Court Summons for No Continous Insurance
Discussion
Any one out there suffered the same treatment, due to an Insurance Company Administration error....
Here is the background,
15th December 2013, I was involved in a rear end collision that wasn't my fault. Exchanged all details and my vehicle was assessed by a third party agent. In short the Towbar had taken the impact and subsequently fractured the chassis.
An amount was agreed for my Mercedes E270 estate on the basis that I send them all Service History, full V5 document and any additional keys. This was sent to the them recorded post. A week later I was paid in full and claim settled.
Then in February after applying for a Tax Disc refund I found myself having to explain to the DVLA why I required one..... So I wrote to them with the details of the accident and where the vehicle had been recovered to. A breakers yard as a total loss was deemed due to un economical repair.
A refund however was never issued due to the time taken to process this and there only being less than a month of tax left after the correspondence presumably.
At this point I'd forgotten the accident had ever occurred until.... I received a £50 fine through the post from DVLA stating my vehicle had been checked against the MID and on a date in June 2015 I was the registered keeper and had no insurance. I Informed the Insurance company who agreed this was their error and was asked to pay the fine and be reimbursed straight away. This was done and I was forwarded a copy of a letter written to the DVLA explaining the accident and total loss to the effect that I hadn't been the keeper since the date of the accident.
I was satisfied with this so far as to say that on the 2nd October 2014 I received a Court Summons to appear at a local court to answer to a charge of " No Insurance ". Apparently my vehicle was checked on the 2nd September 2014 and again being the registered keeper and having no insurance.
Again another call to the insurance company who again have provided me with a copy of the letter they sent informing them of the total loss etc. The insurance company are now looking to use their own Solicitors to look in to the case on my behalf at no cost to me to assist me in court. I have ben advised to plead not guilty via post which automatically means a local court will be booked for a trial date for clearly something that as far as I can see means if convicted, a blemish on my unblemished Insurance record and Conviction that will be entered on to the Police National Computer. Not a criminal Conviction but non the less a record....
Any advice ???
Here is the background,
15th December 2013, I was involved in a rear end collision that wasn't my fault. Exchanged all details and my vehicle was assessed by a third party agent. In short the Towbar had taken the impact and subsequently fractured the chassis.
An amount was agreed for my Mercedes E270 estate on the basis that I send them all Service History, full V5 document and any additional keys. This was sent to the them recorded post. A week later I was paid in full and claim settled.
Then in February after applying for a Tax Disc refund I found myself having to explain to the DVLA why I required one..... So I wrote to them with the details of the accident and where the vehicle had been recovered to. A breakers yard as a total loss was deemed due to un economical repair.
A refund however was never issued due to the time taken to process this and there only being less than a month of tax left after the correspondence presumably.
At this point I'd forgotten the accident had ever occurred until.... I received a £50 fine through the post from DVLA stating my vehicle had been checked against the MID and on a date in June 2015 I was the registered keeper and had no insurance. I Informed the Insurance company who agreed this was their error and was asked to pay the fine and be reimbursed straight away. This was done and I was forwarded a copy of a letter written to the DVLA explaining the accident and total loss to the effect that I hadn't been the keeper since the date of the accident.
I was satisfied with this so far as to say that on the 2nd October 2014 I received a Court Summons to appear at a local court to answer to a charge of " No Insurance ". Apparently my vehicle was checked on the 2nd September 2014 and again being the registered keeper and having no insurance.
Again another call to the insurance company who again have provided me with a copy of the letter they sent informing them of the total loss etc. The insurance company are now looking to use their own Solicitors to look in to the case on my behalf at no cost to me to assist me in court. I have ben advised to plead not guilty via post which automatically means a local court will be booked for a trial date for clearly something that as far as I can see means if convicted, a blemish on my unblemished Insurance record and Conviction that will be entered on to the Police National Computer. Not a criminal Conviction but non the less a record....
Any advice ???
The insurance company have contacted me today to say that they are considering compensating me for the inconvenience and stress. Not really sure what in monetary terms this means but is further evidence to support my claim to the DVLA that I am not at fault.
Thanks for the replies, I am still not sure if I should use the Insurance companies Solicitors, as I am questioning as to there impartiality. I may seek legal advice elsewhere to be certain my interests are the priority. Maybe a Barrister.....
The insurance link is
http://www.markerstudy.com/policyholders/products/...
Please DO NOT use them under any circumstance, sometimes it is worth paying that bit extra.
( Buy cheap, Buy Twice )etc
Forgot to mention, my employment means I have to declare any Legal proceedings issued against me and I am therefore under an obligation to disclose this, which I have now done, but further causes issues as I am now being investigated for any wrong doing by my employer and could lead to possible suspension pending further investigation at worst.
Thanks for the replies, I am still not sure if I should use the Insurance companies Solicitors, as I am questioning as to there impartiality. I may seek legal advice elsewhere to be certain my interests are the priority. Maybe a Barrister.....
