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XS Direct 3k Total Excess - Worried regarding Debt Collectors


Jayden1994
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I am not convinced the FOS will be helpful, without more information. See what you can get hold of and then you could present it to the FOS. But you would need to make the case to them properly.

 

See what you told on the comparison site and Insurers site when you bought the policy. I am not sure all sections excess is enough. It should tell you of a possible debt, as the excess also applies to third party claims.

 

Your Insurers may not take it to court, they normally sell these debts. But you should dispute as best you can and see what happens.

We could do with some help from you.

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I sent you all the information I had relevant to excess, The only other thing was the recording of the sales call to confirm details.

 

They have requested I send them a blank CD so they can send me the recording back.

 

What should my next steps be to fight this as my insurers are chasing me for paperwork to continue the case but of course they are awaiting figures etc. What do you think I should do next?

 

Obviously I do not want them to cancel my policy as I only need to wait till the end of this month before I can swap, But they also mentioned if the debt is paid off I retain my no claims for the year... Wonder if that's the case if I dispute and win?

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What paperwork ?

 

If it is asking you to confirm you will repay the Insurers how much they pay the third party, then you should NOT complete that.

 

Register a complaint with the Insurers that you believe the policy was sold to you on an unfair contract basis i.e no explicit warning of excess applying to third party claims and of a possible debt obligation by contract term, not explicitly mentioned when buying the policy.

We could do with some help from you.

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Its an accident report form requesting certain pieces of paperwork from myself so they can "represent me to the best of their ability".

 

Link to what my claims handler is asking for: http://imgur.com/a/IB5na

 

So I register a complaint and does that automatically put the case on hold as they investigate further?

 

I take it I call XS Direct, my insurers handling the claim and not Insure Your Motor ?

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The sales call would be interesting to see the transcript to.

 

An "Official Complaint" and then a complaint to the FOS is worth considering, I do not believe the XS Direct sales via brokers / comparison sites has been tested yet and the complaint process and FOS is free for you to use. The FOS may well levy a charge of circa £500 to the agent which is non refundable eg they pay it whether you win or lose the case.

 

There is a small chance that XS Direct and / or the agent will not want to risk an FOS case as it then becomes public record for others in your position to see and although it does not always set a precident they tend to be very influence other Ombudsman adjudicators when dealing with similar cases. So the chance of a registered FOS complaint might mean they come up with a solution that you find acceptable before it gets to the Ombudsman stage. This is a fairly long shot.

 

Also bear in mind that the Insurance regulators and the Ombudsman regard the consumer as being uninformed about financial products so require Insurers to make very clear to the consumer what they are buying so they can make an informed decision.

 

I have seen a number of similar cases on various other forums and in each case contributers who work in the industry do not realise what an "All Sections Excess" actually is, so if insurance professionals do not understand it applies to third party claims then it is understandable that a consumer would not realise if they just see the legend "All Sections" next to the excess unless it is made clear it also applies to third party claims.

 

I suspect there is other paper work that we have not seen that explains that the excess applies to third party claims, it would be helpful if you have any such paperwork that you post it up so we get the full picture.

 

I am not saying you have a case, but if the policy has genunely been miss sold then you would have a reasonable chance of suceeding with a complaint to the FOS.

 

If you could post up all the paperwork you have been given, it is mainly the pre purchase paperwork that is important and what they told you on the phone.

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Its an accident report form requesting certain pieces of paperwork from myself so they can "represent me to the best of their ability".

 

Link to what my claims handler is asking for: http://imgur.com/a/IB5na

 

So I register a complaint and does that automatically put the case on hold as they investigate further?

 

I take it I call XS Direct, my insurers handling the claim and not Insure Your Motor ?

 

When you complete the form, just provide the accident information known to you. Add a note to the form that you dispute the excess applying to third party claims as an unfair contract term, not explicity mentioned at point of sale. Complaint with referral to FOS if required.

 

In your policy wording, it should have a section about complaints and who to register this with. As it relates to the sale of the policy, perhaps you need to register this with Insure your motor with a copy to XS direct. If this excess is subject to a complaint, then in terms of XS trying to reclaim it from you, they will pause debt collection while a complaint is ongoing.

