Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #61
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    Default Re: Insurance Screwed Me, Need Help To Build Case For Crown Court

    Yes. You should send them a reminder letter. You should send it immediately. You should have sent it before.

    I'm sorry to say but the way that you are popping in and out of this thread is not helping you. I see that UncleBulgaria suggested to you that you send an SARicon right at the beginning of 2016 – a year ago and yet you did nothing. We were all on board to help you then and you let it go until eventually you were prosecuted by the police. Even in respect of this, you never came back to us because we could have suggested a way of defending yourself which would have avoided the problems of being convicted and then having to go for an appeal. You eventually send an SAR to the insurers but you haven't been on their case so that once again everything is getting out of hand.

    Please can you remind us what date the appeal is.

    Also, in my post above – number 59 – I asked you some questions just to double check your legal position at the time that this all happened. You never responded and frankly I would like you to do so please.



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  2. #62
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    Default Re: Insurance Screwed Me, Need Help To Build Case For Crown Court

    Hi BF,

    I know it seems like I am popping in and out but if you read the old thread you would understand my situation was terrible after the accident and I simply chose to give up chasing it, I chalked it up to a life experience and moved on, it was either that or be homeless. I really had NO money left and was getting by on hand outs from friends. I just recently got my life back on track and flowing again and then BAAM came this prosecution for no-insurance.

    Sorry for missing your old post, to answer your question, yes, every legal paperwork is in place and I have them with me all in one folder, including the CBT, the original CoMI for courier use, MOT, logbook - everything.

    I just got of the phone with them and am emailing them now for an update, will keep you posted.

    Thanks!


  3. #63
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    Default Re: Insurance Screwed Me, Need Help To Build Case For Crown Court

    An interesting thing has come to my attention.

    The email address they gave me to send an email to the data officer seemed to have already emailed me LAST MONTH, yet for some reason never showed up when I search my inbox as it ended up in the spam folder, flooded with black Friday/Christmas/new years offers.

    The email says the following:

    I am currently looking into your Subject access requesticon.

    Could you please confirm the reason for this request? I would like to deal with your request through our complaints process using the 40 day time frame to supply your requested of information.

    I would appreciate it if you could get back to me as soon as possible in order for me to look into any possible resolution.

    I look forward to hearing from you.
    This was followed up with someone else asking me to provide them with proof of loss of earnings, impound fees, recovery, etc. Which is all very strange as I never mentioned ANY of this in the S.A.R, however did do almost a year ago in a letter I sent them way back then demanding they explain why they canceled my insurance.

    How should I go about responding to this? Does this mean they haven't processed the S.A.R? If so, does this mean they have broken the law in not doing so? I'm pretty sure I wouldn't have been expected to respond to them anyway, a S.A request is a simple thing and they should have just proceeded it.


  4. #64
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    Default Re: Insurance Screwed Me, Need Help To Build Case For Crown Court

    Quote Originally Posted by Ayma View Post
    An interesting thing has come to my attention.

    The email address they gave me to send an email to the data officer seemed to have already emailed me LAST MONTH, yet for some reason never showed up when I search my inbox as it ended up in the spam folder, flooded with black Friday/Christmas/new years offers.

    The email says the following:

    This was followed up with someone else asking me to provide them with proof of loss of earnings, impound fees, recovery, etc. Which is all very strange as I never mentioned ANY of this in the S.A.R, however did do almost a year ago in a letter I sent them way back then demanding they explain why they canceled my insurance.

    How should I go about responding to this? Does this mean they haven't processed the S.A.R? If so, does this mean they have broken the law in not doing so? I'm pretty sure I wouldn't have been expected to respond to them anyway, a S.A request is a simple thing and they should have just proceeded it.
    Were they asking for the reason for the request to clarify what data you were asking for, or was the data being requested clear?.

    They can ask for the reason if the data you are asking for is unclear, in order to ensure you get the data you require. Otherwise, the SARicon stands - you don't have to give a reason for a SAR if the data being asked for is clear.


  5. #65
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    Default Re: Insurance Screwed Me, Need Help To Build Case For Crown Court

    Nope, what you see in the quote above is what is written in the email, nothing more. "Could you please confirm the reason for this request?" Why would I have to confirm anything? Anyway clearly they are now stalling or trying to take this another direction and to be honest I am not interested. A SARicon is a SAR, and they should have complied.

    Why dig up a letter I sent almost a year ago and start asking me to provide evidence NOW when originally they ignoredicon everything I had written by responding with a generic response “we did nothing wrong, we followed all the rules” blah blah.


