilege of work driving clients nation wide for an hourly rate of pay but after asking for a copy of his insurance the man in question to provide for my records to reassure clients that we are actually insured and what cover do we have. Third party, fully comp, windscreen damage and public liability and if I had an accident would it affect my own no claims. I am worried as you either need a Vosa certificate or private hire licence which I gave for my own seven seater vehicle. The gentleman has instructed a solicitor as I am not paying owed funds until I receive a copy of the insurance certificate with named drivers included. It is my intention to pay once info has been received.
What would your advice be please
Regards *****
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.
Hi am I in titled to a copy of the insurance that covers myself and clients while driving clients own vehicles ?
Customer: replied 1 year ago.
What would / could the solisitor actually do if I don't pay re not been provided with a certificate of insurance. What would be the laws process be ? Small court etc
Customer: replied 1 year ago.
Hi Jo what is the law regarding chauffeuring hire & reward ? Did you get my last questions not heard anything back yet I hope this is not a con sorry just very sceptic???
Expert:  Jo C. replied 1 year ago.
Sorry but I'm not sure whether you are asking about the certificates or whether you need hire and reward?
Customer: replied 1 year ago.
Ok both, basically The Harrogate drives clients cars up to the value of £100k which I was a driver, driving clients in there own vehicles all over the UK with an hourly rate applied but I never got a copy of the so called insurance certificate after asking on a number of occasions.The Harrogate Driving Company makes a substantial living out of driving clients cars, he states he has an insurance policy up to the value of £10k but I have never received a copy to show that I was actually insured.
Expert:  Jo C. replied 1 year ago.
Sorry, can we just be clear about this?
They are driving the cars of their clients?
Or cars owed by the company?
Customer: replied 1 year ago.
Both clients company cars and private clients cars both business and pleasure. As I first mentioned I paid £3k towards the £10k insurance policy of which I have not received a copy of the insurance certificate and I want to no should I pay the balance of £1500 towards the insurance of The Harrogate Driving Company until a document is produced. Secondly in accordance with the law is The Harrogate Driving Company operating legally. The Driving Company has instructed a solisitor to retrieve the outstanding balance but I am refusing to pay until proof I was covered to drive clients vehicles. Hope this is clear
Expert:  Jo C. replied 1 year ago.
Well, there are variety of issues involved in that.
Firstly, you are entitled to a certificate. However, if you refuse to pay the balance they will just cancel your insurance and then you will be uninsured which would bring an end to your business at least for a short time.
A better option would be to pay and complain to the Ombudsman if they refuse a certificate. It won't come to that anyway.
It is surprising they are bothering with a solicitor when they could just cancel the policy.
In terms of whether they are operating legally, I'm afraid I will need to understand what is the nature of this business. They are just chuffeurs effectively?
Customer: replied 1 year ago.
Hi jo it's not the insurance company who has employed a solisitor its Mr John Cumbers from The Harragate Company who owns the Chauffuering company, basically I paid him £300 per month for the privelage of driving his clients both business and pleasure throughout the UK for an agreed hourly rate of pay. I asked Mr Cumbers for a copy of the insurance policy back in June 2015 which has not materialised so I have had a solisitor so letter demanding I pay him which then brings me onto the previously mentioned point is he operating legally as why would not give him a copy of the insurance certificate incase I had an accident or get stopped by the police.Mr Cumbers drives for an hourly rate charging his clients but driving there own company or private vehicles, if he gets multiple jobs in any given working day he would call drivers like myself to ensure he meets clients requests again drivers who drove for Mr Cumbers The Harrigate Driving Company would then invoice Mr Cumbers let's say 10 hours @ £12 per hour. I no longer work for Mr Cumbers on the advice of one of my own clients.
Expert:  Jo C. replied 1 year ago.
Ok.
I am just about to travel home but I will be able to look this up in about an hour and a bit if that is OK?
Customer: replied 1 year ago.
Ok just so stressed with it all thank you Jo Phil
Expert:  Jo C. replied 1 year ago.
Hi. I'm back.
Does John Cumbers source the clients for you? So he provides clients and nothing else?
Customer: replied 1 year ago.
Hi Jo he provided clients initially then any new clients I brought were passed onto John Cumbers. As stated my grave concern was I actually insured and was he oporating legally re my previous posts to you.
Expert:  Jo C. replied 1 year ago.
And just for clarity, he should provide the insurance?
Customer: replied 1 year ago.
Yes but never did, Mr Cumbers came to my door thrust the insurance document in front of me I took hold of the document but he pulled it away and said I could not have a copy of the insurance certificate. This is why I am refusing to pay Mr Cumbers my percentage of the £10k. I personally think he has something to hide.
Expert:  Jo C. replied 1 year ago.
Actually if those are the facts then I do see your point.
Apart from anything else the obligation is yours to satisfy yourself that you are insured and you can't do that at the moment.
I wouldn't worry about the fact that he has a solicitor. That doesn't mean he is going to sue or that he will win.
Another option is to tell him that if he doesn't provide you will self insure and sue him for the cost but there are risks in that.
Customer: replied 1 year ago.
Could we counter claim if that is the right wording however is Mr Cumbers actually oporating legally re his business model re hire and reward.In relation to your last message what would you suggest I do next as I don't have a solisitor, would I be ok emailing Mr Cumbers solisitor direct and what could I say using the right wording please. No problem if you can help or advise.Regards Phil
Expert:  Jo C. replied 1 year ago.
No unless you suffer loss.
But I do think that you have a legitimate concern as you would need hire and reward rather than just general insurance.
You can email him directly. I think actually I would contact him directly and just say that you will be delighted to pay when you receive a copy of the insurance certificate that deals with your anxiety that you may be uninsured.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Jo I have emailed Mr Cumbers solisitor direct stating I am happy to pay once I see a insurance certificate. What would be the worst case sinario for me I.e small law court, ombudsman or other channels Mr Cumbers solisitor might take.Thank you & kind regardsPhil
Expert:  Jo C. replied 1 year ago.
Thanks.
Remind me of the amount?
Im happy to continue with this but please rate my answer.
Customer: replied 1 year ago.
£1500 I still owe
Expert:  Jo C. replied 1 year ago.
This is only a small claims court sum so costs will be very low.
Less than £200 all in.

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