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SolicitorRM
SolicitorRM, Solicitor
Category: Law
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Experience:  Director and Principal Solicitor. UK
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I had a small bussines as a curier driver, i had a insurance

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Hello, Im Florin, i had a small bussines as a curier driver, i had a insurance for my van which was 350£ a month, the tirth month i made an accident ( 500£ was the price for the claim, just a scratch to another car) forth month or something like that i wish to cancel my insurance because it didnt work so well, i tryed insurance company said they cant do this because the claim is not closed basically, i spoke with the gentelman that make the claim he said his car was fixed in the second week, i was keep calling them asking them about the claim if is closed, it wasant, 3 months later and lots of phone calls and off course 350£ montly payment, they said is closed, the value of the claim 500£, now since first time ive call them they said to me i have to pay for the rest of the year if i want to cancel the policy which was at that time around 3000£, was too much for me i wish to pay the value of the claim, calling them every two weeks to ask them about the claim i told them that i want to pay the value of the claim, last time they was telling me 1800£ i have to pay to cancel the policy, this is the remaining balance for the rest of the year, still too much im thinking, one of them was standing up with the ideea saying if im paying the claim ~is not going to be anywhere near that amount~ that is what one lady tald me on the phone, I end up paying to cancel my policy 350£ for like 6 month, 500£(value of the claim) and a cancelation fee of 800£ (because i had premium insurance and lots of reason that for me doesnt make sense at all. thats the short story of what was happening and i think is not fair first of all, making me paying 3 extra month just because the claim was not cloased but the car was fixed within 2 weeks maximum, second paying for the damage that i make and still have to pay an extra 800£ just because i had a claim on the insurance i dont know, and third i have spoke to them very clear i have recorded the conversation that after i pay for the claim i will not have to pay an huge amount of money to cancel it, i was expecting a cancelation fee of 150£ , they stand up with the ideea im going to get out of this not been broken because i made an one inch scratch
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: im from london, im not sure to be honest what ansewer to give for this question
JA: What steps have you taken so far?
Customer: no steps
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi, thank you for your enquiry and your patience. Where you reach a deadlock with an insurer and you are not satisfied with their final decision you should ask them to send you their final decision letter (referred to as the deadlock letter in some companies). You will then escalate the complain to the Financial Ombudsman service who will investigate your complaint and their decision will bind the insurer. You will have the opportunity to provide the ombudsman with all your supporting evidence and they will also ask your insurer for their information.

You will be able to complain on line here https://www.financial-ombudsman.org.uk/consumers/how-to-complain and it is free of charge.

I would be grateful for your rating at your earliest convenience. All the best

Customer: replied 10 days ago.
after all that i write over there you cant give me an answe if what was happening it was fair or not ?

you did not ask if what is happening is fair or not. You will have your policy terms and conditions and it is unlikely the insurer will be applying charges that are not in your policy wording. If they are then it would be unfair. However regardless of what is in their policy the Financial Conduct Authority requires that all customers are treated fairly and reasonably and the ombudsman looks into whether an insurer's conduct is reasonable. As a solicitor I could sympathise with what you are going through however without the policy wording I cant say to you whether you are being treated fairly.

Customer: replied 10 days ago.
I'm sure based on the terms and conditions is everything clear and legal, but is it legal to make so much money out of a poor guy like me, ending up paying over 2000£ for a 500£ claim ?

It sounds unfair however the contract will have been agreed to and that is what the company will rely on. Only their regulator through the FOS can look behind the terms and conditions of the policy and say whether they are fair to customers and that is why I advised you to take that route. In a court unfortunately they will just look at the contract you agreed to and that will be respected regardless of the impact on you sadly.

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