We could do with some help from you.

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Hi

 

Once again thank you for all the info

 

In all the above posts I have attached every piece of paperwork relevant, the rest was regarding breakdown assistance and key cover and emails were solely from close brothers finance saying they can finance and will finance this premium. Everything I attached is all I got.

 

I am awaiting some blank cds to come from eBay as I was told from insure your motor that I need to post a CD to them so they can send me back the relevant phone transcript.

 

Bearing in mind all the above, I want to issue a complaint with either insure your motor or XS direct but I'm not sure which one to complain to at this point in time...?

 

Also from the attached in my last post my claims handler has given me till this Friday to provide the relevant paperwork if you saw otherwise they will issue a 7 day cancellation... I don't want my policy cancelled or course as this will mess my future quotes up will it not ?

 

I'm just not exactly clear what my next step is right now considering what I've been told in the above email. Do I issue the complain alongside the paperwork they've asked for and also mention I am considering a complaint to the FOS for the reasons above ?

 

Apologies for my inexperience and whether I'm asking what's already been answered

 

Thanks again

 

Kind Regards

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I know it is a bit old fashioned and people are out of the habit of writing letters, but you are best to send a letter headed ' official complaint for FOS purposes'.

 

In your letter you just need to explain why you believe that the policy contract that has been sold is an unfair contract, because at the point of sale, it was not made explicitly clear the all sections excess includes third party liability claims.

 

In the event of a claim, this means that by contract XS direct are trying to obligate you into owing them a debt up to £3000.

 

You believe that such a term is unfair if it was not made explicity clear at the point of sale.

 

I think you need to send this to your brokers Insure your motor with a copy to XS direct.

We could do with some help from you.

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Hey there

 

I am going to give my claims handler a call now as he is expecting the paperwork from the above form.

 

I am going to explain how I am unable to send them today as I am still scrambling around to get the paperwork together for what hes asked for.

 

Before that I will ring Insure Your Motor and explain the above about how I feel the quote was not explicitly clear enough regarding 3rd party excess and in the process has potentially put me into a debt issue up to the sum of £3000, I will also mention how I am considering an official complaint to the FOS as well if we can't resolve this.

 

I'll let you all know what happens, Thanks again

 

Kind Regards

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I rang Insure Your Motor,

Explained the situation and my dispute as mentioned above

and from what you have all told me to say

and also added that I am considering a complaint to the FOS

but I wanted to try and resolve it with themselves first.

 

They immediately said they can send me a transcript of the call from sales point if I wanted

(even though prior I had been told I had to send a blank CD in and wait to receive it back with the file on)

and that they will now begin investigating it and will get back to me within a couple weeks maximum

(although they are allowed 8 weeks according the FOS regulations apparently).

 

They emailed my claims handler as well and so the whole excess part of the claim will be placed on a hold until they investigate it.

 

 

I'm waiting for him to get back from lunch

so I can give him a call myself

and explain to him myself what I've done etc,

Just so he can hear it from me personally.

 

Any thoughts from anyone?

 

Thanks

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Just see how it goes. If you arranged cover by phone and it was not explicitly mentioned that there was up to £3000 third party excess, then Insure your motor might have to see what the FOS says, if XS direct won't waive it.

 

CAG does not recommend dealing with complaints by phone, unless you are recording the conversation.

We could do with some help from you.

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Yes. You always have to think from your perspective, how you would possibly send phone call conversations to the FOS or use them in court proceedings.

 

What happens when they sue you for £3k and you have to produce information to a court. You mention a conversation on a certain date, no call recordings are available.

 

Always better to have your own records, whatever company you are dealing with

We could do with some help from you.

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How would I be able to send a letter and retain proof that I sent it, Via the post office ?

 

Apologies but I am extremely inexperienced in handling anything via post anymore

 

Obviously I would create a photocopy of the letter

 

Regards

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Yep post office counters will give you a proof of posting slip.

 

The other alternative is an email to them. As long as you have something in writing.

We could do with some help from you.

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you hand it over at the PO desk and get free proof of posting.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Alright I'll get that sorted then via email.