  6. #66
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    Default Re: Insurance Screwed Me, Need Help To Build Case For Crown Court

    In response to your post number 62, I'm sorry that you're having such a bad time of it – but we are trying our best to help you and once again you really have made things much worse for yourself by not dealing with this right at the beginning when we are helping you the first time.

    In response to your post number 63, – I think you had better start checking your spam box and making sure that you are in control of the messages you receive. They are not entitled to ask this question or to impose any conditions. I think that it is about time that you started taking control of the situation – although you still haven't confirmed the date of the appeal as I asked you earlier. Please would you do this.

    I suggest that you write a letter

    Dear XXX

    Reference XXXX

    Thank you for your letter of the XXX date asking for the reasons as to why I have submitted a Subject Access Request to you. As it happens, your message went into a spam folder and I have only just discovered it. However, I am warning you that you are not entitled to ask this question or to make any conditions in respect of my SAR. The fact that you have now breached the 40 day deadline puts you in violation of your statutory duties under the Data Protection Act. Furthermore, your attempt to delay the disclosure or to impose conditions or to ask questions about it which have resulted in your breach of the 40 day statutory deadline, are also a breach of the Data Protection Act.

    On the XXX date you peremptorily and unilaterally withdrew insurance cover from me and thus putting me in a position where I was prosecuted by the police for driving without insurance and found guilty. I'm sure that you must realise that under the Insurance: Conduct of Business Regs which were made by the FCA pursuant to the Financial Services and Markets Act 2000, you have a statutory duty to treat me fairly. Included in those regulations are a requirement that you are not entitled to decline or to withdraw insurance simply because of some technical/administrative breach. Despite this, this is precisely what you have done and by so doing you have acted unlawfully and you should understand that I shall shortly be taking action against you.

    Your deliberate delay and your failure to provide me with a statutory disclosure under the Data Protection Act is also an example of unfair treatment and so this is also in breach of the ICOBSicon requirements in addition to being breach of the Data Protection Act.

    I am informing you that my conviction before the XXX magistrates for driving without insurance is now subject to an appeal before the Crown Court sitting at XXX on XXX date. I shall be providing the presiding judge with a copy of the ICOBSicon regulations and I shall be explaining to the judge how the offence with which I have been convicted only occurred because you acted unlawfully towards me by cancelling my insurance for a technical breach.

    I fully expect that as a result of the allegations I shall make in open court, that my appeal will be successful and I also fully expect that the court will wish to make an order in respect of your company which may eventually require you to appear before it. This will be in addition to a civil legal action which I shall be bringing before the county courticon once the whole matter has been dealt with in order to obtain a judgement against you and also compensation. My intention is that once I have the judgement, I shall be submitting it to the FCA and also a copy to the Information Commissioner as the basis for formal complaints.

    I also intend to submit the results of my successful appeal to the Crown Court to the FCA as well.

    I have tried to deal with you over this for a year. You have been completely uncooperative. I have now attempted to exercise my statutory right to full disclosure of my personal dataicon and you have been completely obstructive.

    You may like to know that the appeal date was originally set for November 2016. The court agreed to postpone that date upon my request until the day in February because I informed the court that I had supplied you with an SAR and that it would serve the interests of justice if the court was prepared to wait until the 40 day limit had expired and you had made your disclosure.
    Your obstructive behaviour and your breach of your statutory obligations has now meant that the courts goodwill in postponing the appeal date has been wasted. You can be certain that all of this will be explained to the court. I suggest that you might want to pass this letter to your lawyers.


    If you want to try mitigate your unlawful behaviour, you may well wish to let me have the statutory disclosure by return of post. There is not much time remaining. In any event, all of this will be brought to the attention of the Crown Court and also eventually to the County Court when I make my claim for compensation.

    Yours sincerely
    Please will you let us know if this letter represents the truth and if you are happy to send it. If you are happy to send it then I suggest that you send it by email and also by first class recorded delivery post.

    Also, – not for the first time – I suggest that you start keeping in closer contact with this thread



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  7. #67
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    Default Re: Insurance Screwed Me, Need Help To Build Case For Crown Court

    Thanks BF,

    thats fantastic, everything I wanted to say plus some! I'll email them right away and tommorow send a copy recorded delivery just for good measure.

    I thought I mentioned the appeal before in the thread, sorry if I didn't - originally it was set for the 30th of November but I requested the court to change this date to allow the S.A.R to come through as there was a 40 day window, so they changed it to the 2nd of February, stating that this date can not be changed. This is the crown court.