The insurance link is
http://www.markerstudy.com/policyholders/products/...
Please DO NOT use them under any circumstance, sometimes it is worth paying that bit extra.
( Buy cheap, Buy Twice )etc
Forgot to mention, my employment means I have to declare any Legal proceedings issued against me and I am therefore under an obligation to disclose this, which I have now done, but further causes issues as I am now being investigated for any wrong doing by my employer and could lead to possible suspension pending further investigation at worst.
That is a good question. I genuinely didn't realise at the time the repercussions this would have and just wanted to resolve the issue as quickly as possible without the fine increasing any further.
UPDATE
I have just spoken to the Insurance Company who have come back and said that they believe the DVLA had lost the Change of keeper section of the V5, but could not prove to anyone if the DVLA actually received the documents as they do not send them under a Recorded delivery option through Royal Mail.
My response to this was how could you possibly deem yourselves not to be at fault. If you had given me the option to send my own documents to the DVLA ( Recorded Delivery ) without withholding payment of my claim, this would not have happened !
The matter is being referred up the management line to the Claims Director Steve CROSS for his view on the matter.
All I want is a refund of the cost of my initial policy due to a clear breach of contract.
UPDATE
I have just spoken to the Insurance Company who have come back and said that they believe the DVLA had lost the Change of keeper section of the V5, but could not prove to anyone if the DVLA actually received the documents as they do not send them under a Recorded delivery option through Royal Mail.
My response to this was how could you possibly deem yourselves not to be at fault. If you had given me the option to send my own documents to the DVLA ( Recorded Delivery ) without withholding payment of my claim, this would not have happened !
The matter is being referred up the management line to the Claims Director Steve CROSS for his view on the matter.
All I want is a refund of the cost of my initial policy due to a clear breach of contract.
This is Marker Study's final response !!!!
Dear Mr ********
Further to our conversation of the 22nd October 2014 I write to confirm that I have now discussed your request for a return of the policy premium with Steven Cross (Group Head of Claims), as requested.
I regret that I am unable to refund the policy premium as we cannot see that an error has been made. As soon as we became aware that the DVLA has not processed the change of vehicle ownership, a letter was sent to them to confirm this. We accept the problems you are facing is not due to anything you have done wrong and therefore we have instructed solicitors, DWF to act in defence of the DVLA proceedings. This will be at our cost. This however, is not an admittance of liability of any wrong doing on our part.
I acknowledge that this matter will have been embarrassing for you in your line of work, and as such we have provided you with a letter to give to your employer so that they too are fully aware that you are not to blame for the proceedings that have been issued against you.
As per our previous correspondence, if you remain unhappy, you may refer your complaint to the Financial Ombudsman Service, who will be happy to review the matter and provide an independent adjudication.
I realise that this is not the response that you were hoping to receive, but hope that you are able to understand the reasons behind our decision.
Kind regards
Rachel Robb
Complaints Team Leader
Markerstudy Group
Dear Mr ********
Further to our conversation of the 22nd October 2014 I write to confirm that I have now discussed your request for a return of the policy premium with Steven Cross (Group Head of Claims), as requested.
I regret that I am unable to refund the policy premium as we cannot see that an error has been made. As soon as we became aware that the DVLA has not processed the change of vehicle ownership, a letter was sent to them to confirm this. We accept the problems you are facing is not due to anything you have done wrong and therefore we have instructed solicitors, DWF to act in defence of the DVLA proceedings. This will be at our cost. This however, is not an admittance of liability of any wrong doing on our part.
I acknowledge that this matter will have been embarrassing for you in your line of work, and as such we have provided you with a letter to give to your employer so that they too are fully aware that you are not to blame for the proceedings that have been issued against you.
As per our previous correspondence, if you remain unhappy, you may refer your complaint to the Financial Ombudsman Service, who will be happy to review the matter and provide an independent adjudication.
I realise that this is not the response that you were hoping to receive, but hope that you are able to understand the reasons behind our decision.
Kind regards
Rachel Robb
Complaints Team Leader
Markerstudy Group
So in layman's terms you are saying that you would be happy with the Insurance Companies decision and action if this had happened to you in these exact circumstances ?
You would be happy to receive only the costs of the phone calls you have made to Marker Study and no compensation in relation to the lack of response and having been put through this ridiculous and embarrassing court process.
A process that has been ongoing for almost 10 Months. 10 Months having to deal with the situation and exchange emails and phone calls, Penalty notices, Court Summons and Internal investigations through my employer.
And you still believe that the insurance company should not be held responsible for some level of compensation over and above the costs incurred by me by defending my position as a consumer looking to buy and stay within the law by having insurance ?
