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Do I go to court and plead? Need to make a decision - pls help


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Hi everybody, not posted here for a long time, hoping someone can help please?

 

I opted for the automatic renewal on my car insurance policy (have done for several years) and then moved house.

 

I rang to let them know new address but for some reason they sent documents to my old address and then cancelled the insurance,

probably because the new owners returned the post rather than holding it for us.

Not their fault really, I didn't go round often enough to pick it up.

 

renewal date came and went,

new house,

new stressful job and depression intervened

and I didn't chase it up, thinking my new policy documents would be in the pile of unopened post in the hall.

 

three months later stopped for no insurance.

Reinsured on the spot and the police officer let me drive the car home.

 

I am on a low income at £6.50/hr and have engaged solicitors who reassured me that I have a strong 'special reasons' case.

 

Although it is a strict liability,

a successful argument could potentially lower the penalty, from 6 points and £200 fine, to either an 'absolute discharge' which stays on license for 6 months,

or discretionary short ban, or, if not successful, 6-8 points and £200 fine.

 

So far my £500 to the solicitors has paid for a representation to the issuing police, unsuccessfully.

If it goes to court I am looking at at least a further £360 for representation.

 

I am not in the pink financially, neither am I feeling brave. I am struggling to make this decision and could use some advice pls.

 

Thanks for any replies.

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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If you opted for the automatic renewal why did the brokers not suck the money out of your bank account as they would do in most cases. No address change should alter your bank detail.

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If you opted for the automatic renewal why did the brokers not suck the money out of your bank account as they would do in most cases. No address change should alter your bank detail.

 

It would obviously invalidate your insurance if you gave the wrong address you are meant to inform the insurance company of any changes to your circumstances.

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If you had an honest and reasonable belief that you were insured then the magistrates can find special reasons not to endorse your licence and, probably, give you a discharge instead of a fine. Whether your belief was reasonable is ultimately up to them to judge. I assume your solicitor has told you this. Is he able to point to cases where he's had successful special reasons pleas in similar circumstances? And is he a motoring specialist? Motoring law is quite a specialised area, and non-motoring specialists are not always a good choice to represent you.

 

An IN 10 code on your licence would cost you more than £360 in increased insurance premiums over the next 5 years so if there's a reasonable chance of avoiding it with a special reasons plea then it would probably be worth your while trying it.

 

TBH if your solicitor is a good one I'm not sure what better advice you think you'll get from an Internet forum Johan you will from him. If he's not a good one, why are you paying him?

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If you opted for the automatic renewal why did the brokers not suck the money out of your bank account as they would do in most cases. No address change should alter your bank detail.

 

I am going to try to get answers from the insurance company as to the exact reasons why they cancelled my insurance. If they somehow failed to log my new address and then got post back saying 'no longer here' I don't understand why they didn't ring or email me. Anyway, if I find out the circumstances I'll let you know.

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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It would obviously invalidate your insurance if you gave the wrong address you are meant to inform the insurance company of any changes to your circumstances.

 

As I said, I did ring them to tell them of my new address, but documents were apparently sent to the old one. I am also going to look back and see when the payments stopped, to see if this sheds any light. I need answers from the insurance company and so far haven't got any, but I'm going to try again today.

 

thanks for your reply

Edited by SweetRevenge

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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If you had an honest and reasonable belief that you were insured then the magistrates can find special reasons not to endorse your licence and, probably, give you a discharge instead of a fine. Whether your belief was reasonable is ultimately up to them to judge. I assume your solicitor has told you this. Is he able to point to cases where he's had successful special reasons pleas in similar circumstances? And is he a motoring specialist? Motoring law is quite a specialised area, and non-motoring specialists are not always a good choice to represent you.

 

An IN 10 code on your licence would cost you more than £360 in increased insurance premiums over the next 5 years so if there's a reasonable chance of avoiding it with a special reasons plea then it would probably be worth your while trying it.

 

TBH if your solicitor is a good one I'm not sure what better advice you think you'll get from an Internet forum Johan you will from him. If he's not a good one, why are you paying him?

 

Thanks for this.

 

The solicitor is a motoring specialist and has said they think there is prospect of success, obviously with no guarantees.

 

I came to the forum because I am afraid of making the wrong decision and have found people here helpful and supportive in the past. I am no expert - either in motoring matters, my chances of success in this, or in choosing or knowing in advance who would be a good firm of solicitors to represent me. I know that there are solicitors out there who will lead a client on in order to get the fees in the bank - please don't tell me they don't exist.

 

I was hoping someone on here with some experience of this kind of 'special reasons' case might be able to comment and help with my perspective in this matter because frankly I would quite like to climb under the duvet and let my depression take over at the minute. I believe from your straightforward answer you have never experienced this level of despair - it can be quite difficult to explain to someone who hasn't.

 

Nevertheless everything you have said is very sound and sensible and I am very grateful for your response.

 

Regards

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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If you opted for the automatic renewal why did the brokers not suck the money out of your bank account as they would do in most cases. No address change should alter your bank detail.

 

The direct debit continued to function until the end of January, some 3 months after I had moved. It apparently stopped after the renewal date - which I wasn't expecting either!! I know other people have had problems with insurance companies continuing to take money from their accounts after the insurance is no longer required, but mine was never cancelled - they just stopped taking the money.

 

I don't have any of the correspondence from the old address to rely on but the automatic renewal had worked fine the year before. This is why I thought I was insured.

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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You have mentioned a direct debit, which I assume is for payments staggered over the year to cover the annual premium, and the automatic renewal, which would be based on a new premium for next years policy. If you have accepted auto-renewal then I can't see why the updated payment could not be taken, unless it requires a new direct debit to be set up, reflecting the revised - read increase - in the cover

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