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XS Direct 3k Total Excess - Worried regarding Debt Collectors


Jayden1994
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I have read through some of this post and have every sympathy, because the same has happened to my family.

 

I have posted the following on other forums as I hope that it will help others to avoid this company at all costs.

 

What this forum has revealed to me is that INSURE YOUR MOTOR knowingly assist XS DIRECT in their bad business practices.

 

There are others with a variety of awful experiences with them.

 

I hope to God that they are stopped soon.

 

The following is my contribution to this: --------....

 

I can barely express what I think about this company and how bad they are.

They operate under authorized theft by finding a loophole in the law that enables them to charge thousands of pounds in excess to their clients, resulting from any claims.

 

Usually you do not have to pay the excess unless you have had work done to your own vehicle.

But they have found a way around this.

 

Google them, you will soon find out how they operate.

The misery and stress they are causing to many people, often young people, forcing them into horrendous debt, and I am talking thousands of pounds, is absolutely immoral. And this on top of already high premiums.

 

They deserve a massive come-uppance for the evil way in which they run their business.

Just evil, that's all I can say.

 

To see the anguish, desperation and stress caused by what they do is worrying.

They may well be responsible for people going into severe depression and worse.

 

I have witnessed this in my own family.

Maybe we should make our complaints to somewhere like moneysavingexpert.com - perhaps then someone will take the issue up with the authorities governing such corrupt companies. Avoid, Avoid, Avoid.

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Given that the FOS are taking so long, I would think they must be giving the complaint real thought.

 

A £3000 all sections excess with no repayment terms and just a threat to ruin a consumers Insurance life by cancelling as well as employing debt collectors, must be a concern. Is this policy really suitable for the consumers who are buying it ?

We could do with some help from you.

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  • 1 month later...

Morning all,

 

Quick update on the case.

 

XS Direct have been emailing here and there every 2 months or so asking for payment etc.

I have been constantly referring them back to my FOS Investigator and telling them the case is still under dispute etc.

 

I assume they got fed up of taking my word for it and actually got in touch with my FOS Investigator and sent her their final response to my dispute to XS Direct in an attempt to proceed with what they want. In turn the investigator has got in touch with me finally after going missing for a while and reading through the word document I linked here previously and told me she has redirected the complaint to the underwriters of XS Direct known as Calpe Insurance and mentioned she expects a reply from them within 2 weeks.

 

Now I do not know If I'm being naive or not but I have replied explaining to her how I do not understand why the complaint has been redirected to the underwriters (Calpe Insurance) when the very case I raised was directed at how XS Directs policy is structured, the debt obligation, potentially life ruinous debt leading to depression etc as mentioned above by someone else. XS Direct had simply fobbed me off with their final response by saying my complaint should be directed to Insure Your Motor which was false and had already been done.

 

I will await to hear from her and see what her thoughts are on the matter. Either way I will continue to dispute and won't stop until this has been resolved one way or another.

 

Very sad to hear that story from Sanderson and its the very reason I'm disputing this much and have dedicated this much time to this in addition to obviously saving myself a lot of stress and hard times but also so that others can see this and not make the same mistake or rather the FOS can realise this really is a digusting policy used to lure young drivers who need to get insured at a reasonable price in and traps and punishes them the very first time they make a mistake, which for most new drivers is inevitable.

 

Anyways hope you are all well. I will keep you updated.

 

Kind Regards

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If your complaint to the FOS is not upheld by their investigator, you can ask for it to be elevated to an actual Ombudsman. The fact it is taking so long, must mean that the FOS think you have a point.

We could do with some help from you.

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  • 2 weeks later...

Just for some clarification to my previous post.

My FOS Investigator has now redirected my complaint to Calpe Insurnace as mentioned above and clarified to me that they are responsible for the structure of XS Directs policy of which my dispute is directly aimed at.

 

I was told 2 weeks ago we should be expecting a reply anytime now, haven't heard from them as of yet so we will wait to see.

Edited by dx100uk
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  • 3 weeks later...

Hi all,

 

Finally had a response from my investigator.

I will attach her full response within this post.

 

She feels that as she is part of the FOS it is not really their place to get involved with how the business (XS Direct) is structured and mentions the FCA but she also mentions how they do not take on individual complaints either.

 

I have till 30th April to raise this to an ombudsman which I will of course but I'm not sure where this will leave me if the ombudsman agrees with my investigators decision too.

 

My FOS Investigators response below

 

I still cannot afford such a horrendous debt and feel it would be a huge injustice.

 

What do you guys think?

 

Hope you are well.

