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asap help needed - elephant/asda


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after a writting off a car 6 months ago BIL has not driven

 

he never made a claim on the policy as he was only 3rd party and there was no other party involved

he cancelled the insurance as the car was a writeoff

 

elephant however recorded a claim on the policy, after alot of pressing they admited they entered this in error as it was an incident not a claim and no claim had been made, however they insist that they were unable to alter this on the system

 

they then refused to honor the cancellation dispite having admited receaving it and have since set 3 differnt debt collection agencys on him for the sum of £680 odd pounds. dispite the insurance being on a car that was scrapped 6 months ago

 

he recently got insured again via asda, as elephant had told him there was no claim he didnt enter any claims, asda have now emailed him demanding an extra £379 or they will cancel the policy as there is an undisclosed open claim.

 

we are getting in touch with elephant tommorow to discuss this but i could really do with the answer to a few questions so i can press on certain points

 

  1. would an incident be likely to cost more or less extra on the policy than a claim
  2. if elephant keep claiming that they cannot remove the error from the computer which bit of the data protection act can i quote about incorrect data
  3. if they change there mind again and insist it is a claim can i demand details of this under the DPA
  4. as the debt is disputed can i insist they call off the debt collectors, which rule are they in breach of if they dont
  5. they should not make entries on his credit file about disputed debts if they have they should remove these
  6. if they admit that there is no claim but refuse to alter the file is it worth filing a N1 for any extra charges resulting from the non-existant claim
  7. is it even possible for them to keep open an insurance policy on an item that no longer exists
  8. if i do file an N1 what would be a reasonable amount for costs based off the fact ive delbt with this for him for around 4 hours a week, for the last 3 months
  9. does your hair grow back after youve torn it out (my little joke there)
  10. i have a disability report that says i should be allowed to record discussions as i have a poor memory, do i have to tell them first or after im recording the call
  11. if i do file an N1 as elephant is part of admrial do i list them as co-defendants
  12. and i think this is last, if i file an N1 it should be heard in my local court not theirs?

 

sorry for the long post but this is all sort of coming to a head now

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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some notes ive made correct them if im wrong

 

disputed debts = consumer credit act 1974

debt collection advice updated oct 2011

 

if incorrect details are held can claim for damage and distress under section 13 of the data protection act

 

4th princaple of data protection says all data held must be accurate - a claim where no claim exists is not accurate

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Share on other sites

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