 

Just spoke with my claims handler as well to let him know even though Insure Your Motor informed him already I wanted to tell him personally, Not only did he sound like he did not care at all but also as if he was annoyed.

 

Anyways thanks all, I'll keep you updated

 

Kind Regards

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  • 2 weeks later...

Hi all

 

they wrote back to me and I will attach the letter within this post

but I am in state of shock and I am really panicking right now as I have no idea what my next step should be.

 

 

They outlined within the letter that they had explained the excess to me etc via the phone call at sales point and also sent me all documents I received and posted here and highlighted it wherever it said "all sections excess".

 

 

I am panicking as they sent the recording from sales point and the representative clearly says

"this applies to claims from third party individuals as well"

but because It was so much information to take in etc on the spot that he was explaining regarding excess my reply was simply

"Yea, I guess so" when he asked if I agreed as I didn't fully grasp what he meant and needed to insure my vehicle.

 

Letter I received rejecting dispute from Insure Your Motor: http://imgur.com/a/VCzPc

 

I'd like to hear what you guys think I should do at this point,

Do I still have a chance to complain to the FOS that these third party clauses are not explicitly and slowly explained partically to new drivers (which their target audience is mostly). I just cannot afford 3k worth of bills.

 

Any advice on my next steps would be greatly appreciated just as everything up to this point has been

 

Hope you are all well

 

Kind Regards

 

J

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Ask for a copy of the call on a CD. Send them a CD for them to burn the call onto.

 

I think your complaint is difficult, because clearly you were not thinking you might owe XS Direct a debt of up to £3k if you had an accident and how you would pay it.

 

If you think about it, you would still win by going to the FOS, because it would buy you time, even if the FOS rejected your complaint.

 

Your complaint is that it is not explained that by taking out Insurance with an all sections excess, you are agreeing to taking on a debt of up to £3k simply by having an accident. There is no explanation of how such a debt would ever be managed by Insure your motor or XS Direct.

 

Most Policyholders in this situation of having an accident are not going to have savings of £3k, so in most cases there will be a debt.

You were never asked to sign any consumer credit agreement or other finance agreement related to a future possible debt.

 

The contract offered therefore seems to be missing an important element, which is a full explanation of treatment of debt in the event of an accident, where the policyholder is expected to pay up to £3k, which is not an insignificant sum.

 

That is how i would approach it. You can develop your complaint further later in the process, looking at ICOBS and Consumer Rights Act.

 

Given that you don't have £3k to hand at the moment, then why not take the complaint as far as you can with the FOS.

 

I don't think the Insure your motor letter is a final response (?), so send them a letter saying what i said above and that you would like the FOS to look at this further considering ICOBS and Consumer Right Act.

We could do with some help from you.

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Yes they sent me the CD and I listened to it. Ok yea that makes sense. He does state in the letter that it is his final response on the matter as he views his decision as a just one. So shall I once again email them as I did before stating I will be filing a complaint to the FOS, Looking at ICOBS and the Consumer Rights Act?

 

How do I go about complaining through the FOS, Give them a call and explain my situation and what you stated above and take it from there with what they say?

 

Thank you once again.

 

Kind Regards

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If the response is final, yes just start the FOS complaint process and let Insure your motor know that you are doing so.

 

With FOS, you can just complete the form on their site and post or email it to them. If you phone them, someone is trying to type what you are saying, so better to just complete the form, so you can make sure it is clear.

 

When you complain to the FOS, ask that they review the complaint looking at ICOBS and Consumer Rights Act in regard to selling you an Insurance that includes a future possible debt obligation without providing any information about how such a debt obligation might be administered. The contract is therefore unfair, as no alternative was offered without having this future debt obligation.

We could do with some help from you.

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Could take months. Don't fall for the FOS fob off.

You might have a complaint handler try to refuse your complaint, purely on the basis you were told about the excess.

 

Ask that the complaint is escalated to an Ombudsman to address the debt obligation without explanation in regard to consumer credit and unfair terms.

Without advance information how would the Policyholder be in a position to decide whether to accept the contract, when an alternative was not offered.

We could do with some help from you.

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