 

Kind Regards

adjudicator.pdf

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That is just a rubbish response. Elevate the complaint to the actual Ombudsman making the same points as before and that the adjuducator has not responded to the points made. Of course the FOS cannot change the policy terms, but they can rule on whether the terms are fair to consumers.

We could do with some help from you.

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Yep pretty bad response, feels like everyone is just trying to fob me off. I will request it to be elevated as you say and outline the key points you mentioned above to her to make sure she forwards these to the ombudsman. I'll let you all know. Thanks.

 

If worse comes to worse and the ombudsman doesn't uphold this either, what is my next step really? Is it what we spoke about a while ago with negotiating repayments with XS Direct or is there any other way?

 

Thanks.

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If you have to pay offer affordable repayments, say £25 a month, which would be 10 years to repay if it were £3000. Given no repayment terms in the policy wording, they can't really argue.

We could do with some help from you.

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pers id let this gotto court

they cant get anymore out of you there.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, but the OP might want to avoid a CCJ and the hassle. If they offered £25 a month, then the Insurers are going to probably reject that and the OP just replies that the offer is on the table for them to accept still if they want repayment. The Insurers won't want this going to court, so will probably accept the £25 a month or not bother collecting the debt.

We could do with some help from you.

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Yea I can't have a CCJ on my file and if going court will lead to that then I can't take that route.

 

Guess I'll have no choice but to offer minimal payments.

What If I offer something lower e.g. £10-£20, they have no right to ask for a set amount do they or even somehow find out details on what money I earn and how much?

 

I don't assume anyone has any experience where the offer was so minimal every month they just scrapped the debt entirely.

 

btw @dx100uk why do you think they wouldn't be able to "get any more out of me" in court in comparison to outside of it?

 

Cheers

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well you offer of 'whatever' will still be valid if they did start court

that can be run all the way till just before a hearing and there you could offer a tomlin consent order.

that would put the payment on a legal footing and they wouldn't be able to ask for more.

 

a tomlin avoids the CCJ.

 

let it run.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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With your route I have to go down the court route and be ready to handle all that hassle and inconvenience to ones life. W

I understand.

 

In your opinion you feel once the ombudsman comes back to me with his/her response I should let it run till they decide to take me to court, If they do.

 

Would you mind briefly explaining in layman's terms what a tomlin is if you don't mind?

 

Here was my reply to my FOS Investigator today - https://imgur.com/a/0rlFhHZ

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just look at what you originally said and try to simplify it.

 

Looks like the assessor is saying that you knew it was a £3k excess and that in the event of a claim you could have to pay this amount. And your complaint is now about missing repayment terms from the contract.

 

A bit simplistic. But given they don't think the policy was miss sold as there is no requirement of the Insurance Broker to offer any advice at point of sale, that it was up to you to work out how you would repay the excess if you had to.

 

They are taking the side of the Insurers which is to be expected, as most FOS assessors will be ex-financial services employees, who may have worked for some of the companies complaints are made about.

 

I would start of by saying that although the sale of the Insurance contract may be non advisory, the type of contract with a £3000 all sections excess including third party claims, is not a standard insurance contract.

 

In a standard Insurance contract, a fault accident with a third party would not leave a policyholder owing a £3000 debt to their Insurance company. Even if the Insurance Broker had no responsibility to offer any clear advice, they had responsibility to offer clear information and the Insurance underwriter had the responsibility of ensuring that the policy wording has clear terms which comply with ICOBS.

 

Then you make the point about how the policy wording is contracting the policyholder to a debt obligation without any repayment terms, under a threat of cancellation and debt collection.

 

The Insurance contract terms are therefore unfair, because no terms of repayment are stated or any process of negotiating repayment is stated.

 

To expect a policyholder to instantly have £3000 available, under the threat of ruining the financial life of a policyholder, because that is what a recorded cancellation and debt collection might lead to, cannot be judged fair, if no repayment terms were ever stated.

 

Something like that.

  • Haha 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks, Appreciate it. I already replied to her but I will chuck her another response with the above as it is a much more simplistic and condensed way of getting my point across.

 

I forwarded my word document that I linked you all here months ago which included my dispute against XS Direct.

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Morning all,

 

All points mentioned above from bulgaria and my own from my word document outlining my dispute with XS Direct have been forwarded to an Ombudsman.

 

My FOS Investigator was unable to give me a time frame on how long till an Ombudsman will reply so I guess it's just a waiting game now.

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  • 2 months later...
  • 1 month later...

Let them issue court papers. I suspect they would not do so, as this contract of insurance could be found to be unfair and contrary to good faith, in which case should they lose then their whole business model will crumble and a precedent set.

 

 

If they do issue court papers, they will no doubt seek to settle outside of court as the risk is too high for them.

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