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Can anyone help me on if i have any legal stance on this.
I had last year 7 years no claims bonus, and went through a broker who find you the best quote. Well the company they put me with was Ensign and this year i had two accidents. Ensign say that they take two years from you for each accident which would be 4 years in total and this would leave me with 3 years no claims. When i asked for proof of no claims to take to another company they said i have not got any left as Ensign only recognise and give all customers 4 years irrelevant of how many more extra they have. They say though that if i didnt make a claim this year and asked for my no claims they would of given me a certificate with 8 years no claims. :S i said to them how can you only recognise 4 years in the event of an accident but if i didnt claim i get 8 years? He said that is our policy to only give 4 years under section 7 no claims bonus. He said basically i have now got zero no claim bonus as two accidents ammount to the loss of 4 years and we only recognise 4 years so you have nothing. On the other hand though if i was to stay with them he will ALLOW ME(very kind of him, seeing as i should have 3 years) to get insurance from them on the basis of having 1 years no claims, but only with them and noone else.
So basically they have taken 3 years of my no claims bonus for no reason and now trying to insure myself my quotes will be £800 without the no claims and £400 with the 3 years no claims that i should have.
Need help on if there is anything i can do please.
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Paid In Full Cetelem £130 Settled
Paid In Full The AA £400 Settled
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That's normal industry practice. If you have maximum no claims, it is normally recognised at 4 or 5 years, depending on the insurer. They normally will take away 2 years worth on the first accident, and then another 2 years for the second one, within the same 12 month period. I fell foul of something similar with CIS a few years back when I had a motorcycle policy with them. I made one claim and come renewal, they had taken the lot!! On contacting them they told me it was normal policy for motorcycle policies. I did point out that they didn't do the same for cars, which cut no ice. Sadly, this was long before the days of the internet
So do you think there is something i can do with this then? Other companies i have now spoke to recognise up to 9 years and surely to only give customers who have say 9 years no claims to only give them 4 years out of the 9 which can mean you lose the whole lot for 2 accidents is very very harsh when you should have 5 years left even after 2 accidents.
If you find this info useful please click on the scales in the bottom left corner of the thread
Vodafone To Remove Default Notices thread
Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help
Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB
Concluded Lloyds TSB for Girlfriend. 27/05/2006
Paid In Full Capital One £160 Settled
Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend
Paid In Full Cetelem £130 Settled
Paid In Full The AA £400 Settled
Paid In Full First National £160 Settled
PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180
You have nothing to lose by going through their complaints procedure and seeing if that gets you any where. have the claims been settled or are they still outstanding?
The claims are still outstanding as they havent paid the other people yet...
If you find this info useful please click on the scales in the bottom left corner of the thread
Vodafone To Remove Default Notices thread
Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help
Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB
Concluded Lloyds TSB for Girlfriend. 27/05/2006
Paid In Full Capital One £160 Settled
Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend
Paid In Full Cetelem £130 Settled
Paid In Full The AA £400 Settled
Paid In Full First National £160 Settled
PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180
Yes i admitted that they were both my fault as they were and didnt want to drag them out.
If you find this info useful please click on the scales in the bottom left corner of the thread
Vodafone To Remove Default Notices thread
Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help
Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB
Concluded Lloyds TSB for Girlfriend. 27/05/2006
Paid In Full Capital One £160 Settled
Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend
Paid In Full Cetelem £130 Settled
Paid In Full The AA £400 Settled
Paid In Full First National £160 Settled
PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180
Tricky situation!
When you signed up to Ensign, you transferred all rights and priviledges pertaining to your insurance to them. With regards to them deducting your no claims bonus, I have had a look at their terms and conditions.
Section 7 of their T&Cs say that four or more years of no claims bonus will step back by two years for an accident, so two accidents = 4 years 'step back' in claims terms. So, in effect, you would be left with three years in total.
This, as far as I can see, is all the terms and conditions which relate to you. There is no mention of increasing the amount of no claims bonus if there was no accidents or claims, and not recognising any if there is accidents or claims. I am guessing (and merely speculating) that they are saying this is an implied term into the contract, although legally it wouldn't stand a chance.
Although, I am going on the generalised terms and conditions available from them to the public, not those which may be specific to a particular policy.
