FOS & ICO found insurance company liable for not informing in a call of no insurance

[Nicky Bodmin]

Hi Guys,

 

I'm in Appeal Court Monday 1st March against sentence. Courts found me guilty of no Insurance. Tesco was summons to attend and release paperwork for my defense. They failed on both accounts. I was sentenced

I have successfully complained to the FOS and was told Tesco haved failed in telling me on the day I was stooped while making a call to ask about changing my named driver cover on ,my sons policy. Only my cover was discussed. The ICO have reported they are in Breech of Prin 4 and several other's. for not changing my address details.

The FOS have advised Tesco to indemnify my policy of that day.

Tesco will be attending the hearing on Monday, but are appealing the FOS report.

Tesco response is that bthe payments department would not have the information required in front of them to be able to give the advice. But while tryiong to find the expiry date because I was going to cancel the policy and he was looking for finish date to advice me if it was worth doing. He first of all read my end of cover date the corrected it. But he all along the conversation was saying my cover.

 

Any advice please. I got 6 points £500 fine

[unclebulgaria67]

To be honest I don't understand the comments in your post.

 

I gather the FOS and ICO believe that the Tesco Insurance records were inaccurate and this led to misleading advice being given. Tesco are disputing this with the FOS and the ombudsman will decide in due course whether to accept their appeal or not.

 

If the FOS details and your other defence information suggests that you fully believed that you held Insurance at the time you were stopped, I cannot see you losing your appeal.

 

In this situation if you are not confident in putting your case forward, you should have arranged for a solicitor to have helped you.

[MARTIN3030]

Pity that you cannot get an adjournment of the magistrates case pending the outcome from both the ICO and the FOS.

If Tesco will say they are appealing the FOS decisions,then the Court is likely to be taking this into consideration.

[Nicky Bodmin]

Hi,

 

Thanks for the reply.

No point in a solicitor had one he said I didnt have a case.

I have proved him wrong. All I want to try and find out is the duty of care issues. The ICO and FOS have both found them in breach of lots of DPA and FOS have found them not acting correctly on lots not just one point. The 2 reports show Tesco to be without a doubt at fault.

They also lied to the police when giving info about my ins. They told police I have not had cover since 2004. I have had cover as a named driver 3 times since. This misled the courts. Can anyone advice me if it a purdy charde or what the charge is

[vusys1]

Hi Guys,

 

I have successfully complained to the FOS and was told Tesco haved failed in telling me on the day I was stooped while making a call to ask about changing my named driver cover on ,my sons policy. Only my cover was discussed. The ICO have reported they are in Breech of Prin 4 and several other's. for not changing my address details.

The FOS have advised Tesco to indemnify my policy of that day.

Tesco will be attending the hearing on Monday, but are appealing the FOS report.

Tesco response is that bthe payments department would not have the information required in front of them to be able to give the advice. But while tryiong to find the expiry date because I was going to cancel the policy and he was looking for finish date to advice me if it was worth doing. He first of all read my end of cover date the corrected it. But he all along the conversation was saying my cover.

 

Any advice please. I got 6 points £500 fine

 

 

can you give the circumstances of the events? the above is confusing.

 

I was stopped while making a call to change the named drivers on my sons policy.?? are you a named driver on this policy and were you stopped driving your sons car?

 

only my cover was discussed??

they are in breach for no changing my address?? if its your sons policy it is down to your son to notify Tescos.

 

payments departments would only be involved in the payments side of policys and would not be able to discuss or action changes of address or levels of cover etc.

 

if you were stopped at the roadside,the Police normally call through to check that the driver is covered or vehicle is insured. Iam only assuming that the policy has been cancelled for non payment as you have mentioned the payments departments.

[Nicky Bodmin]

Nothoing like that I was a named driver while son out of country. They didnt advice me my cover has stopped. I called to make payment on day I was stopped. I discussed at length wanting to change policy. They should have told me then I wasnt covered they didnt

[unclebulgaria67]

Were you the policyholder or just a named driver under your sons policy?

[unclebulgaria67]

Were you the policyholder or just a named driver under your sons policy?

 

I take it your son was the policyholder and you were just a named driver. As this is the case, the policy was a contract between your son and the Insurers. Only your son could could make any changes to the policy and in the event of there being payment problems, they would have only written to your son at the address he noted as living at. They would not write to the named drivers.

 

I can't see your appeal being successful, if you cannot make a case here on this forum. Your only hope is that the people representing Tesco Insurance admit to errors.