    Thanks again.


  8. #68
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    Default Re: Insurance Screwed Me, Need Help To Build Case For Crown Court

    In that case, please see my suggested amendmenticon to the letter in red above



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  9. #69
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    Default Re: Insurance Screwed Me, Need Help To Build Case For Crown Court

    I added a line pointing out the realities of 6 points on my license causing my insurance premium to triple to over £2000 a year causing serious financial strain and hardship. Plus declaring insurance being cancelled added to this figure.

    The fact that many people shy away from employing anyone with that many points, significantly reducing job opportunities/prospects. My main line of work at the time is/was in deliveries or sectors surrounding it. And the truth about this is I was recently refused jobs due to the points.


  10. #70
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    Default Re: Insurance Screwed Me, Need Help To Build Case For Crown Court

    I would also contact the ceo and request that they contact the cps and explain that they had made a mistake in cancelling your insurance.
    This might, and only might bring the case to a closure and get your licence clean again.
    It all depends on them playing fairly or again hoping that you make empty threats.
    They know they screwed up that's why they asked for a schedule of loss and are opening a complaint following the SARicon.
    As other said, you should give utmost priority to this now otherwise you'll end up with a record that is gonna cost you dear for ever.


  11. #71
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    Quote Originally Posted by king12345 View Post
    I would also contact the ceo and request that they contact the cps and explain that they had made a mistake in cancelling your insurance.
    This might, and only might bring the case to a closure and get your licence clean again.
    It all depends on them playing fairly or again hoping that you make empty threats.
    They know they screwed up that's why they asked for a schedule of loss and are opening a complaint following the SARicon.
    As other said, you should give utmost priority to this now otherwise you'll end up with a record that is gonna cost you dear for ever.
    It does seem that the Insurers might be aware of an error, otherwise why would they have sent an email saying this.

    "This was followed up with someone else asking me to provide them with proof of loss of earnings, impound fees, recovery, etc."

    It is quite possible they have responded about the SAR asking about purpose, as they are not sure how to admit their mistake, as they will know of the prosecution for no insurance. There will be record on the policy about the Police having made contact and what they told them.


  12. #72
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    Quote Originally Posted by unclebulgaria67 View Post
    It does seem that the Insurers might be aware of an error, otherwise why would they have sent an email saying this.

    "This was followed up with someone else asking me to provide them with proof of loss of earnings, impound fees, recovery, etc."

    It is quite possible they have responded about the SARicon asking about purpose, as they are not sure how to admit their mistake, as they will know of the prosecution for no insurance. There will be record on the policy about the Police having made contact and what they told them.
    Well said!
    I think their game is up.
    The only thing you need to do now is to persevere and don't let the rope go.


  13. #73
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    Default Re: Insurance Screwed Me, Need Help To Build Case For Crown Court

    Quote Originally Posted by Ayma View Post
    I added a line pointing out the realities of 6 points on my license causing my insurance premium to triple to over £2000 a year causing serious financial strain and hardship. Plus declaring insurance being cancelled added to this figure.

    The fact that many people shy away from employing anyone with that many points, significantly reducing job opportunities/prospects. My main line of work at the time is/was in deliveries or sectors surrounding it. And the truth about this is I was recently refused jobs due to the points.
    I wish you wouldn't.



    Quote Originally Posted by king12345 View Post
    I would also contact the ceo and request that they contact the cps and explain that they had made a mistake in cancelling your insurance.
    This might, and only might bring the case to a closure and get your licence clean again.
    It all depends on them playing fairly or again hoping that you make empty threats.
    They know they screwed up that's why they asked for a schedule of loss and are opening a complaint following the SARicon.
    As other said, you should give utmost priority to this now otherwise you'll end up with a record that is gonna cost you dear for ever.
    I think that it would be unhelpful to write any more than what I have suggested above. Things have moved on now and it is too late for all of this at the moment.

    All of this kind of thing can be raised after the appeal when dealing with the insurance company in respect of their civil liability and the question of compensation.



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  14. #74
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    Quote Originally Posted by BankFodder View Post
    I wish you wouldn't.





    I think that it would be unhelpful to write any more than what I have suggested above. Things have moved on now and it is too late for all of this at the moment.

    All of this kind of thing can be raised after the appeal when dealing with the insurance company in respect of their civil liability and the question of compensation.
    I would think that maybe the ceo would do the right thing, contact the cps/court and get the conviction overturned.



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