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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 19533
Experience:  Solicitor
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Do you have solicitors who are experts in car insurance

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do you have solicitors who are experts in car insurance claims
JA: Where is this? It matters because laws vary by location.
Customer: SW2 South London (Streatham Hill)
JA: What steps have been taken so far?
Customer: Made a Car theft claim in 04/2019, it got rejected in August 2019 on the basis oif mis-representation , they believe the incident did not happen in the way I have described and now infer fraud, police have taken no action and there has been no conviction of any kind however they have put a fraud marker against my name
JA: Anything else you want the Lawyer to know before I connect you?
Customer: have escalated to financial ombudsman who have sided with the insurer on the balance of probabilities

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Can you please explain your situation a little more?

Customer: replied 1 year ago.
they refuse the claim.... the car was stolen outside my home, car was parked a few doors down round the corner
2 keys was sent to them, they got the keys analysed, one of the keys matches my version of events in terms of the mileage read, the other key has a discrepency of CIRCA 42 miles they now state that i have deliberately tried to mislead them and now put a fraud maker on me.
Customer: replied 1 year ago.
they state its impossible for it to be relay theft

Ok - have they given you a final response?

Customer: replied 1 year ago.
now for any future insurance quotes, i now have to declare that I have had a previous insurance cancelled due to misrepresentation which renders me very unlikely to get insurance in the future, very unfair since i havent been convicted nor taken to court or requested to attend any interview under caution or arrested by police, they just decided to put a fraud marker based on their subjection opinions
Customer: replied 1 year ago.
Financial Ombudsman final repsonse have sided with the insurer, stating on the balance of probablilties the incident didnt happen in the way I had described

So you want to sue the insurer to pay out?

Customer: replied 1 year ago.
1. the payout
2. I assume if they pay out then the fraud marker is taken off
Customer: replied 1 year ago.
i guess my question is .....

is?

Customer: replied 1 year ago.
is there a case here or is it an open nd shut case ?, the law is very grey, idont understand why things cant be time stamped for example a convicted person why start they life again once the conviction is spent and if they decide to get insurance they can say NO to the question of have they during the last 5 years had a policy cancelled or got a conviction, where as in my case where they suspect fraud and where i havent been convicted i must answer the question as yes every time

How much would your claim be for?

Customer: replied 1 year ago.
1. they have rejected the claim leaving me with car payments to continue
2. they put a fraud marker based on their subjected opinions and balance of probabilities without any actual proof
3. The car is still unrecovered
Customer: replied 1 year ago.
The car was worth at least £20,000 with an additional £23,000 return to invoice gap payout

You need to write a letter, set out your losses and request compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not compensate 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 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?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 year ago.
ok thanks

Can I assist with anything else tonight?

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