Sons Car insurance company chasing payment after he died

Sons Car insurance company chasing payment after he died

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Rugbyfester

Original Poster:

180 posts

135 months

Friday 27th March 2015
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Some advice please...

My 23year old Son Passed away about 6 weeks ago, he left no will or money, but as his next of kin I am obviously left trying to settle his estate.

My Son was in his overdraft at the bank, but the bank have closed his account and absorbed the £300 he was in debt by. Same with his Mobile phone, they just closed the account.

Living at Home his only asset was his car, the car (Land Rover Defender) was off the road due to clutch/gear box problems. I have subsequently authorised a repairer to fix the problems which look like maybe around £1500 or more for clutch gearbox, dual mass flywheel and crank shaft oil seal and labour.

Taking into account his funeral expenses, his car repairs and the value of the car, I will be very lucky to get a bacon butty out of anything left when I sell the car, and most likely actually substantially out of pocket.

When sorting out and informing his mobile, his bank etc, everyone was very helpful & understanding and just simply closed the account, not it would seem Adrian Flux who he was insured with, at first they wanted me to settle his insurance (he was paying monthly) to the tune of £250(ish), when I said that he left no money within his estate they went off and reduced it to £70.

Now whether I can afford or not to pay off this amount I feel is immaterial, there is no money in his estate and therefore no money to pay off any outstanding debts, yet having explained this to Adrian Flux they see intent on sending me (addressed as the Executor)letters threatening debt collectors and court action.

To my understanding, they can not take me to court, and as his next of Kin I am not responsible for his debts unless there is sufficient within his estate (which there isn't), am I right? this has become a bit of a challenge and I feel like I am fighting for something for my son, but am I wrong? should I just pay it off, and never ask Adrian Flux ever again for a quote on my other cars??

sidekickdmr

5,074 posts

206 months

Friday 27th March 2015
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Firstly, im very sorry to hear about your Son, you have my condolences.

Secondly, if he was paying insurance monthly, i was of the understanding you could cancel it anytime into the year and "walk away". I’ve always paid my insurance monthly and its worked like this when i have cancelled. I know it’s a one off yearly premium with finance applied to it. But let’s say his premium was £1,000, and you cancel it 3/4 of the way through the year. You should be entitled to £250 refund which would clear the outstanding non?

Secondly, although the car was still insured against fire and theft, is it worth mentioning it hasnt been on the road for XX months/weeks?

WinstonWolf

72,857 posts

239 months

Friday 27th March 2015
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Contact this guy, I'm sure they'll be able to deal with it sympathetically for you.

http://www.pistonheads.com/gassing/profile.asp?h=0...

selwonk

2,123 posts

225 months

Friday 27th March 2015
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Sorry for your loss.

In a nutshell, if there is nothing left in the estate to settle the debt, then you are not liable.

anonymous-user

54 months

Friday 27th March 2015
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Firstly I'd like to say that I too am very sorry for your loss.

I went through something similar with my father recently and the advice I got was to be very, very careful when dealing with an insolvent estate - i.e. one where the debts exceed the assets.

If this is the situation in which you find yourself you may not be aware that a) You do not have to act as executor for your son's estate and b) if you choose to act as executor and make a procedural error in dealing with the estate you can find yourself personally liable for any debts.

The advice I received and followed was that I should not under any circumstances act as executor for an insolvent estate unless I was willing to pay for professional legal advice. There is nothing stopping you renouncing your role as executor and simply informing the creditors of his passing. It will then be down to them to go from there.

Again, my best wishes at this very sad time. Losing an aging father was bad enough, I can't imagine the pain of losing a son.

General Fluff

478 posts

137 months

Friday 27th March 2015
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Send Adrian Flux a link to this thread. I certainly won't be using them after reading this.

Durzel

12,254 posts

168 months

Friday 27th March 2015
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Horrible, horrible situation. I'm sorry for your loss, no parent should have to bury their child.

Got nothing to add I'm afraid that would help, aside from +1'ing the fact that this thread will be in my mind the next time Adrian Flux is on my radar. Regardless of contractual obligations, whatever they were or might've been, they will suffer no loss from immediate cancellation of his policy, so seem to be chasing this money arbitrarily. Disgusting.

Rugbyfester

Original Poster:

180 posts

135 months

Friday 27th March 2015
quotequote all
sidekickdmr said:
Firstly, im very sorry to hear about your Son, you have my condolences.

Secondly, if he was paying insurance monthly, i was of the understanding you could cancel it anytime into the year and "walk away". I’ve always paid my insurance monthly and its worked like this when i have cancelled. I know it’s a one off yearly premium with finance applied to it. But let’s say his premium was £1,000, and you cancel it 3/4 of the way through the year. You should be entitled to £250 refund which would clear the outstanding non?

Secondly, although the car was still insured against fire and theft, is it worth mentioning it hasnt been on the road for XX months/weeks?
On the basis that I understood his insurance would be automatically stopped upon his death, I insured the car in my name, being 48 its considerably cheaper than continuing with what he was paying, interestingly I did get a quote form Adrian Flux at the time who were too expensive.

