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NormalJoe

Cancelled insurance while claim active - HELP!!!!!

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I recently bought a car and insured the car through Swinton. I paid the 1st payment via debit card. Four days after I started the insurance I was involved in a car accident. I raised the claim and the insurance underwriter started with the body repairs. On the 1st of March my normal insurance instalment went off my bank via DD. On the 4th of March I received a letter from Swinton stating under the terms of the "terms of the credit agreement" (relating to monthly payments), the full balance must be paid in full. I contacted my local Swinton branch requesting they state in writing the full amount and detailed cost breakdown and that I will pay the outstanding amount in branch, which the Swinton agent agreed to. Since the body repair shop is still waiting for two parts my car has not been repaired yet. I recently received a "cancellation of car insurance" from the broker stating the cancellation will take effect in 7 days.

 

I have many questions:

1. Is it legal for Swinton to cancel insurance without stating the reason?

2. What are the implications to repair my car as my car has not been repaired and returned and they have given me 7 days notice of cancellation?

3. What legal recourse do I have?

4. Other than the FOS, who will take this complaint to task?

5. Is there a lawyer that have taken a case this this and won? What's the contact details?

 

I look forward to your advise. :mad::evil:

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Because you have claimed so early within the policy term, I presume Swinton want the remainder of the full annual premium to be paid now. This is covered in the terms of your policy I guess. They would not say it was, if this was incorrect, surely.

 

So my advice is to phone them and find out what is due and pay them.

 

If you don't pay them I guess they won't pay to repair the car, the policy will be cancelled and you will then have problems arranging cover elsewhere.

 

Once you have paid them the premium and avoided the cancellation, you can then make a complaint about the way they have handled this. If they won't make amends and offer an apology, you could then go to the FOS out of spite, which will cost Swintons a £500 case fee and you nothing apart from the postage.

 

1) Yes, there is a clause in the policy allowing Swinton to cancel after giving 7 days notice in writing.

2) They won't pay to repair the car. Failure to comply with contract terms to pay premium due.

3) Very little, unless Swinton have breached any terms of contract.

4) Complain to Swinton, but only after you have paid.

5) Pass.

 

Don't fight this now. Do as Swinton have requested by paying what they say is due and then make a complaint to them, going to the FOS if necessary. If you try to fight this now, they will cancel. You will then be in a really difficult position. A damaged car, more expensive Insurance through a company that specialises in providing cover for cancellation/voidance risks and be stuck in a long winded complaints process, when there is no certainty of success. Swintons can take up to 2 months to look into a complaint and the FOS is currently taking more than 6 months.

 

Ignore this advice at your peril. Swinton are a bunch of amateurs, who do not care if they make a customers life a misery. Have a look at some of the horror stories online, where people have been fighting them for months, if not years.


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Since Swinton are brokers I am assuming that the Insurer concerned is asking for full premium before authorising repairs, which is most unusual when a car is to be repaired, it's more likely when the car is a total loss.

 

Ask Swinton exactly why they require the full premium to be paid when you had a credit agreement spreading the premium over 12 months

 

Mossy

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find out the reason for the 7 day cancellation,

 

If THEY are cancelling you do not have to pay the full premium regardless of the claim (but accertain the reason first).

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