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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69992
Experience:  Over 5 years in practice.
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Our business vehicle insurance was cancelled on Christmas eve

Customer Question

Our business vehicle insurance was cancelled on Christmas eve with no notice other than a signed for letter. We signed and they rang around 10am to say signature was the point of cancellation but this left 4 employees out on the road without cover. The cancellation was due to non disclosure, however we offered the disclosure of information when asked after nearly three years with nfu and no missed payments and no claims. We had 4 CCjs in that time and when I asked to transfer to a fleet policy I told them as requested. Are they within their rights and is this legal or just irresponsible. No idea what to do now as we have in insurance and may have to close the business.
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am not sure how the CCJs relate to the no insurance?
Are you saying you did send them the required information?
Customer: replied 2 years ago.
Yes when I made the call to change the policy to fleet from 5 individual policies I was asked if we had any. I said we had some on our previous company but that we had changed the company name also. and I got a letter about 8 weeks ago asking for more detail which I sent and I asked if they neede more info and got no reply until this revoked policy on Xmas eve morning which was just disgusting and dangerous.
They now want to refund all our payments but that's not the point.
Expert:  Jo C. replied 2 years ago.
Sorry if I am missing the point but what was the danger?
Customer: replied 2 years ago.
They left our drivers out on the roads uninsured as we could not contact them all immediately. As soon as we signed for the letter the policy was revoked with no notice at all and now our business cannot trade tomorrow unless we can get other insurance.
Expert:  Jo C. replied 2 years ago.
I am really sorry but I am afraid there isn't a cause of action arising from that.
They notified you. Thereafter it is for you to contact your employees. The fact that you could not is not of their creation.
If your complaint is the fact of the cancellation then you could report that to the Ombudsman. It depends what they say about the missing information. If they accept that you did disclose in good time then the cancellation wasn't warranted. If they do not then it was. Either way though, the only due amount is the sum that you paid. It hasn't created any other actual loss. I suppose if you had to pay an additional amount to be insured elsewhere you could try to argue they are liable for the difference on the basis of breach of contract essentially.
If your primary complaint though is that they revoked and that caused you difficulty then I am afraid that is not unlawful. Usually they do not even send cancellations out by recorded delivery. They just send out notification by ordinary first class post and that has been deemed reasonable.
It is difficult to predict the ground of their objection here. They may be saying that you didn't disclose the CCJs or not properly. They may also be saying that upon full disclosure you had more CCJs than they found acceptable. Some companies do have that policy. I would ask them to be clear upon that and get them to set it down in writing before complaining to the Ombudsman.
Sorry if that is bad news but I have to give you truthful information.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69992
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.
Which ombudsman please. The insurance ombudsman won't handle as we have more than 10 employees
Expert:  Jo C. replied 2 years ago.
If the insurance ombudsman won't become involved because you are a business not a consumer then that avenue is closed.
To be wholly honest, they are not often a particularly powerful group anyway.
Alternatively you have a claim for a refund obviously. You could sue for the difference in insurance prices but before you issue I would get to the bottom of the basis for their cancellation. If it is the CCJs then they are free to do that.

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