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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Ayma

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Everything posted by Ayma

  1. Ayma
    Hey guys, just to follow up on all of this Thanks to BF, who has been of great assistance on and offline in helping prepare all of the documents and guiding them to all the correct departments, if it wasn’t for him, I’d be completly lost, so for this I will be forever indebted to him and the CAG. A few updates since the last post: The insurance company finally replied to me with a vague covering letter, once again asking for my losses blah blah. In the same letter they have openly admitted to failing to provide the SAR request and even made a lovely gesture in returning my £10 (more of an insult then anything, but anyway.) According to them, they will not be sending me a copy of the email they allegedly sent me informing me of the cancellation, as this is not listed in the documents they will include in my request. Up until this point they haven’t denied fault, which is all very interesting. I don’t think they'd have a leg to stand on even if they tried at this point, as it is becoming very evident that the cancellation was illegal, full stop. Their letter, along with my reply to them was forwarded to the CPS via email. A hard copy will be sent recorded delivery to the Crown Court. I did receive an email earlier from the CPS, acknowledging they received my grounds of appeal and all supporting documents (ICOBS and the FSMA) and that they are looking into it and will get back to me after they have reviewed it. This is at least some what promising. I will keep you guys posted as this unfortunate story unfolds. Thanks again to everyone That would mean that it varies from company to company then. The interesting thing here is, would anything any insurance company request and not receive, fall into the same category? I know of a friend who had his car insurance cancelled many years ago because he failed to send them a copy of his No Claims Bonuses, the reason being, his previous insurer did not send them to him, and he never bothered chasing it up. The grateful thing here however was that he WAS notified and given a 30 day notice in a letter sent by his company, via recorded delivery. how many unfortunate souls are out there right now with probably 6 points or more on their licenses because of this mistake in the insurance industry I wonder?
  2. Ayma
    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.
  3. Ayma
    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.
  4. Ayma
    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 SAR 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 ignored everything I had written by responding with a generic response “we did nothing wrong, we followed all the rules” blah blah.
  5. Ayma
    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! 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.
  6. Ayma
    Hey, Not sure if I should be worried at this point, could be down to the Christmas/new years break, but I haven't heard a word back from the insurance company yet. No phone calls, emails or letters. I've got the tracking number for the next day delivery, and it was signed for the following day. Should I send them a reminder letter, as it has definitely passed 40 days.
  7. Ayma
    Yup, I said to him "but the regulations on that clearly say 40 days and that you would have to respond before then, not 60 days" he then responded by telling me that what ever the regulations are they'll comply with them. (he didn't repeat the 60 day comment a second time.)
  8. Ayma
    Suprisingly I did, I downloaded an app before calling them and it saved the phone call. I will start reading up on ICOBS. Thanks again
  9. Ayma
    Just a quick update, I sent the SAR off on Tuesday, next day signed for. Before I did I phoned the insurance company to comfirm an address, and they said I had to wait 60 days to have anything returned to me, so I kindly reminded them of the regulations that clearly state 40 days. The thing here is, should I also send a S.A.R to my phone company and email provider.... just in case?
  10. Ayma
    ok will do, so is the letter satisfactory? Nothing I might have left out or need to remove? Thanks again!
  11. Ayma
    Here is the revised SAR: Any final thoughts? I really need to post this out today. Thanks guys! The thing I'm worried about is by mentioning the CPS and courts etc that the controller would get intrigued and look past the simple request and start cherry picking data to provide in the fear of loosing his job? I know it sounds odd but why would you sign something that will cost your company bit of money at the end?
  12. Ayma
    Hey, Yes I posted that almost a year ago but forgot my login details and couldn't find it in my bookmarks. I'm suprised you guys could find it Is that SAR letter good enough? Do I need to include anything else in the letter as it definitly needs to be sent off today. Thanks guys
  13. Ayma
    Hey guys, this is the SAR I mashed up, but I'm not sure if it looks offical enough, I will be sending it off during my lunch break next day special delivery. I will also be making a similar one to my telephone provider and email host, it will only cost £30 in total so not a huge fee to pay.
  14. Ayma
    Hi, thanks for the speedy response. I haven't sent any S.A.R's yet, I wanted to word it correctly so they don't give me the run around as I have googled this and many of them send parts of the request etc etc. The date is the 2nd of February, it does clearly state that this date can NOT be changed so that is why I am on my toes at the moment. Many people get back their request after 50 days, and if they fail to provide what I asked for, then I'm screwed... again. If I win this case then I will write up a detailed break down of everything for all to read up on for future reference. Searching on the internet shows that this happens to thousands of people and nobody gets anywhere with it, many of them take it on the chin and walk away but I refuse to! What has happened here is genuinely disgraceful, and I will do everything in my power to not let them get away with it. Thanks again!
