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Ash
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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MadamMy question is with regards ***** ***** dispute I

Resolved Question:

Dear Sir/MadamMy question is with regards ***** ***** dispute I have with my insurance. I renewed my insurance with Bell Insurance company on 16 of January 2016. I sold my car on 15 of March 2016, however, when I called the insurance company to cancel my policy, I was told that I have to pay the remaining balance of £970 as I had an open claim. I did an online research and found out I have to pay this remaining balance, as I was apparently agreeing to be in year contract.so I did pay this amount, and was told that if i get a new car within 45 days, I will receive a refund if the cost of insurance for the new car is less than £970. I was trying to get a new car but it would not arrive until July 2016. So I decided to buy a cheap car that would cost considerably less to insure and get the refund from the insurance company. On Friday 8 of April 2016, I called the insurance company to get a quote for the £500 car I was looking to purchase. I was told that it would cost me £650 to insure the new vehicle and I will receive around £319 in refund. Thus, I went ahead and purchased the car on Saturday 9 of April 2016. I called to insure the car and I was told that the quote was wrong and it would only cost £300 to insure this £500 car, which seemed more reasonable, but would only receive £304 in refund. This was a cause of concern because the difference was more than £600 and they were telling me I would only receive £304 back. So when I got home I called back, and this time they said "sorry, it was a mistake on our part and because you have an open claim you will receive NO refund". As you can imagine this was a cause of significant concern for me and hence I demanded to talk to the manager, but I was told they were closing soon and would give me call back on Monday 11 of April 2016. My question is providing that they have provided wrong information three times; once on 15 of March 2016, again on 8 of April 2016 and on the morning of 9 of April 2016, what grounds do I have to take the Bell insurance company to court? As you can imagine I would not buying this cheap car if I was not told that I would get a refund. I even confirmed it the day before the purchase and I was again told that it was ok. Furthermore, they were going to give me £304 back on the day. but suddenly they came up with this new law that does not allow refunds on open cases. I have written down the name of the person I talked to on 8 of April that confirmed I was entitled to a refund, but I did not record the call. I believe they record all conversations but It seems very unlikely that they will provide them in the court. So could you advice me what to do next?With regards
Amir Jamaly
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Are you asking if you are able to recover?
Customer: replied 1 year ago.
I am asking if I am entitled to what I was promised by the insurance company.
Customer: replied 1 year ago.
so yes, am I able to recover the £600 difference between the new policy and the amount of £970 I already paid. Considering they told me this was the case on three occasions.
Expert:  Jo C. replied 1 year ago.
Thanks. On reflection I'm not sure this is my area so I will try to find an insurance specialist.
Expert:  Ash replied 1 year ago.
Hello Amir my name is ***** ***** I will help you with this.Have you complained formally to the insurance company yet please?Alex
Customer: replied 1 year ago.
I have asked to talk to their manager but was told that he/she will call me on Monday. So I would like to know when he does call me, what should be my demand. I would prefer to settle this before actually taking them to court. But I have not put my complaint in writing.
Expert:  Ash replied 1 year ago.
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.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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your response. Just to clarify; I will write a letter explaining the situation and ask for the refund, which would be the difference between £970 that I paid and the £300 new policy cost (approximately £600), is that correct?
Expert:  Ash replied 1 year ago.
Correct. Does that clarify? Alex

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