Insurance company mistake
Discussion
Strangely it seems my old insurance company made a mistake in my favour. Good news, you'd think. The bad news is that they've just found out and want their money back. 
It all started in May (I think) last year when my good lady pranged my old Scoob. It was written off, and the ins. co. made me an offer.
I decided to keep the remains, as there were a few mods on the car I wanted to keep(all declared, but not covered like-for-like on the policy, so why should they get to keep them?) and there were a few useful spares I wanted for the new car...
We reached an agreement on the price and everything, and I was told that the deductions would all be made at source and I'd get a cheque for the difference "in full and final settlement". I did, and I paid it straight into the bank, glad to have the matter resolved at last. This was in August last year (yes, it took over 3 months!)
Now, more than 7 months on, the insurance co phoned me saying they paid me too much money and they want it back. No nice letter explaining they made a mistake and could we try to correct it, just a telephone demand for money immediately! (Nice customer service, eh?)
Understandably, I'm not all that happy about it. But I suppose I should have scrutinised the amounts a bit more closely at the time. I was just glad to get anything out of them by this point.
Has anyone been through this? I'd dearly like to tell them to
off for being so terribly inefficient and not dealing with this properly at the time, but I suspect this wouldn't go down too well, unless someone can suggest some legal thing that says they should have contacted me to resolve their problem long before this?
Thanks.
It all started in May (I think) last year when my good lady pranged my old Scoob. It was written off, and the ins. co. made me an offer.
I decided to keep the remains, as there were a few mods on the car I wanted to keep(all declared, but not covered like-for-like on the policy, so why should they get to keep them?) and there were a few useful spares I wanted for the new car...
We reached an agreement on the price and everything, and I was told that the deductions would all be made at source and I'd get a cheque for the difference "in full and final settlement". I did, and I paid it straight into the bank, glad to have the matter resolved at last. This was in August last year (yes, it took over 3 months!)
Now, more than 7 months on, the insurance co phoned me saying they paid me too much money and they want it back. No nice letter explaining they made a mistake and could we try to correct it, just a telephone demand for money immediately! (Nice customer service, eh?)
Understandably, I'm not all that happy about it. But I suppose I should have scrutinised the amounts a bit more closely at the time. I was just glad to get anything out of them by this point.
Has anyone been through this? I'd dearly like to tell them to
off for being so terribly inefficient and not dealing with this properly at the time, but I suspect this wouldn't go down too well, unless someone can suggest some legal thing that says they should have contacted me to resolve their problem long before this? Thanks.
BliarOut said:
Was there a covering letter with the cheque stating the amount you received "in full and final settlement"?
Exactly!
I would write back to them and say that you made a mistake and that the claim actually should have been for more - ask them for another £1,000 now that you've had a chance to think about it. See what their reply is - although it's almost guaranteed to be
off. And there you have your answer.
i'm assuming they didn't make the deduction for the salvage ? if so i think at the very least delaying tactics in repaying may be appropriate ,make them wait and if you have to offer an amount per week as this does show a willingness to cooperate should they ever get heavy and take you to court .
The wording on the letter of settlement is as follows:
There is NO other print on the letter what-so-ever. (I presume they think that insurance companies don't make mistakes? Or if they have anything else on there it gives me wriggle room?)
More annoying than anything was the attitude - they implied (without saying it) that it was my fault and that I should be appologising to them and getting them the money by return of post. If it takes them 7.5 months to chase these things up, what do they expect? (I don't consider this to be within a reasonable time - I explained this to NEC over a warranty replacement monitor once... And sent them a bill for storage of the said item.)
In principle, if they appologise to me and explain their error to me with a NICE letter, I might be more receptive.
insurance company said:
Mr dnb
address
date: xx/xx/05
claim ref no: xxxxx
Cheque: £xxx
We have pleasure in enclosing our cheque in full and final settlement of all claims.
Payable to Mr dnb our insured Mr dnb
There is NO other print on the letter what-so-ever. (I presume they think that insurance companies don't make mistakes? Or if they have anything else on there it gives me wriggle room?)
More annoying than anything was the attitude - they implied (without saying it) that it was my fault and that I should be appologising to them and getting them the money by return of post. If it takes them 7.5 months to chase these things up, what do they expect? (I don't consider this to be within a reasonable time - I explained this to NEC over a warranty replacement monitor once... And sent them a bill for storage of the said item.)
In principle, if they appologise to me and explain their error to me with a NICE letter, I might be more receptive.
As POD says...
I would be inclined to write something along the following lines...
Dear robbing gits,
Further to our telephone conversation of XXX. I have now had the opportunity to check my records and the final settlement we agreed was for the amount of £X. I enclose a copy of your offer for your records. I can see no ambiguity in the wording of your letter, specifically "We have pleasure in enclosing our cheque in full and final settlement of all claims." Please write to me within ten working days to confirm this is the end of the matter.
Yours,
X
As long as there is no other correspondence I can't see what they hope to achieve. If there is any other correspondence I believe this will still take precedence as it's their last communication and as such overrides any prior offers.
I would be inclined to write something along the following lines...
Dear robbing gits,
Further to our telephone conversation of XXX. I have now had the opportunity to check my records and the final settlement we agreed was for the amount of £X. I enclose a copy of your offer for your records. I can see no ambiguity in the wording of your letter, specifically "We have pleasure in enclosing our cheque in full and final settlement of all claims." Please write to me within ten working days to confirm this is the end of the matter.
Yours,
X
As long as there is no other correspondence I can't see what they hope to achieve. If there is any other correspondence I believe this will still take precedence as it's their last communication and as such overrides any prior offers.
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