  15. Ayma
    Hey, I hope you guys could help me regarding something that has turned fairly serious for me. Last year I was involved in a motorbike accident that left me in the hospital for two days, whilst at the hospital the police attended and questioned my insurance policy. They claimed I had no insurance at the time of the accident. I assured them I did and gave them my insurance details. They then came back to me and told me my policy was cancelled by the insurer, claiming they failed to receive a copy of my CBT (which I have and sent them via first class post.) I was cautioned by the police at the hospital and was discharged the following day. A few days later I got in touch with the insurer who told me they left me a voice mail and also an email with a confirmation of cancellation of my policy. Here is where it gets interesting, I KNOW they didn’t. I had no voice mails from them and no emails regarding cancellation. The last email I received from them was regarding my new policy and a copy of the certificate, followed by a reminder they need a copy of my CBT for their records, but nothing regarding cancellation. They even gave me the dates they allegedly left both of them and NOPE, nothing. (irrelevant to the matter in hand, the motorbike was stolen a few days after the accident.) I sent the insurer a letter demanding they tell me all of the actions they took before during and after the cancellation of my policy. They called back telling me they did try phoning me a few times, then left a voice mail followed with an email to confirm cancellation. They then said they did nothing wrong and everything was done to procedure (clearly not.) (relevant to the above, I believe there are regulations in place that tell insurance companies that any cancellation documentation MUST be sent via physical post - The insurer openly admits they do not operate via this method.) After a while I simply gave up trying and just put it behind me, chalked it up to another life experience and moved on. It was impossible to get anywhere with the limited resources I had as I couldn’t afford solicitation. Fast forward 8 months I get a letter from the CPS who decided to take me to court for not having insurance. I thought nothing of it as I would simply argue my case to the magistrates and it shouldn’t be a problem. I was WRONG. I was convicted and received 6 points on my license and a £300 fine. They even went as far as to say that I should have checked my insurance was in force EVERYDAY and that it was my fault that I didn’t! I have now appealed the decision and the crown court is now set for February, and this is where I need all the help I can get. As long as I can prove that the insurance company did not follow the correct procedure then I can win the case, for this I would need to request all the documentation they have, voice calls and emails they claim to have sent via a S.A.R however it is know for companies to give many people the run around regarding these. I would preferably also like to request S.A.R’s from my telephone carrier and my email provider for further evidence. I did try to look up the regulation that requires cancellation documents to be sent via post but couldn’t find it anywhere. I’m sure this would aid me in my case. Needless to say, the fact that the insurance company cancelled a policy due to an admin error is ridiculous. all the advice I can get at this point is much appreciated as all the solicitors I approached wanted £400 a pop and £200 just to send out letters and this is something I can simply not afford I’m afraid. Thanks for taking the time to read this. I really hope that I can win this just to slap it in the face of the insurer for the pain and agony they have caused me from day one. I couldn’t make a claim for the accident and couldn’t even make a claim for the stolen bike. It makes me sick that they could do this and casually get away with it so easily. Sending the CPS after me with a smile was equally disgusting. Thanks Again!
  16. Ayma
    OK, I finally got a call back from them today and here is what happened over the phone... They said to me that on the 21st of December they sent me an email asking for a CBT, which is correct, as I mentioned in my main post, however, this request was in an attachment with no instructions on how to do so, also, no cancellation date mentioned - which is what the lady over the phone told me was written! But I just looked it over again and nothing! They then said that on the 28th they sent me an email stating that my policy has been canceled they also said that on the same day they phoned me and left a voice mail! (they also mentioned they do not operate with postal mail and only use email/phones to communicate.) Here is where it gets interesting.... I can prove I never received that email! No email is in my inbox/spam/trash or deleted folder and I won't have a problem asking a court to order Gmail to release that information. I just phoned my mobile operator and they told me that they can not go back to December to check any incoming voice mails (if any) or any telephones numbers that attempted to call me. If I wanted that I would need to go to court and request for them to ask for this information. (its a simple pay-as-you-go sim so not a contract.) The insurance company said they are not in the wrong however did offer me some money towards a new policy if I decided to take it out with them again.... How lovely. What do you guys suggest I do now? I'm absolutely lost. Solicitors are telling me the want £400 just to look at anything I bring to them. OK I have semi proof that they did not leave me a voicemail either... I just realized that everytime I get a voicemail I instantly get an auto text message telling me I have a new voicemail and I did not get any messages.
