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Jenny, Solicitor
Category: Law
Satisfied Customers: 6428
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have taken out car insurance made a claim on the insurance

Customer Question

I have taken out car insurance made a claim on the insurance I no longer have the car as I sold it am entitled to some money back on the insurance which was fully comp and the price was 507.17
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Have you contacted the insurer to cancel the insurance?
Customer: replied 2 years ago.

yes but they said because I have had a claim I am not due to a refund I have only had the policy 2 weeks

Expert:  Jenny replied 2 years ago.
Did you cancel within 14 days of taking out the insurance? What was the value of your claim?
Customer: replied 2 years ago.

no I don't think I didclaim ongoing

Expert:  Jenny replied 2 years ago.
Did you pay in a lump sum or was it a direct debit?
Customer: replied 2 years ago.

I paid it with my credit card in full

Expert:  Jenny replied 2 years ago.
Ok thanks, ***** ***** to as the insurer to see a copy of the contract of insurance and their terms and conditions. It may be that there is a clause in the contract that states that part refunds, for periods that the insurance will not be required will not be paid in the event that a claim has been made.
If this clause is not there then you are entitled to a part refund (which could be subject to an administration fee).
If this clause is there, then unfortuantely you may not be able to anything about this as this is an issue which has been considered by the Pensions Ombudsman and it is not considered to be an unfair contract term.
So in essence it boils down to what is in the contract. You need to ask them to prove that contractually they are entitled to retain your fee.
If there is a dispute about this as you paid by credit card you can contact the issuer and make a claim under s. 75 of the Consumer Credit Act.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 2 years ago.
Hello is there anything further you would like to know? I note you have not yet rated my answer.