I think this all hinges on whether there is anything in the terms and conditions which you recieved at the time or shortly after taking out the policy. Due to this being somewhat complex and could involve legal proceedings, go to your local CAB or consult a solicitor to see exactly where you stand.
Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
Tricky situation!
When you signed up to Ensign, you transferred all rights and priviledges pertaining to your insurance to them. With regards to them deducting your no claims bonus, I have had a look at their terms and conditions.
Section 7 of their T&Cs say that four or more years of no claims bonus will step back by two years for an accident, so two accidents = 4 years 'step back' in claims terms. So, in effect, you would be left with three years in total.
This, as far as I can see, is all the terms and conditions which relate to you. There is no mention of increasing the amount of no claims bonus if there was no accidents or claims, and not recognising any if there is accidents or claims. I am guessing (and merely speculating) that they are saying this is an implied term into the contract, although legally it wouldn't stand a chance.
Although, I am going on the generalised terms and conditions available from them to the public, not those which may be specific to a particular policy.
I think this all hinges on whether there is anything in the terms and conditions which you recieved at the time or shortly after taking out the policy. Due to this being somewhat complex and could involve legal proceedings, go to your local CAB or consult a solicitor to see exactly where you stand.
This is the point i tried arguing with them as i went through a broker like most people do now without realising that they are and i when i took out the insurance what i received was the KEY FACTS to the insurance and didnt receive anything about the terms and conditions, I.E section 7. After all this happened and i contacted Engisn they said it was under section 7 of my policy booklet. I told them exactly what you said that it does not state that it is only 4 years that they give in the event of an accident and also that i did not receive a policy booklet :o This is where they turned around and said that it is not their fault i didnt get the policy booklet as they send it out to the brokers with every policy they set up and the broker should of sent it to me with my insurance certificate. I didnt receive the booklet or my insurance document as the broker said they dont send out the certificate of insurance as i was paying monthly installments but if i needed a cover note for anything they would issue that i.e to get my tax. They said also if i wanted the policy booklet that i had to ask them for it as they dont send them out either. :o Any ideas on if i stand anywhere with that please. Thanks for the help.
If you find this info useful please click on the scales in the bottom left corner of the thread
Vodafone To Remove Default Notices thread
Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help
Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB
Concluded Lloyds TSB for Girlfriend. 27/05/2006
Paid In Full Capital One £160 Settled
Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend
Paid In Full Cetelem £130 Settled
Paid In Full The AA £400 Settled
Paid In Full First National £160 Settled
PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180
My mum had a similar issue, in that her policy excess had doubled but she had not been notified. The insurance company advised her that they had notified her within 30 days, but she had not received anything. She complained (quite fiercly, my mum doesn't give up easily) and the insurance company relented in the end, after much too-ing and fro-ing and charged her only the original excess as long as she agreed that further claims would result in the new higher excess.
However, it is worth advising them you never received this and asking them to put forward evidence that they posted out the new terms and conditions - most companies have a customer relations piece of software which they 'screen dump' whenever somebody makes an 'action' on a customer's record.
However! This might prove tricky due to the length of time, and they could argue that you didn't advise them in a certain time span.
I am sure that there is some kind of policy which says that they must send you a copy of the terms and conditions. I think this co-incides with the paperwork which they send out and ask you to sign, and it declares that you have read the terms and conditions -which you may have done without knowing that you haven't, as the majority of people will sign without reading properly - just a human fault, not yours necessarily.
You could argue with the broker if you are having no joy with the insurance company itself.
I still advise getting some legal advice - perhaps if you have legal assistance with your home insurance policy?
Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
I still advise getting some legal advice - perhaps if you have legal assistance with your home insurance policy?
Ok thanks for that Chesham i will give them a ring on Monday. It is much appreciated. I will let you know how i get on. Thanks a lot.
If you find this info useful please click on the scales in the bottom left corner of the thread
Vodafone To Remove Default Notices thread
Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help
Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB
Concluded Lloyds TSB for Girlfriend. 27/05/2006
Paid In Full Capital One £160 Settled
Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend
Paid In Full Cetelem £130 Settled
Paid In Full The AA £400 Settled
Paid In Full First National £160 Settled
PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180
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Originally Posted by chesham