The car at the time of his death was just drivable, but with badly slipping clutch and crunchy gears you wouldn't have wanted to go very far. Very nice Landy apart from that I have to say.

On your first second point, this was my thoughts when I innocently rang them to inform them, but apparently not. I guess I should say his payments were paid right up to date and actually was paid on the day he died in February so only March payment would have been outstanding. For obvious reasons is was about 3 weeks before I could bring myself to contact them, but this was the same for everything else I had to cancel.

S10GTA

12,669 posts

167 months

Friday 27th March 2015
quotequote all
Sounds like computer says no scenario. Awful behaviour by Adrian Flux.

So sorry to hear of your loss. It's my biggest fear. Thoughts are with you.

Rude-boy

22,227 posts

233 months

Friday 27th March 2015
quotequote all
Firstly I am very, very truly sorry for your loss.

General Fluff said:
Send Adrian Flux a link to this thread. I certainly won't be using them after reading this.
I think that there is a "JordanatFlux" or similar user here who it would be worth getting in touch with.

Put it this way - I and my lady have 6 cars insured through Flux. I am watching this thread with interest.

themanwithnoname

1,634 posts

213 months

Friday 27th March 2015
quotequote all
Rude-boy said:
I think that there is a "JordanatFlux" or similar user here who it would be worth getting in touch with.

Put it this way - I and my lady have 6 cars insured through Flux. I am watching this thread with interest.
http://www.pistonheads.com/gassing/profile.asp?h=0&memberId=204209&t=1278125&f=23&mid=0 This guy...

Durzel

12,254 posts

168 months

Friday 27th March 2015
quotequote all
This thread is making me angry.

I had a similar experience with my late father's pension company who made a payment to him the day of his death and then wrote back quickly to say they wanted it back. They were in the right, of course, but it felt horrible, particularly as it was because their request for payment was received very soon after he died, had "DECEASED" in bold font, etc.

This is somewhat different to your scenario though, as your son (nor you) would receive any benefit from remaining insured, and AF suffer no loss from cancelling the policy immediately. Their request for payment is entirely punitive.

Regardless of how (or if) AF resolve this they've left a horrible impression with me that will stick in my mind.

Rugbyfester

Original Poster:

180 posts

135 months

Friday 27th March 2015
quotequote all
charltjr said:
Firstly I'd like to say that I too am very sorry for your loss.

I went through something similar with my father recently and the advice I got was to be very, very careful when dealing with an insolvent estate - i.e. one where the debts exceed the assets.

If this is the situation in which you find yourself you may not be aware that a) You do not have to act as executor for your son's estate and b) if you choose to act as executor and make a procedural error in dealing with the estate you can find yourself personally liable for any debts.

The advice I received and followed was that I should not under any circumstances act as executor for an insolvent estate unless I was willing to pay for professional legal advice. There is nothing stopping you renouncing your role as executor and simply informing the creditors of his passing. It will then be down to them to go from there.

Again, my best wishes at this very sad time. Losing an aging father was bad enough, I can't imagine the pain of losing a son.
Thanks - This interesting, I am not officially his executor, there is no estate after funeral expenses are paid and his car is sold, I did not need to go to probate etc. So infact all I have done is to notify them as his next of Kin.


spats

838 posts

155 months

Friday 27th March 2015
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Sorry for your loss OP. Sadly it seems standard practise to turn the screw once they realise you aren't a customer anymore.

£70 sounds like their standard early cancelation fee. I also found out how quickly they send out the "thug" letter even though they were supposed to be looking into the situation.

I've always said I would never use or recommend them again for that and it seems I've even more reason now.

Disgraceful behaviour!

Dixy

2,918 posts

205 months

Friday 27th March 2015
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So sorry to hear your story. Photocopy their letter put it in an envelope marked private and confidential Mr Adrian Aardhill, Chief Executive and send it to them with a letter saying one word "Really".
and then ignore everything else.
If you can bear to update us please do so.

surveyor

17,807 posts

184 months

Friday 27th March 2015
quotequote all
Sorry to hear of your loss.

I've seen some pretty questionable threads about Adrian Flux, and this ranks right up there. Awful way to treat someone.

shandyboy

472 posts

154 months

Friday 27th March 2015
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Sorry for your loss.

I hope Adrian Flux resolve this quickly and to your satisfaction. My insurance is due for renewal shortly and I will not consider using them after seeing your predicament and how they've treated you.

wolves_wanderer

12,373 posts

237 months

Friday 27th March 2015
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Just a +1 to those expressing sympathy and looking on with interest at Flux's actions

Rugbyfester

Original Poster:

180 posts

135 months

Friday 27th March 2015
quotequote all
WinstonWolf said:
Contact this guy, I'm sure they'll be able to deal with it sympathetically for you.

http://www.pistonheads.com/gassing/profile.asp?h=0...
I have messaged him lets see what he says.

Cheers Paul

Mr Classic

224 posts

119 months

Friday 27th March 2015
quotequote all
Sorry for your loss - a mod may edit out the name of the company due to name and shame regulations.
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