[Nicky Bodmin]

no In was given full control of policy yes it was sent in his name butI had all dealsing with it. He lives in Spain 9 months of the year. So u think that the courts will ignore the ICO and the FOS out come. I thionk you are wrong sorry

[Nicky Bodmin]

I dont have to hope Tesco admit error even if they dont I have transcripts of all calls and the evidence is all in them

[unclebulgaria67]

Looking back at your previous posts you only appeared to call Tesco after the Police had stopped you. It was at this point that there was a problem with the information you were given.

 

Was the policy cancelled before the date you were stopped?

 

Did you register with Tesco a power of attorney or letter from your son giving permission for you to deal with the policy ?

 

Was your address given to Tesco as the address where the car was kept as well as being the address for correspondence?

 

If your address was registered as the address for correspondence, were any letters received from Tesco regarding payment issues ?

 

Were Tesco aware that you were the main driver, as your son was mainly living abroad?

[vusys1]

tesco only issues policys to perm residents of the UK( have to live in the UK for at least 9 months of the year)., if your son is out of the UK for 9 months of the year this should have been disclosed as this would also have a baring on wether cover would have continued.

 

Back to the problem in hand. If the policy had already been cancelled due to payments they would have written to your sons address or the advised correspondance address at least 3 times. Twice usually to advise there are payments issues and the 3rd and final time to confirm a cancellation date unless payment is made.

 

I assume that the policy had already been cancelled before you were stopped? if you called to make a payment,they only would have taken any outstanding monies owed,they would not confirm the status of the policy if it was already cancelled & that confirmation of this had been sent.

 

r.e the above. Tesco do not need POA, as long as the son has confirmed that his dad can call & make changes on his behalf, thats ok.

[unclebulgaria67]

Sorry Nicky I can't see you winning the appeal and agree with the solicitor you talked to about this.

 

Tesco are right to appeal to the FOS. It sounds as if the full story was not given to the FOS.

 

Good luck anyway. Let us know how you get on.

[Nicky Bodmin]

Excus me the full story was given to them. Read my posts then u might keep up . That was the first year he went away. He wanted to cancel the policy they wouldnt let him because of the claim that was active. No policy was not canceled because I was driving on it and was paying it . Thank god IO wasnt needing good advice reALLY BECAUSE IT WOULDNT HAVE COME FROM THIS THREAD. i HAVE BEEN ON THIS FORUM FOR QUITE SOME TIME. i HHAVE ALWAYS RESPECTED AND HAD GOOD INFORMATION FROM cAGGERS UNTILL NOW. Im suprised site team have not jumped in here. And as for tesco Appealing they have failed in all ways to their policy holder and named driver. When it comes to courts were insurance companies are concerned its the insurance company have a very big reponsiblity to make sure all info is correct and their policy holders kept informed of changes.

they are governed by regulations just like the rest of the financial institutes.

Breech the rules and people pay high pricews for it. Insurances companies are the same.

We instruct insr companies in GOOD FAITH to handle our cover in a manner that doesnt cause damage or loss. As long as the policy holder does what is required of them.

I satisfided what is exspected of me in their Term and Conditions.

I exspect the same in return.

[Nicky Bodmin]

tesco only issues policys to perm residents of the UK( have to live in the UK for at least 9 months of the year)., if your son is out of the UK for 9 months of the year this should have been disclosed as this would also have a baring on wether cover would have continued.

 

Back to the problem in hand. If the policy had already been cancelled due to payments they would have written to your sons address or the advised correspondance address at least 3 times. Twice usually to advise there are payments issues and the 3rd and final time to confirm a cancellation date unless payment is made.

 

I assume that the policy had already been cancelled before you were stopped? if you called to make a payment,they only would have taken any outstanding monies owed,they would not confirm the status of the policy if it was already cancelled & that confirmation of this had been sent.

 

r.e the above. Tesco do not need POA, as long as the son has confirmed that his dad can call & make changes on his behalf, thats ok.

 

Hi no missed payments.

I called on the day I was stopped and made payment.

I have challenged them on the amendmant after my name was taken off my sons policy and was advied that, no new doc would have been sent out. But on previous conversation I was hold that every time a change is made to a policy it automatically generates the issue of a new policy doc of ins.

Even if this had happened because Tesco failed to follow instruction that we didnt live at orginal address policy was on it wouldnt have got to me anyway

So please Im sick of you all saying its my fault.I have a long list of mess ups that Tesco had done throughout that year of cover. And all proven and supported with evidence.

