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    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and inform the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court? You can be certain that these people do not want to go to court. In fact they probably wish they had never started. Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing the offer, I'm suggesting already that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
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Fraudulent claim against me but my policy has increased


stamarie
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Please could someone give me advice I really don't know what to do.

 

in January I got a letter out of the blue from my insurers

saying I had been involved in an accident and a claim was being made against me.

It asked me to contact them which I did.

 

 

Someone was claiming I went into the back of them even though I was 200 miles away at work at the time .

My case handler said she could tell it was a fraudulent claim and they would deal with it.

I heard no more from them and as far as I was concerned it was dealt with.

 

I received a letter yesterday 5 months later from my insurance broker saying my policy was increasing by £256

as my insurer had advised them of the mistaken identity claim !!

If I don't pay within 7 days they are adding it to my direct debit payments.

 

After spending over an hour being passed from broker to insurers

the problem is my insurer has closed the case as they know it wasn't me

but the third party hasn't closed it so the claim will stay open on my record until they close it.

 

No one can tell me how long this will be

but I'm worried because I can't afford to pay the extra money

nor do I think I should have to as I'm totally innocent

but if I don't pay my direct debit my policy will become void.

 

Please can someone tell me what I can do as I don't have much time .

Thanks

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Please could someone give me advice I really don't know what to do.

Basically in January I got a letter out of the blue from my insurers saying I had been involved in an accident and a claim was being made against me. It asked me to contact them which I did. Someone was claiming I went into the back of them even though I was 200 miles away at work at the time . My case handler said she could tell it was a fraudulent claim and they would deal with it.

I heard no more from them and as far as I was concerned it was dealt with.

I received a letter yesterday 5 months later from my insurance broker saying my policy was increasing by £256 as my insurer had advised them of the mistaken identity claim !! If I don't pay within 7 days they are adding it to my direct debit payments.

After spending over an hour being passed from broker to insurers the problem is my insurer has closed the case as they know it wasn't me but the third party hasn't closed it so the claim will stay open on my record until they close it.

No one can tell me how long this will be but I'm worried because I can't afford to pay the extra money nor do I think I should have to as I'm totally innocent but if I don't pay my direct debit my policy will become void.

Please can someone tell me what I can do as I don't have much time .

Thanks

 

You don't have to accept them adding it to your Direct Debit payments, if the renewal is not currently due. Register a complaint with the Brokers and Insurers on Monday. If it is obvious you were not involved in this accident, the Insurers could at their discretion maintain the no claims discount at the level it should be and write out to the third party insurers saying that the attempted claim is being rejected due to mistaken identity. I.e their policyholder has provided the wrong information about the party they had an accident with, as our policyholder (you) live 200 miles away and was nowhere near where they claim an accident took place.

 

Have a go on Monday trying to resolve. If they still want to charge this, then shop around for Insurance elsewhere and then threaten to take your business away from this brokers, the brokers should be assisting you with this. Still register formal complaints and threaten to involve the Financial Ombudsman.

We could do with some help from you.

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Many thanks.

I renewed with them in February and even at the time I asked what was happening with the claim. I was told there was nothing on my record so not to worry about it.

My no claims hadn't been affected and I haven't lost it so I can't understand why they are adding this money .

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Many thanks.

I renewed with them in February and even at the time I asked what was happening with the claim. I was told there was nothing on my record so not to worry about it.

My no claims hadn't been affected and I haven't lost it so I can't understand why they are adding this money .

 

The only explanation i can think of, is that the Insurers have paid out a claim under your policy and have notified your brokers of this. Because of this changed status of the claim, a premium loading has been applied if you have protected no claims or if not proected they have reduced your no claim discount plus applied a premium loading backdated to renewal.

 

Insurers would be entitled to apply reduced no claim discount backdated to renewal if they had since paid a claim, but provided they had warned you about this previously. I.e. When your renewal was being discussed they advised you that they would maintain your no claims discount level, but if the pending claim changed to being a fault claim, they would reduce your no claims backdated to renewal and this would mean an increased premium.

 

On Monday you will have to find out what has happened. You can put the matter under dispute and register a complaint for FOS purposes. They should suspend adding the extra premium or cancelling the policy, while the matter is subject to a complaint.

 

If the Insurers have paid a claim in error and you can evidence the error, then they should honour the renewal premium, no claims level and change claim status to non fault. The Insurers would have to accept the loss in regard to the claim pay out in error.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Have you changed Insurers / Brokers since the accident?

 

No I renewed with the same company but I did ask at the time and they said there was nothing on my file about the claim.

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