Jump to content


  • Tweets

  • Posts

    • Paint is a free programme on any Windows PC. But don't worry, the choice here is not either perfection or nothing. As you say, use your scanner, save the file ... and then use the "choose files" option when you post to CAG to add the file. We can do all the redacting and converting to the correct file type at this end.  The important thing is just to get the info to us. Why not do an experiment this afternoon and see if the above works?  
    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Elephant Car Insurance - Cancelling Policy & No Refund


bingobarnes
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5793 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Apologies if this is covered elswhere. Please do feel free to direct me to another thread.

 

I got car insurance from Elephant approximately 1 1/2 months ago, full comp and no claims protected. I paid up front for the premium. Unfortunately i'd only had the car two weeks or so when my house was broken into and my car stolen.

 

Elephant have written to me cancelling my car insurance (though they're dealing with the claim) as they claim there is no longer a vehicle to cover. Whilst I agree this is a sensible move they are however refusing to give me a pro-rata refund for the premium i have paid - e.g. the 10 1/2 months i would have had left to run.

 

Elephant argue that this is similar to a hire purchase agreement where if you buy something on a 12 month hire purchase agreement and that item is stolen in month 1 you are still liable to pay for the remaining 11 months. I agree but this is nothing like a hire purchase agreement. If they're no longer covering the car then surely they should refund.

 

They are citing their terms and conditions and of course they have a discretion to cancel any policy without reason on giving 7 days notice if a claim is made.

 

I want to fight this as this effectively increases my excess by the 10 1/2 months premium remaining, and indeed i think it is morally reprehensible after 11 years of no claims for them to act this way.

 

Anyway morality aside, has anyone any similar experiences???

 

I am going to approach this from an UCTA point of view but wonder if anyone knows of any decisions on this very issue.

 

I also wonder if I don't get anywhere, whether its simply worth attempting to recover the 10 1/2 months worth of premium in small claims court - i.e. its £30 cost to me and Elephant may decide its not worth sending lawyers to court to defend a £600 claims - particularly one that may question the enforceabiltiy of their T&Cs.

 

Any help would be most appreciated.

 

Thanks in advance!

 

BB

Link to post
Share on other sites

This is standard practice I'm afraid. If a car is a total loss, you still have to pay the outstanding premium right up until the end of the 12 month period. This is because by making a total loss claim you have effectively used all the services provided by the policy.

 

However, Elephant could allow a substitute vehicle to be insured for the remainder of the period.

Edited by LemonTwist
Link to post
Share on other sites

Hi Lemon Twist - thanks for your reply :-) I did suspect that it was standard practice, indeed a friend of the family who works in the industry has suggested as such.

 

I think I'll try the substitute vehicle cover as a good fall back position - though Elephant kindly informed me that if i'd like to get another car they'd be more than happy to give me a quote for new cover. What planet are these guys on from a marketing perspective. Do they seriously think i'll ever take out a policy or recommend them to anyone ever again!

 

Neverless although "standard practice" i'm not convinced this is lawful. I'm a solicitor myself (no experience of consumer law hence the cry for help) and i know that wretched lawyers deliberately draft T&Cs knowing they probably breach UCTA (or similar legislation) but hoping that in 99% of cases Joe Public will not have the expertise, patience and time to pursue a company. Sadly i took the insurance out before the new EU directives on consumer protection - maybe they'd have given a little more ammunition!

 

Am curious to know if anyone has tried claiming this breaches UCTA though. My initial feeling is that it does but i'm sure there must have been rulings on this very issue!

 

When you've been burgled (3 times in as many weeks) last thing you need is an insurance company trying to wriggle off the hook!

Link to post
Share on other sites

Hi Vusy,

 

No they simply terminated the policy - though i suspect they've not terminated it correctly but that's a different matter. There was no offer to cover me if and when i get a new car.

 

Elephant have been terrible. As soon as it was stolen i rang up on their out of hours line and left details. No one rang me back despite me ringing time and time again. I got a curt text message saying ring immediately and again no one would deal with it. I spoke to them yesterday and they told me no one would speak to me until i sent my documents to them.

 

Can't help but think this is going to be a real battle with them!

Link to post
Share on other sites

UPDATE - my car was involved in an armed robbery of a security van. It has however been recovered though am waiting for confirmation of no damage. Am hoping now that as no sum has been paid (and indeed i'm not sure how far elephant are with dealing with it) that i can simply recover the car and not put the claim in. Of course this requires elephant to agree to this, and that they will rescind their termination of my policy. Fingers crossed!

Link to post
Share on other sites

Elelphant should not cancel the policy but await you purchasing a replacement - or in this instance it's now recovered. Therefore if repairable then you should still have it covered under the same policy.

 

It is an annual policy therefore you could make numerous claims.

 

Suggest you go back to Elephant & insist they re-instate the policy. If not, complain to the ombudsman - details will be in your policy.

Can't recall who the actual insurance compamy is that underwrites elephant.com policies - could be UK Insurance Ltd which is owned by Direct Line & ultimately RBS.

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
Link to post
Share on other sites

Elelphant should not cancel the policy but await you purchasing a replacement - or in this instance it's now recovered. Therefore if repairable then you should still have it covered under the same policy.

 

It is an annual policy therefore you could make numerous claims.

 

Suggest you go back to Elephant & insist they re-instate the policy. If not, complain to the ombudsman - details will be in your policy.

Can't recall who the actual insurance compamy is that underwrites elephant.com policies - could be UK Insurance Ltd which is owned by Direct Line & ultimately RBS.

 

It's actually Admiral who underwrite Elephant policies and they own the Elephant brand as well. :)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...