Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi
Are there any template letters here for my sons problem.
He got insurance from Performance Direct Insurance. They took the payment from his account. So my son thought he had insurance.
Then he got pulled over and was charged with having no insurance.
His car was impounded and was eventually crushed.
The insurance co had paid the money back in, but didnt contact him to tell him.
I advised him to get as much info from the insurance co as possible.
Luckily he got an original document with a policy number on it from the office boy.
On another visit he asked for proof that they had contacted him. they couldnt prove it. The manager then gave him a letter denying any negligence and said that they had never issued a policy.
He went to court, and they dismissed the case against him, because he had the policy number ( Good for him).
Now I think he can take the insurer to small claims for loss of car, days off work etc. Anyone got any advise?
Thanks
It would probably be very useful if he sent a S.A.R - (Subject access request) so that he had access to all the paperwork etc. that they have regarding him.
What were their reasons behind withdrawing cover and what timefame was involved between cover starting/being withdrawn?
Cahoot - Rejection of offer sent 14/06/07
Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07
Thanks for the reply.
I wasnt going to advise him to go the SAR way, because he was issued a policy number. But the manager at the office had told him they never issued one. So I'm assuming they cocked up big time. Apparently, the manager was printing out a load of stuff when my son asked for it. But he only received a denial that was hand written, he got the actual policy number when the manager wasnt there. So I would think they havent got a leg to stand on.
I was thinking a request for payment for losses and a 14 day window, then the demand before getting court and reporting to FSA.
This is what I drafted:
[your address]
[their address]
[date]
Request for payment for loss.
Dear Sir/Madam,
POLICY NUMBER: xxxxxxxxx
My request
I am writing to ask you to pay to me the amount as set out below, due to your company's negligence, whereby you accepted payment from me for insurance policy Number XXXXXXXX. Subsequently, you canceled this policy without informing me by letter or by telephone as is required by law. I was then stopped by local law enforcement and charged with having no insurance. My vehicle was impounded and later destroyed.
What I require
I calculate that due to your negligence you have cost me £XXXXX. This figure includes the loss of my vehicle, XXX days off from work, XXX visits to your offices to get information, Public transport costs while not having a vehicle, XX days off work due to attending court and notably the case was dismissed due to me having an insurance policy number, which was initially denied by the manager at your XXXXXXXX Offices.
I enclose a schedule of the charges which I am claiming with this letter.
My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.
I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.
If you dispute that I am entitled to payment, I request that you forward within the above mentioned time scale, a copy of the terms and conditions that were in force at the time my account was opened, and any subsequent amendments to those terms and conditions. These are requested under CPR Pre-Action Protocol 4.6(c), and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.
If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.
Whereby I will also report you to the relevant FSA departments for their investigations into this matter.
He went to court, and they dismissed the case against him, because he had the policy number ( Good for him).
Are you saying he successfully defended the no insurance charge?
I would still send a SAR before going any further as it will strengthen your case further if it confirms any kind of malpractice. Even though a policy no. was issued it doesn't actually tell you anything whereas a copy of their paperwork could be a goldmine of information.
Cahoot - Rejection of offer sent 14/06/07
Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07
Yes he went to court and because he had printout showing a policy number the prosecutor threw it out.
I wonder if I should modify the letter I drafted and just add in the SAR request. That way, they will know whats coming and maybe pay up.
What do you think?
Paid insurance, them ins co. cancelled
the case against him, because he had the policy number ( Good for him).
Reply With Quote
Originally Posted by baznew1