They left me on another occassion un insured as a named driver. I called to tell them I wanted to extend cover for two more weeks. This only came to light last week. Twice now I have been left uninsured because they didnt follow instruction.

[Mossycat]

Excus me the full story was given to them. Read my posts then u might keep up .

 

Thank god IO wasnt needing good advice reALLY BECAUSE IT WOULDNT HAVE COME FROM THIS THREAD. i HAVE BEEN ON THIS FORUM FOR QUITE SOME TIME. i HHAVE ALWAYS RESPECTED AND HAD GOOD INFORMATION FROM cAGGERS UNTILL NOW. Im suprised site team have not jumped in here.

 

Un-subbing, comments like that are out of order, vusys1 and unclebulgaria have actually given you very sound advice based on the information you provided.

 

Mossy

[vusys1]

sorry you feel that your not getting the right advice, I know how tescos work & we deal with Police roadside stops,court attendance & witness statements.

 

If the information was wrong how did the courts arrive at the conviction?

 

can i ask a few q`s?

1. Why were you calling to make a payment?

2. Are you a permanently named driver on your sons policy or are you on there as a temp driver?

3.why were you stopped if insurance was in place?

4. Who amended the policy to remove you as a driver?

 

Iam not trying to blame but to understand the events that led to you being uninsured and to advise on what might have happened.

[unclebulgaria67]

Excus me the full story was given to them. Read my posts then u might keep up .

 

Nicky

 

That was the problem with your posts in this thread. They did not give clear information about the chain of events. If you wanted to be given advice that was tailored to cover the exact situation, you needed to provide better information.

 

The reason I deliberately posted a negative comment, was that you did not react to very reasonable questions, even though you were viewing the thread. When you appear in court they will be asking questions and if you don't answer them clearly you will have difficulty in making a successful argument.

 

I do not apologise for the challenging style of my comments. You were posting on this site a day before your court appearance and therefore neeeded to be challenged. If you just wanted someone to agree with you and provide you with false confidence, personally I don't think that would have been helpful.

 

Anyway as I said, I genuinely wish you good luck and look forward to you updating us later.

[Nicky Bodmin]

Hi guys,

 

I won my case.

I didnt even have to give evidence. My paper work and FOS ICO information had already proved the claim that Tesco have a duty of care to look after their policy holders.

They had failed me on all points.

Now I claim my losses damages for defamation. And wrongful conviction.

I presented a case that when it came to the hearing the Appeal,

[unclebulgaria67]

Well done!

 

I wish you success in pursuing this further with Tesco.

[Nicky Bodmin]

thank you

[Andrew Thomas]

I had a very similar situation, although did not have a accident or get pulled over im glad you won your case it just goes to show if you stand up and persevere you can beat the big boys

[Nicky Bodmin]

Thanks Andrew,

Yeh the trouble with me if I no Im right I will not stop till it has been corrected. It took two years of my life. I had no Legal help I just got all information all calls and recorded all complaints calls to.

Then used info gained and went to ICO Data Protection and FOS. Then once they were onside then the Appeal hearing was simple. I didnt even have to speak my evidence didnt need challenging, it had all been proven before hand.

So yes never give up because you thinks its above you. Fight

Im now enjoying this next part.

Compensation damages for what has happened.

And Managing Directors Office are now talking at last.

I pushing for the one member of staffs job.

Fingers crossed.

[Nicky Bodmin]

Hi guys,

 

On Friday I had a call from the firm of solicitors that were acting for me in the early part of my Appeal.

He was at the hearing and after my complaint to the firm wanted to details.

I told him the history of the acting solicitor. I got a full apology from the firm, of the poor handling and bad advice give by their solicitor.

He also added that it was good to see someone fight for justice even though the advice given advised the opposite.

All I'm trying to say, is some times you have to ignore the adduce given and act on what you feel is correct.

The problem is some times a case falls between criminal and civil and it seems that solicitors have difficulty, and lack of knowledge to see that other factores have an influence on the outcome of a case. Mine is a good example of this.

If anyone finds them self in this situation stand firm and prove your point.

Use as many regulatory bodies as you can to support your case.

Show that the company are failing in their duty of care to yourself.

All insurance companies are governed , find out your rights as the insured. and show them to have failed you. It has a good in pact on the proceedings for special reasons for no insurance.

 

Good luck to anyone in this situation. Dont give up.