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RAC / BISL Car insurance late payment fees


clint1974
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Hi

 

I have had 3 x late payment fees of £25 each on my car insurance with RAC which i pay monthly and credit is provided by BISL. I would like to reclaim these can someone point me to a template letter suitable to start the ball rolling ?

 

 

"I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day.”

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You're absolutely right to want to reclaim these. It's outrageous. This takes us back to the bank charges days. If they are entitled to claim any fees for late payment then they would have to represent their administrative costs.

 

It should be reason is straightforward – but I think that before you start, you need to have in mind what action you will take if they refused to refund you. You could either complain to the ombudsman but this is likely to take a long time with a very uncertain outcome or else you could threaten and then take a small claim action in the County Court. This would properly have a fairly immediate effect and I can't imagine that they would challenge you and they would properly put their hands up – in exactly the same way that almost all of the banks, credit card companies et cetera did in 2006, seven, eight et cetera during the bank charges campaign when apparently as much as £2 billion was refunded to customers.

 

It is very important that you decide what kind of action you are prepared to take because if you simply go into this open-ended and fire off a letter which they then ignore, you will be left blustering, not knowing what to do and maybe eventually walking away with it with egg on your face.

 

I think what I'm saying is that if you are prepared to follow up the necessary action in the event of their refusal, then it's probably not worth starting.

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Thanks for the reply, i agree and think the small claims would be the route to take. I have had other policies with other insurance companies i think close motor finance was one of the credit providers that levied similar disproportionate charges. Am looking for a template letter to send that's relevant or shall i just adjust one of the bank charges ones?

 

 

"I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day.”

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I can't remember what the bank charges one say.

 

Anyway, what you want to tell them is that the charges which they have levied against you are unfair unless they can show that they represent the administrative losses which they have suffered as a result of your late payment. Tell them that you would like a detailed breakdown which justifies the level of charges and that you want it within 14 days.

 

I suspect that you will get no response to this – or you will get some kind of fob off. At that point I would send them a 14 day letter before claim. I would be suing them for a breach of ICOBS in that they have treated you unfairly. To my knowledge no one has bought an ICOBS action yet but in my view it is a dead cert for a win and I expect that they would put their hands up before challenging you.

 

ICOBS – which has its banking parallel BCOBS and its mortgage parallel in MCOBS amounts to a breach of statutory duty contrary to FCA regulations and if you did end up obtaining a judgement under ICOBS then your next step would be to send a copy of it to the FCA. I think that an ICOBS judgement would be very serious matter for any insurer.

 

We will help you all the way – but you've been here since 2006 so you know this anyway don't you

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Yes had successes re bank charges in the past so know the procedure. Do you think this template is suitable when adjusted ? https://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges-**Correct-as-at-October-2013**

 

 

"I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day.”

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Why don't you draft a letter and post it on this forum and then we can see exactly what you're proposing to send out. Frankly the form of words isn't too important. Just get the message out to them and begin developing your paper trail.

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