1ST Central Car Insurance Default Notice and Threat County Courts help

[dx100uk]

never liked resolver. 

you dont have to send letters by recorded

1st class postage stamp is ok and get free proof of posting from any po counter. in law you only have to prove a letter was sent.

dx

[babs71]

I am going to go traditional method, direct to 1st Central,

am I right that what I should now be doing is put a formal complaint in writing to them at Customer Relations, First Central Insurance Management Limited, Capital House, 1-5 Perrymount Road, Haywards Heath, RH16 3SY?

[babs71]

Hi below is my draft complaint letter any feedback and amendments would be greatly appreciated

DRAFT COMPLAINT LETTER

Customer Relations

First Central Insurance Management Limited

Capital House

1-5 Perrymount Road

Haywards Heath

RH16 3SY

ADDRESS

Policy Number FPM60097 xxx

 

 

 

Formal complaint about 1^st Central Cancellation Calculation

 

To whom it may concern,

I am writing to file a formal complaint regarding 1^st Central handling of my insurance policy cancellation. I have encountered significant issues with your company in terms of the cancellation cost calculations and the Default Notice on my credit file, which have caused me considerable frustration, stress and negative impact on my credit file.

I have made multiple attempts to resolve these issues directly with 1^st Central by contacting their Customer Service Department and Claims Department. However, my efforts have been met with unsatisfactory responses, further exacerbating my dissatisfaction due to the Debt Collection Department not actioning the expected hold on the debt till the conclusion of an investigation into an alleged incident on the policy that was cancelled.

Outline of events: - Bought car insurance policy 22/10/20; paid by monthly instalments, 21/2/21 alleged hit & run logged against policy; Incident was being investigated. I advised it was not true. Sold the car on this policy 19/3/21, asked to cancel the policy and was quoted £478.64 cancellation cost; advised due to incident had to pay the full year to cancel it, disagreed said claim was not true shouldn't have to pay the £478.64 unless found I was involved in the incident under investigation, Janice Cassidy @16:33 agreed to cancel the policy for me without any payment. 23/6/21 received email Debt Collection Default Notice, called Lee Cambell in claims at 15:00 he said he would talk with debt collection and put a note on file to put the debt on hold till the conclusion of the investigation. 16/7/21 received yet another email from debt collection with a final notice of default. The investigation was not concluded this should all still have been on hold till the conclusion which didn’t happen till the 7/10/21. We received a written letter on the 1/12/21 confirming that I was not involved in any incident the claim had been closed at no cost on my policy being paid to any 3rd party and no loss of my no claims bonus. In the meantime, your debt collection department put a Default Notice for £479 against my name on my credit report on the 15/7/21, 3 months before the claim had been fully investigated and before the alleged third-party claim was declined, so no pay out claim was recorded during the policy year.

When the request to cancel the policy was received, there was a question about the liability for the claim on the policy. 1st Central created the debt (£478.64) for the remaining premium plus fees added and 1st Central have never corrected the debt record, once 1st Central ruled out paying anything to a third party they have not corrected the cancellation amount owed due to no claim on the policy.

This whole sage has been most distressing and could all have been avoided if 1^St  Central had don’t their job correctly and simply waited till the outcome of the investigation, instead due to their handling of the cancellation of this policy it has had a negative impact on my credit report, loads of stress and mental health issues have come with this handling, especially when you have handed the debt over to your associated debt collector agents to chase me for what is not due to you.

Therefore, I kindly request your intervention and assistance in addressing this matter. I kindly request that you thoroughly investigate my complaint and take appropriate actions to rectify the situation. My desired outcome is for 1^st Central to cancel the Default Notice, remove the credit file entry, cancel your Debt Collection Agents and invoice the correct amount due for the cancellation of the policy. I would also ask you to consider compensation for the stress, worry and frustration your Debt Collection department has put me through, along with a formal apology in writing

Enclosed with this letter are copies of all relevant phone call dates, time and persons I spoke with and what we spoke about (you can call up your phone recordings to clarify these call recordings), documents related to my credit file, and correspondence with 1^st Central’s associated debt collector agents. These documents provide further evidence of the challenges I have faced and the need for your intervention.

