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Where do i stand with this insurance situation...

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J Charles
Borekit Bruiser



Joined: 26 Aug 2011
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PostPosted: 10:18 - 12 Dec 2011    Post subject: Where do i stand with this insurance situation... Reply with quote

Background:

Owned a GSXR 600 that was insured with a well known broker and everything was fine. Sold that bike and purchased a Triumph Scrambler. Phoned up my broker at the end of June and ask to change bike, no problem they said. Additional premium was given and paid by myself and everything seemed fine.

Friday i receive a letter Saying "We note from our records, that following a recent amendment to your policy the additional premium of £50 has not been paid.

I phone up to enquire, especially seeing as i haven't made any recent changes to my policy.

The answer was as follows:

When you changed from your GSXR sir, we gave you a quote for the Triumph, but your insurance company is now demanding more money as they quoted us the wrong price back in June.

Now hold on a minute, i have insured many many vehicles in my time, including multiple mid term adjustments and never had i had a broker send me a letter 6 months after an amendment saying, oh sorry we quoted you wrongly give us more money. Surely the broker should swallow this fee? Its not a lot of money but in principle i have already said i am not going to pay it.

And to top it all off the broker said, we will put a note that you aren't going to pay and we will wait and see what the insurer will do. I said no, you are my broker, i'm not happy to leave this and see what happens (i could potentially become uninsured) you need to find out for me. Supposedly the nice man is going to phone who i am underwritten to and find out. (doesn't hold breath)

Any thoughts would be greatly welcomed

many thanks

J
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c-m
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Joined: 12 May 2006
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PostPosted: 10:40 - 12 Dec 2011    Post subject: Re: Where do i stand with this insurance situation... Reply with quote

Nope it's pretty simple. You need to pay the money if you want to continue in your current insurance.

If you would prefer to leave the company, then an 'honest mistake', in this case the broker (that is who your contract is with) quoting the wrong figure, would allow you to set the contract aside under contract law.

In all decency though, you expect the broker to swallow the cost as a gesture of good will.

Quote:
In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defence, and if raised successfully can lead to the agreement in question being found void ab initio or voidable, or alternatively an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake' and the 'common mistake'. It is important to note the distinction between the 'common mistake' and the 'mutual mistake'.
[/code][/quote]
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D O G
World Chat Champion



Joined: 18 Dec 2006
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PostPosted: 10:41 - 12 Dec 2011    Post subject: Reply with quote

I'd be asking them to point out exactly where in their T&C's it says they can retrospectively vary their premium.
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c-m
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PostPosted: 10:43 - 12 Dec 2011    Post subject: Reply with quote

D O G wrote:
I'd be asking them to point out exactly where in their T&C's it says they can retrospectively vary their premium.


They can't vary it, but if they made an honest mistake as to the price, the contract may be void from the start or voidable.
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daemonoid
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Joined: 27 Jun 2008
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PostPosted: 11:03 - 12 Dec 2011    Post subject: Reply with quote

I believe they're not allowed to change the price once you've already paid.

Your broker should probably be the one fighting with the insurance co... but they probably don't want to bite he hand that feeds.

There's probably some clause in the contract that says they can withdraw at any time or demand extra payment if a mistake is made, but that would likely be an unfair clause and so would not hold up if you took it that far.

I'd suggest 3 options:
Look at insurance elsewhere, if you can get it cheaper move companies and save the hassle (you'll be able to leave early as they messed up).
Contact citizens advice.
Charge them a renegotiation fee comparable to their change of terms fees - I've had good responses with this in the past, basically send one letter out informing them to contact you in writing, not over the phone and then list your charges for replying to such correspondence if it's not sorted immediately. Citizens advice may be able help with that one too. May not work in this case, but it got rid of a parking fine and debt collectors who were after previous occupants.
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 11:12 - 12 Dec 2011    Post subject: Reply with quote

I'd probably give them the option of continuing the policy as it exists or cancelling the policy, stressing I expect a full pro-rata refund for the remaining time as they have breached the contract which was laid out in the statement of fact issued at the beginning of the policy.

Then I'd go with someone else.
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P.
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 11:16 - 12 Dec 2011    Post subject: Reply with quote

I'd ask why on earth they asked for an additional premium swapping to a bike that isn't as plastic fantastic Neutral

I'd like to swap my GSXR to a GS500, oh sir thats a premium increase of £x.xx...