  17. Ayma
    Hi, Well I sent it of a few days ago and received a phone call last night from MCE, they left a voice message telling me they will phone back on Monday as they couldn't get a hold me. The question here is, do I talk to the insurance company or get a solicitor involved? I know they record phone calls and I'm worried they may try to bait me into saying something or agreeing to something I shouldn't. At this point I think they will be very desperate to do anything to slip out if this to be honest. All the advice I can get is appreciated. Thanks again
  18. Ayma
    I posted a reply on Tuesday but it seemed it never posted....... Here is what I typed up based on the template you provided, please let me know if its any good: Thanks btw UncleB
  19. Ayma
    I really wouldn't wish upon my worst of enemies what has happened in the last few weeks, it was either I chased up a moped or paid rent by eating out of my limited savings, and seen as I couldn't do any heavy lifting anymore which is what my main job comprises of, I had to find another job which was not easy at all to be honest, not in my condition (I'm 'self-employed' which means if I don't show up, I don't get paid.) I even went to the Job Centre but they told me to start a new claim and to get any money takes upto 6 weeks which was ridiculous. Anyways, now that is behind me, so far I must have gone to 10 solicitor firms but they all seemed way to confused to help me as it they couldn't figure out if this was Civil litigation or Accidents... The second I said I wasn't technically insured at the time... they show me the door (hell I even tried the no win no fee accidents firms...) Previously I mentioned I never received an email from my insurer asking for a CBT, however, upon checking a few of the emails from them (confirmation of purchases) buried in 15 attachments to an email, one of them does request a copy of my CBT however does not state where I should send it to, nor does it say anything about a cancellation date if I don't – it even says not to respond to this email which is convenient. (note: I have not until this day received an email or a letter from them regarding cancellation of insurance. The last email I received from them was regarding the purchase back in November, which the above attachment was linked to.) I received a letter from the police asking me to complete a witness statement of what happened that day so I will fill that out and get that posted too. BankFodder mentioned I should start by writing a letter to my insurance company but to be honest, I wouldn't know what to say. If I write the wrong thing they can use it against me later on I'm sure of it, seen as they'd be desperate to walk away from this and seen as no solicitor is willing to touch this case I need to tread carefully at this point. I would like to pursue this for anyone else in the future to use as an example as it looks like I'm not the only one this has happened to but you can't find any sucess stories in detail either, so it would be good record keeping for anyone else later on. To answer a few questions asked previously, I took out the policy on the 25th November, it was canceled on the 28th December, accident happened on the 5th of January. The insurance company is none other then [EM-SEA-EE] insurance. Thank you! PS: I can only respond during the day as I currently work evening and night shifts.
  20. Ayma
    Hi BankFodder and many apologizes to all regarding this terribly late reply. My life has been hectic for the last few weeks beyond belief. My lower back was in a fair amount of pain for a few weeks causing me to quit my main job and search for another, I also had to move out of the place I was living as the rent became unbearable, which was the reason I picked up a second job in the first place. I recently got a steady job and settled back down so I have some free time on my hands again. I will keep you guys posted later in the evening with the updates, which isn't much by the way. Thanks again!
  21. Ayma
    hello, not long ago I thought I'd get myself a second job and thought doing pizza delivery wasn't such a bad idea seen as I'd be getting free pizza's every night (sad i know) So I went and got my CBT, purchased a bike got it taxed and bought courier insurance to go along with it and away I went. A few weeks back I was involved in a head on collision with a van, it decided to cut in front of me from the opposite lane to turn into a side street with no indication as I was doing about 30mph thus I ended up smashing into his bonnet at full speed and straight onto the ground knocking me out for a bit. I woke up in hospital hours later. Later that day the police arrived and oddly enough kept asking me about insurance. I said I had insurance but they told me that I didn't. I told them that is impossible as the payment was made in full etc and I never canceled my insurance. They came back to me shortly after speaking to the insurance firm and they told me that the insurance company canceled my insurance because I apparently failed to provide them my CBT. I contested and showed that I have a CBT etc, but the police where not interested and slapped me with the offense of driving without insurance, then they nicked the keys and took the bike away to a pound. After I got out of hospital I got on the phone to the insurance company, and they told me it states in their T&C that they have the right to cancel my insurance randomly at any point in the event that I fail to provide a copy of my CBT. They never sent me any letters, nor did they telephone or text me and I certainly have no emails from them asking me for a copy of my CBT. Do I have any hope in fighting the insurance company in court for the outright idiocy for not even having the courtesy to call the customer to tell them the insurance has been canceled and to stop riding the bike? They never even sent me a cancellation email, NOTHING! Any letters they may have sent would have been clogged up in the Christmas break, which is when they apparently canceled the insurance. (btw, still have not received any letters.) I am sure I now have a criminal record because of this, thus, ruining any future jobs in which a criminal background check is asked, which is almost everything these days. I was about to apply for a bus driving job and it specifically said, regardless of the offense, if you have a criminal record, you application will be automatically rejected. I am mortified right now. Any advice is appreciated at this point, thanks! MCE Insurance - https://www.mceinsurance.com/

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