Thank you for your attention to this matter. I look forward to a swift and satisfactory resolution. If I have not had your reply to this complaint in 14 days, I will be left with no choice but to send it all on to FCO so that they can investigate it.   

Yours sincerely,

 NAME

 

 

[babs71]

Morning all,

I see I didn't complete my message yesterday  typical hitting send before my train of thought was down.

Would it be awfully cheeky of me to ask if anyone would be willing to have a read of the draft complaints letter I have complied and give me any feedback before I post it to 1st Central?

I am more than happy to pay for this service, you have all been most helpful with my previous Evri case and this on going saga.

[dx100uk]

we dont charge nor offer that service. we are volunteers and totally free.

dx

 

[babs71]

DX I will donate a thanks then for all your help, you guys are all super stars with the help and advise you give people like myself.

Would it be possible for someone on the team to have a look at my letter previous pasted here?

 

[babs71]

BankFodder many thanks for your help,

here is the redacted attached drat letter to 1st Central ,

I have not had to write a letter of complaint before

hope you can help and let me know if anything needs to be removed, added or rephrased,

thanks again for all the help on this site.

 

1st Central complaint letter redected (1).pdf

[FTMDave]

Regarding your reported post, the thread is still open.

Hopefully someone will be on soon to have a look at the letter.

[babs71]

FTMDave thanks you soo much for confirming my thread is still open, appreciate you take the time to let me know.

 

Hopefully I will hear back soon on any feedback on my letter.

 

Have a super day

[dx100uk]

who is the FCO  

[lolerz]

I've had a quick scan of the letter and just some general feedback:

 

Bullet Point the outline of events, make it easier to read.

There are lots of spelling mistakes and grammatical errors, run it through grammarly or the like just to get it all tidied up.

I also think you're being far too kind to them! Drop the please and thank you's.
 

[babs71]

DX thanks for the message: - is FCO Finance Service Officer? Should I be addressing this letter to the FCO?

lolerz thanks for your input, I will run it thought a grammar and spell check and drop my Ps&Qs, and well as bulletin like you suggest. Is my time limit acceptable? Is the layout okay and what about suggestion for compensation for the past 3 years of trouble with them?

 

[honeybee13]

You need to check about FCO, babs, or you could be writing to the wrong person.

HB

[dx100uk]

you are mixing up the ICO information commissioners office and the FOS the financial ombudsman service.

 

[Grotesque]

@babs71 FCO = Financial Control Officer. In this case, calling himself Finance Director, apparently one KITE, James Christopher Alexander.

(Cross-posting with dx100uk - I thought OP meant to send it up the management chain!)

Edited January 26 by Grotesque
x-post w/ dx

[dx100uk]

the letter says.. 

Quote

I will be left with no choice but to send it all on to FCO so that they can investigate it.

i will guess its one of the two i pointed too. an external govt agency with clout. not just an FCO further up the internal chain of 1st central.

you meant to type either FOS or ICO but mixed things up. they are two sep govt funded investigation debts if you like.

as its about a default being on a credit file that should not be there, the ICO are the ones to demand its removal.

however, rarely do the ICO get involved in compensation. 

as this is regarding Motor Insurance it might be better to use the FOS and they can award compo.

but you've got to exhaust 1st centrals complaint dept then unless you get a result, you cant got to the FOS prior to 8 weeks from 1st raising this issue.

now it looks like this dispute and your first time of trying to get it removed by 1st central was years ago. so sadly that is outside of the 6mts you had to involve the the FOS and 1st central will refuse their use.

so ICO might be your only clout.

dx

 

[babs71]

DX,

we have never tried to get it removed as we didn't even know that the DN existed until earlier this month when my son checked his Credit File.

We had no reason to expect this to be there as the claim on his Insurance policy we cancelled, never came to anything it was a false claim, t

his DN should never have been filed, especially since the claims department investigating the false claim told us that they would advise debt recover to put a hold on this insurance cancelation amount till the investigation on the claim had completed and they also advised that they would put a note to this effect on his insurance file,

clearly this cant have been done, or debt collection ignored the not, as the debt department went ahead and put the DN on my sons file in the July of 2012,

the investigation did not complete till October 2021; 3 months after the debt department logged this DN on my sons file for an amount that was not due to them.