If you would be happy with the Insurance companies response and do not feel YOU should warrant receiving any further compensation or policy costs refunded, then you must be receiving a very poor deal from whatever insurance company you do business with.
It is the consumers right and obligation to fight for what is deemed acceptable and fair, if we didn't, then the Insurance industry and others would get away with unacceptable levels of poor customer service and never be challenged to change. This is their business and without US they would be out of business very quickly.
It sounds to me as though you work in the Insurance Industry or even a Board of Director within Marker Study !
You would be happy to receive only the costs of the phone calls you have made to Marker Study and no compensation in relation to the lack of response and having been put through this ridiculous and embarrassing court process.
A process that has been ongoing for almost 10 Months. 10 Months having to deal with the situation and exchange emails and phone calls, Penalty notices, Court Summons and Internal investigations through my employer.
And you still believe that the insurance company should not be held responsible for some level of compensation over and above the costs incurred by me by defending my position as a consumer looking to buy and stay within the law by having insurance ?
If you would be happy with the Insurance companies response and do not feel YOU should warrant receiving any further compensation or policy costs refunded, then you must be receiving a very poor deal from whatever insurance company you do business with.
It is the consumers right and obligation to fight for what is deemed acceptable and fair, if we didn't, then the Insurance industry and others would get away with unacceptable levels of poor customer service and never be challenged to change. This is their business and without US they would be out of business very quickly.
It sounds to me as though you work in the Insurance Industry or even a Board of Director within Marker Study !
It appears to me the " Consumer " that the insurer has taken responsibility to send off the V5 and has either failed to do so or not been mindful enough to think of the consequences of having a lost V5, and its impact on the customer should it not get to the DVLA.
They are the facts.
If the Insurer cannot prove with documentation that they sent the V5 to the DVLA and the DVLA say they haven't received it, then who is to blame. I know its not me, so why take court action against me ???
Is my request for Compensation / Policy refund unreasonable or unfair given the circumstances ?
If so what is deemed appropriate ????
Those of you that write negatively I really do not see your point. Maybe I should be in the Insurance Industry where anything goes !
They are the facts.
If the Insurer cannot prove with documentation that they sent the V5 to the DVLA and the DVLA say they haven't received it, then who is to blame. I know its not me, so why take court action against me ???
Is my request for Compensation / Policy refund unreasonable or unfair given the circumstances ?
If so what is deemed appropriate ????
Those of you that write negatively I really do not see your point. Maybe I should be in the Insurance Industry where anything goes !
Final Update
The FSA have agreed to uphold my claim against Marker Study Insurers after looking at the evidence submitted to them. To note, Marker Study have not submitted one piece to back up their claim that the documents were sent recorded. Or indeed any other evidence to counter my claims against them.
The court case was dismissed prior to its commencement on the actual day of the hearing.
The decision by an Ombudsman in writing has been received by me and sent to the business and states that they WILL pay the sum of £1000 and the decision is final and legally binding.
I am delighted that the consumer has fought and won against an Insurer that is not fit to be trading following on from its terrible customer service.
I hope in the future that Marker Study will reflect upon the action taken by me and no doubt many others past and present.
ETA
not on the forums.
The FSA have agreed to uphold my claim against Marker Study Insurers after looking at the evidence submitted to them. To note, Marker Study have not submitted one piece to back up their claim that the documents were sent recorded. Or indeed any other evidence to counter my claims against them.
The court case was dismissed prior to its commencement on the actual day of the hearing.
The decision by an Ombudsman in writing has been received by me and sent to the business and states that they WILL pay the sum of £1000 and the decision is final and legally binding.
I am delighted that the consumer has fought and won against an Insurer that is not fit to be trading following on from its terrible customer service.
I hope in the future that Marker Study will reflect upon the action taken by me and no doubt many others past and present.
ETA
not on the forums.Edited by Big Al. on Tuesday 30th June 22:56
I am not sure I understand some of the comments on here in respect of DVLA.
If you post your V5 Document to them, how can you be sure it's going to be received by them ?
Your right in saying there is no legal obligation to send it via recorded delivery, but surely as a business, you'd want to protect yourself in every way to ensure mistakes such as this one don't come back to bite you. Nit least give your business a bad reputation.
Personally I will be sending any future V5 documents via recorded method so that if this happens in the future I have evidence of the fafafact I have sent it to them.
RED Devil I can't see any where in the posts that you predicted a compensation pay out of £1000 ....
If you post your V5 Document to them, how can you be sure it's going to be received by them ?
Your right in saying there is no legal obligation to send it via recorded delivery, but surely as a business, you'd want to protect yourself in every way to ensure mistakes such as this one don't come back to bite you. Nit least give your business a bad reputation.
Personally I will be sending any future V5 documents via recorded method so that if this happens in the future I have evidence of the fafafact I have sent it to them.
RED Devil I can't see any where in the posts that you predicted a compensation pay out of £1000 ....
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