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    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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Octagon car insurance have cancelled my policy. Help please


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Hi,

I have recently moved and brought a new car, I searched on comparison sites for car insurance and octagon came up one of the cheapest.

I phoned them and set up my insurance over the phone.

They requested additional information documents which I sent via the email they gave me on the 28/5. When I spoke to the customer services they told me that they have received the documents and if there are any problems they would contact me.

I had no contact with them at all until I received an email from them this morning 12/06 advising me they have cancelled my car insurance policy from 08/06 (happily allowed me to drive around for 5 days unnaware)

I have just phoned them to find out what was going on. They advised me that they tried to phone me ONCE and didn't leave me any voicemail, on Monday 01/06 to say that I needed to pay an additional payment as the dates I gave them for how long I have been driving is incorrect (although the adviser when setting up the policy was the one who put the information down)

I did not have any missed call or voicemail from themselves.

Where do I stand with this?

They happily have taken my deposit of £130 and my first install meant of £60 (ironaically was taken the day my policy was being cancelled!!)

Ŵhen j spoke to them this morning the man I spoke to was very unhelpful, advised me that they could not reinstate it and they could pass the info onto the complaints department.

Not sure what to do from here really...

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Read up on ICOBS.

Monitor this thread for a fuller reply later

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Octagon are a small Insurers based near Bristol and this is typical of the complaint I have seen about them. They cannot handle the volume of business they take online.

 

On Monday you might be able to get it resolved and the policy reinstated. They should be able to check the original phone call to see whether they have typed in the wrong information. If it is their mistake they can honour the original premium and ensure you have the cover.

 

On a Saturday they won't have the staff in that can resolve it today. If you need temporary cover for car as you need to drive, there are temporary cover providers such as Dayinsure. If your complaint with Octagon is successful, you could try to claim back any temporary cover costs.

 

Hopefully you will get it resolved on Monday. If they say they cannot reinstate the original policy due to their mistake, because they cannot backdate, there is no reason they cannot issue a new policy and transfer the premium across that you have paid to date.

 

They have a local number 01454 410535 or 410536 ( this was their number for customer services).

 

Or even better complaints number appears to be 01454 423233

We could do with some help from you.

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You wIll find many cases like yours online.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?394543-Octagon-Insurance-Policy-Cancelled

 

In future, do some research and try to stay clear of small companies who use Gibraltar registered insurance underwriters. There have been cases where people have had their cars seized by Police for driving without Insurance. They offer cheaper premiums, but do not have the staff to offer customer service. Their claims service is often outsourced to another company and can be poor.

We could do with some help from you.

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I have brought temp car insurance to cover until monday.

I just don't understand how they can get away with doing things like this!

I'm so worried about what will happen on Monday, im currently pregnant and this is so stressful!

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The advice and the information you have been given above is very sound.

 

There have been a lot of instances recently of insurers cancelling people's insurance for all sorts of reasons without any notice and leaving them underinsured through no fault of their own.

 

I think that this is extremely unfair and it needs dealing with.

 

In the first instance, follow the advice above. I think you need to get a full explanation of what has happened and why. Then come back here, that is no and we will advise you on the next course of action.

 

Read our customer services guide. I think it is extremely unwise to deal with any company on the telephone without recording the call. Read our customer services guide and implement the advice we give their before dealing with this company any further on the telephone or any other company – ever.

 

You will regret it if you don't

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I have brought temp car insurance to cover until monday.

I just don't understand how they can get away with doing things like this!

I'm so worried about what will happen on Monday, im currently pregnant and this is so stressful!

 

They only have to provide 7 days notice of cancellation in writing by whatever method of communication used at the start of the policy. With a lot of online companies they send out emails which are likely to end up in junk files. Your email has arrived late, after the policy had been cancelled.

 

Octagon complaints have resolved other people's complaints, but you just have to be first in the queue Monday morning. Have feeling that you are not alone and they will be busy. They need to listen to the phone call and see how this compares with what was typed onto their system. If it is their mistake they will have to reinstate and honour the premium. I would also expect them to pay your temp cover premiums and compensate you for costs/hassle sorting it out.

 

In the Bristol area there are a number of online insurance companies, some set up by ex employees of einsurance and they all appear to have the same issue. They offer cheaper premiums, have problems with documents/wrong info and policies getting cancelled, sometimes without policyholders knowing. They all seem to use Gibraltar registered insurers and perhaps they use the same I.T systems. It cannot be a coincidence that their customers are reporting the same problems.

We could do with some help from you.

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Any update ? Did you resolve ? Would help other Octagon customers to know this ?

We could do with some help from you.

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Update:

Complaint was passed on to the complaints department. They said that their advisors had done nothing wrong and they had tried to contact me once.

They are refusing to refund me and they said I could start up a new policy however I would have to pay another £130 deposit!!

Absolutely shell shocked at their cheek!

What do I do now? I am disgusted at the service I have received.

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Tell them to issue their final response letter and send you the no claims proof, as you now will go elsewhere for insurance, but will continue the complaint with the FOS. If you go to the FOS, it may cost Octagon a£500 case fee and you nothing apart from postage. Always worth complaining to hold Insurers to account.

 

Did they listen to the phone call and say that you gave them the wrong information ? If this is so, you can send them a Data Protection subject access request for a copy of the phone call recording.

We could do with some help from you.

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What do I Need to do for the FOS? They couldn't find the phone call and told me that I must had made the mistake! They are a very frustrating company to deal with! They have taken £195 from me and now want an additional £30 for cancellation!!

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What do I Need to do for the FOS? They couldn't find the phone call and told me that I must had made the mistake! They are a very frustrating company to deal with! They have taken £195 from me and now want an additional £30 for cancellation!!

 

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

 

 

See link above.

 

Tell Octagon you will be going to the FOS, will not pay the cancellation fee and they have to send you the No claims proof so you can use this elsewhere. They are not allowed to withhold the no claims proof tin order to extract any fee they think is due. If you have any problem with Octagon, pick up the phone to the FOS and they will take the complaint on now.

We could do with some help from you.

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  • 2 weeks later...

For what reason was the policy cancelled? If there was just a discrepancy in details, eg your claims history, then they would presumably adjust the premium and hit you with extra charges. I think they would only cancel it is you were ineligible under their terms, eg too many previous incidents, or not having held a licence long enough, etc. If the latter, they can refuse to insure you - but if the former, it seems strange they'd cancel it. Did you ask them what the problem was?

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they are obliged to record all of the calls by law so saying they cant find it is utter cobblers. Let them know you will be seeking to recover your costs after your complaint to the FOS is upheld ( as it will if what you say here is anything to go by) That means any additional premiums, fees etc, extra costs of insuring elswhere over and above their premium etc.

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