This is the first of us dealing with 1st Central on a Complaints basis, I have only ever had phone conversations with customer services and the claims department; back when the origin claim was logged on my son's insurance policy in February 2021.

This complaint letter will be our first request for an investigation into what they have done.

DX Agee it is my error it should have been FOC in the draft letter 

[BankFodder]

I'm sorry I haven't gotten to this earlier. I've been on of my feet with other things.

I agree with Cagger @lolerz that it should be set out much more clearly and bullet pointed.

However generally I think that there is far too much narrative and it almost makes you look like a supplicant and to that extent I think there is far too much please and thank you et cetera.

I don't have time to comment more at the moment – but I will have a closer look and give some more detailed comments tomorrow.

[babs71]

BankFodder

many thanks I know how busy you are and appreciate you dropping in to give a little feedback, I look forward to any amendment and help you can give tomorrow,

I was concerned with maybe being too informative and long-winded any way of getting to the point and leaving them to go away and investigate would be a much better letter and may help with this greatly appreciative 

Honeybee13 my apologies for the confusion, I was referring to FOS investigating 1st Central if they don't correct their DN and the amount they are expecting us to pay for cancelling the insurance policy

[dx100uk]

then you might be in luck with the FOS. much better route cause they can rule on compensation.

[BankFodder]

I have started working out a letter and basically this means that I have gone through the story and tried to express it more briefly and more clearly – not only for you, and for others who read this thread – but also for the insurers but in particular, for the courts.

And this is what I have arrived at so far

Quote

On 21 February 2021 a claim was made against my insurance policy in respect of an alleged hit-and-run accident where I apparently collided with somebody are made off.

I denied that this had happened and I stated that this was a fraudulent claim

I was told that your claims department would investigate this and eventually on XXX date, it was confirmed that the claim was fraudulent and that no liability accrued to me.

Whilst the investigation was continuing, I sold my car.

As the car was sold I then needed to cancel the policy and I contacted you. You then told me that I was required to pay the full outstanding balance for the entire year – £4 87.64.

We felt this was unfair as it was clear that there was a valid dispute and the matter was still being investigated – and of course it transpires that I was correct. The claim against me was fraudulent as your investigation eventually concluded.

In any event, you cancelled the policy and of course I refused to pay the cancellation fee. Once again, your investigation eventually upheld my position that the claim against me had been made fraudulently.

I understand that as a result of your finding that the claim was fraudulent, that you are prepared to close the case against me with no loss to my no claims bonus and no adverse entry on my personal file.

Despite this, you failed to amend your records as to the status of the cancellation fee which I have refused to pay.

You have now logged a default notice on my credit report and are threatening me with County Court action.

I agree that there may be a charge for an ordinary cancellation and I am waiting to receive an invoice in respect of this and there will be no difficulty paying.

However, your continuing demand for a fee which is calculated on the basis of an at fault accident by me is clearly wrong.

It amounts to unfair treatment which is contrary to the Insurance (Conduct of Business) Regulations Contained in the FCA Handbook.

Furthermore, It Amounts to Inaccurate Data Processing and Is Contrary to the Data Protection Act 2018.

Since 2021 I have received regular threats from you of debt collection procedures and even court action to recover the money.

You have placed a default entry on my credit file.  This default entry is unfair and amounts to unlawful data processing. It is causing me enormous distress. It also preventing me from obtaining credit and in particular I’m trying to get a mortgage in order to buy property and this is being prevented as well by your unlawful action.

I would point out that in the series of unlawful threats you made against me, you told me on 16 July 2021 that you would default me on 20 August 2021 if I did not settle your fee of £478.64 by that date.

In fact you went ahead and placed a default on my credit file on 15 July 2021 – a full day before you even sent me the notice giving me a month to pay the money in order to avoid a default.

 

Please will you have a look and see if there is anything incorrect or which needs changing.

