Got pulled for no insurance - Help!!

[LikesBikes]

If I do find something they've done wrong though, can I use that to clear my name or just recover my costs?

[sidekickdmr]

hey mate, i work in hign level insurance complaints for all the big brands

deal with this kind of stuff every single day.

Sorry to say it but if the system says that the canx letters were sent then its prob game over.

unless they made any errors elsewhere they would have sent you 2 "still no ncd proof" letters and 2 canx letters. why didnt you get these, your address correct?

[saaby93]

When is your case due?
You need legal advice
It might be possible to request the case is postponed pending a complaint through the ombudsman.

If possible it needs to happen quickly so you need to ask the insurer to offer/agree that you were covered even if it's only minimum cover as you hadnt received notice of cancellation without prejudicing your argment that you were fully covered

[saaby93]

sidekickdmr said:

Sorry to say it but if the system says that the canx letters were sent then its prob game over.

Wheres ms demeanor
Didnt she have a similar case with DVLA
They may not be able to confirm that the letters were actually sent? if they were. All they have is that the computer says they were sent - but that means nothing. It was something like they need someone to be able to swear that they posted said letters, which with the hundreds going out each day will be unlikely.

[LikesBikes]

Was only pulled tonight, so have 28 days to decide whether to just take the points and fine or go to court.

My worry is that if I go to court I'll just make things worse for myself, the points could (I guess) be upgraded to a ban in which case I'm out of work.

I have 7 years continuous cover in cars and about 11 years for bikes. I'm hoping that this, along with being employed continuously since I left school, might help to show that I'm not the type to flout the insurance laws.

[LikesBikes]

sidekickdmr said:

hey mate, i work in hign level insurance complaints for all the big brands

deal with this kind of stuff every single day.

Sorry to say it but if the system says that the canx letters were sent then its prob game over.

unless they made any errors elsewhere they would have sent you 2 "still no ncd proof" letters and 2 canx letters. why didnt you get these, your address correct?

They say they sent the two cancellation letters (one threatening, one confirming), never received these. they made no mention of "no ncd" letters in their records however I think the declaration came with one, which I completed, signed and returned.

[LikesBikes]

And yes, the address is correct. They posted the certificate and documents to me at the start, which found its way through my door.

[crackedfinger]

LikesBikes said:

Was only pulled tonight, so have 28 days to decide whether to just take the points and fine or go to court.

My worry is that if I go to court I'll just make things worse for myself, the points could (I guess) be upgraded to a ban in which case I'm out of work.

I have 7 years continuous cover in cars and about 11 years for bikes. I'm hoping that this, along with being employed continuously since I left school, might help to show that I'm not the type to flout the insurance laws.

Get some proper advise, hopefully your fears of upgrading to a ban isn't the case. Best not ride too much on hearsay on forums. Hope it works out.

[LikesBikes]

Yeah will be getting insurance tomorrow to get the car back, then looking for advice. Don't know if this is too specialist for the C.A.B.? Not sure where to get advice specifically for this sort of thing, can't afford to pay for a solicitor right now.

Will bump this up again in the morning, never know your luck.

Cheers all, really do appreciate it

[randlemarcus]

LikesBikes said:

Yeah will be getting insurance tomorrow to get the car back, then looking for advice. Don't know if this is too specialist for the C.A.B.? Not sure where to get advice specifically for this sort of thing, can't afford to pay for a solicitor right now.

Will bump this up again in the morning, never know your luck.

Cheers all, really do appreciate it

I'd suggest its significantly too specialist for the CAB. If you can't afford a solicitor, you have two options, one of which is to roll over and take the FPN, and the other is to represent yourself (bearing in mind the adage about fool for a client)

While it looks pretty cut and dried, I seem to recall someone on here presenting a similar defence, and, while being found guilty in court, having a no points and zero fine imposed.

[LikesBikes]

Thats what I'm thinking about, plead guilty, explain what happened and hope for leniency.

put the question to these people, they should get back to me within 24 hours apparently so will see what they say.

Many thanks,

Darren

[LikesBikes]

Oh, not familiar with the "fool for a client" adage by the way

[Mojocvh]

saaby93 said:

Same happened here
http://www.pistonheads.com/gassing/topic.asp?h=0&a...

It looks as though the police are tightening up on the uninsured by using ANPR and the ASKmid database so as to discover uninsured drivers.
No-ones realised lackof insurance might be due to insurance companies

"Nice little earner Sarge"

Bit of a bugger for us "little" people tho'

[marlinmunro]

Seems like your penalty is for not checking your bank account, a bit harsh maybe. However its a kick up the ar*e for us all not to assume our insurance is running just because the certificate is in the glove box

[ZOLLAR]

I'm surprised they cancelled a policy for not receiving NCB!, if we don't receive it we send the 2 standard letters if no response we reduce the ncb to zero and charge the extra premium, that way policyholder is still insured and usually having money debited from their account reminds them to send the ncb in to us once received we refund the debited amount.
but as usual it varies per insurer! did they cancel it due to not receiving the NCB or for not receiving the declaration?.

[pincher]

The usual IANAL applies here but is there no burden of proof on the Insurers behalf regarding the sending of the cancellation letters?

Surely if they stick to the mantra that they sent them and it's not their problem that you didn't receive them, then you could equally state that according to your records, you signed the NCD declaration and sent it back to the correct address (did they provide an SAE???) so as far as you are concerned everything was in order?

I know that they will just say that they didn't receive it but they can't have it both ways - this sort of thing really infuriates me as they are holding all the cards and it's very difficult to get a response other than 'Computer says no'.

[stewy68]

I always send things like this recorded delivery as our postal service is rubbish here.
Arranged cover on my Volvo last September and received the documentation late January. Envelope looked and smelled like it had been lying around for a while.
It's not always the insurance companies' fault.
Pat needs a disciplinary

Edited by stewy68 on Thursday 15th April 09:20

[saaby93]

LikesBikes said:

And yes, the address is correct. They posted the certificate and documents to me at the start, which found its way through my door.

In that case then I'd get back onto the insurers and ask them what proof they have of sending out the cancellation docs, and that doesn't mean 'the computer says so' you want to know who in the post room sent them out and whether they can remember sending them.
Tell them that if they have no proof, you havent received them so as far as youre concerned you're still under cover
You're happy for them to take the payment again if theyve accidentally returned it to your bank acount

[sidekickdmr]

ZOLLAR said:

I'm surprised they cancelled a policy for not receiving NCB!, if we don't receive it we send the 2 standard letters if no response we reduce the ncb to zero and charge the extra premium, that way policyholder is still insured and usually having money debited from their account reminds them to send the ncb in to us once received we refund the debited amount.
but as usual it varies per insurer! did they cancel it due to not receiving the NCB or for not receiving the declaration?.

The company I work for also does this IF they pay monthly.

However if they paid one lump sum at outset we cannot just take money from their card. That is why we sent out 2/3 letters chasing ncd and then 2 canx letters. The most common reason we come across for this is incorrect address. (No house number/wrong postcode etc)

Either that or the policy holder is doing an ostrich impression and burying their head and ignoring the letters hoping it will go away.

Did you send your pncd yourself or did this come from your prev insurer?

[sinizter]

I hope the OP gets some reduction in the penalty ...

This is why I always send stuff to insurance companies (and pretty much anything important) recorded delivery or special delivery even when they don't require you to. Just peace of mind for me.