Also can you give me a few notes on the follow-up of the story – in particular how this has affected your son and his family. This family could mean you or anybody in his family circle.

I think it's important that we understand the full impact of this. On the basis of what you have said, not only is this insurance company in breach of the ICOBS FCA regulations, but they also breach of the data protection act.

We like to know the full extent of the impact terms intensive distress to your son, yourself, your family. And also any actual expenses to which she has been put. I understand that he is trying to get a mortgage. As you actually found a property? Is in danger of losing the property? Where are we on this?

[babs71]

Please will you have a look and see if there is anything incorrect or which needs changing.

Looks Good, wow thanks for the shortening and to-the-point details in it, this rewrite is amazing

Also can you give me a few notes on the follow-up of the story – in particular how this has affected your son and his family. This family could mean you or anybody in his family circle.

We immediately authorized for me to deal with everything on behalf of my son when this happened. I have taken all the burden of trying to get this sorted for my son, he is young (24), a student, and supporting himself through his studies as a mature student, he really can do without this problem. I have bumped my head making calls to 1^st Central each time this issue has reared its ugly head, and though the person on the phone has assured me each time it is in hand and being dealt with, the debt department keeps hounding with the threats, I have believed the customer services and claims department when they have told me all was on hold till the claim concluded, but yet we kept getting debt collection agent contacting to chase for the money, when I have called them they have handed the claim back to 1^st central and then a different DCA has made contact, this last one, AJJB, has been the most instance and just keep offering a discount of 25% to settle which I have refused, it has given me panic attached and sleepless nights worrying about the impact all of this will have on my son's life if it is not sorted, already it has affected his likely hood of getting a good mortgage. I have kept everything from my son up until now, as there was no direct impact on him till, he tried to find out about a mortgage, he is in a flat spin about how he will be able to get onto the housing market with this DN against his credit file and this in turn has sent me into panic attaches and more sleepless night

 

I think it's important that we understand the full impact of this. On the basis of what you have said, not only is this insurance company in breach of the ICOBS FCA regulations, but they also breach of the data protection act.

We like to know the full extent of the impact terms intensive distress to your son, yourself, your family. And also any actual expenses to which she has been put. I understand that he is trying to get a mortgage. As you actually found a property? Is in danger of losing the property? Where are we on this?

Looking to get his first property in Edinburgh, looked into what kind of mortgage he would be able to get so he knew what deposit he needed to put down

His credit score was low 633 compared to his twin's 869

He can still get a mortgage with the low score but it will be with a higher interest rate, for a lower amount he can borrow and will need to find a deposit of at least 20-25% instead of the 5-10% with a better credit score.

We didn’t even know he had this DN on his file from 1^st Central logged since July 2021, this has a direct impact on his score and we wouldn’t have even known it was there if it wasn't that he was considering buying in Edinburgh later this year and needed to check his credit scorer. He was looking into what he could borrow now so that he could save the deposit to buy later but with this DN it is not going to be possible; he will have to find a much higher deposit and have to pay a lot more interest on a smaller mortgage than what houses cost in Edinburgh

With the DN he will be landed with a small mortgage, at high interest, and a much larger deposit being needed, just not feasible

[BankFodder]

You say that you have kept this from your son but it will be your son you will need to bring a legal action.

He needs to be involved, fully informed, and fully invested in it.

An action for distress needs to begin with his distress and then cascade from him down to the family.

You won't be able to claim vicariously for him and you won't be able to rely on your own distress without beginning with him as the starting point.

Have you sent them a subject Access request

[babs71]

Hi BankFodderhe is fully informed and up-to-date with everything, fully invested in seeing the conclusion to this case. It is just that I have been the person dealing with it all, he got himself into quite a state when he was first accused of a hit and run when he wasn't involved in anything of the sort, seeing him fall apart at the accusation of being involved was not easy to witness as a parent; and then the claimant went one step further and tried to claim for injuries, he couldn't express himself without getting worked up so I took over and dealt with everything for him, I just let him know each time we had had another contact and what it was about and not to worry I was dealing with it. 

[babs71]

My apologies I have not sent the subject access request, I will get this completed right away and get it sent off on Monday