Rolling Eyes
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J Charles
Borekit Bruiser



Joined: 26 Aug 2011
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PostPosted: 11:18 - 12 Dec 2011    Post subject: Reply with quote

##Paddy## wrote:
I'd ask why on earth they asked for an additional premium swapping to a bike that isn't as plastic fantastic Neutral

I'd like to swap my GSXR to a GS500, oh sir thats a premium increase of £x.xx...

Rolling Eyes


Went from a £1000 SRAD to a £4.5k Triumph, and it wasn't a massive increase.
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P.
Red Rocket



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PostPosted: 11:20 - 12 Dec 2011    Post subject: Reply with quote

Still, I could go from a GSXR to a Tiger 1050 and its cheaper Neutral

I'd still say they can't actually charge you more than what they quoted on the phone..as in cant demand MORE on top of what you have paid.
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 11:29 - 12 Dec 2011    Post subject: Reply with quote

They can charge more than initially quoted definitely - but I think they're going to have a much harder time retrospectively adding the charge.

Were it me, I'd start with a strongly worded letter to appropriate directors questioning their level of service and why they think this is acceptable.
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P.
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 11:33 - 12 Dec 2011    Post subject: Reply with quote

G wrote:
They can charge more than initially quoted definitely.


Not disagreeing but how?

Thats like getting a quote online, £200, paying for it then the company calling you up saying oh no, thats wrong, pay £50 more?

Nothing has changed prior to paying for the policy...? Thumbs Up
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 11:40 - 12 Dec 2011    Post subject: Reply with quote

No, that's like getting a quote online, £100. Ringing up to take it out and them saying "sorry, we can't match that, it'll be £200". Which is the situation I had with MCE in the past. (Before you could pay for the insurance online.)

Once you've paid, things are a bit different. However before then they don't have to honour a 'quote', which is of course just a 'quote' Smile.
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J Charles
Borekit Bruiser



Joined: 26 Aug 2011
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PostPosted: 12:09 - 12 Dec 2011    Post subject: Reply with quote

Thanks for the responses, but we have an update.

UPDATE:

I have just been on the phone to said broker, and i am now being told the additional cost is the Cancellation fee for my GSXR policy. As a new policy was set up for the triumph as the underwriter i was with could not cover it.

I asked for a cancellation cost on my current policy, which has been running for 6 months, so i am due 25% back.

25% policy refund minus £32 cancellation fee minus the original cancellation fee leaves us at -£4

So i owe them, £4 to cancel the policy.

I know this changes things as its a existing charge of a previous policy, but the lady on the phone admitted that it looks like they calculated incorrectly, at the time of requote on the new bike.

Anyway, i am now waiting for a call from a manager to see what they can do.

Despite weather i am wrong or right with my protest, i feel like changing company anyway, just to make myself feel better lol.

J
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P.
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 12:15 - 12 Dec 2011    Post subject: Reply with quote

J Charles wrote:
Anyway, i am now waiting for a call from a manager to see what they can do.


If their answer isn't "We'll fuck off and leave you be" then do one Laughing
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Marmalade
World Chat Champion



Joined: 28 Apr 2009
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PostPosted: 12:27 - 12 Dec 2011    Post subject: Reply with quote

There shouldn't be a cancellation fee. They dropped a clanger, you're not happy.

So it's either pay £50 excess premium or pay a cancellation fee. what tossers
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Kwaks
I'm not a fast rider



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PostPosted: 12:51 - 12 Dec 2011    Post subject: Reply with quote

Either they honour the contract they created, or if they feel this is impossible they refund from inception. Simple
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pits
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PostPosted: 13:00 - 12 Dec 2011    Post subject: Reply with quote

J Charles wrote:


I asked for a cancellation cost on my current policy, which has been running for 6 months, so i am due 25% back.

25% policy refund minus £32 cancellation fee minus the original cancellation fee leaves us at -£4

So i owe them, £4 to cancel the policy.

Not sure whether it still classes as breach of contract because the change of underwriter, but if it is a breach of contract they owe you a refund of the policy and you should not be paying any cancellation fees as far as I understand?
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Marmalade
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PostPosted: 13:04 - 12 Dec 2011    Post subject: Reply with quote

It is a breach. They misquoted and want more money than was agreed and paid up at policy inception
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Ichy
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PostPosted: 13:10 - 12 Dec 2011    Post subject: Reply with quote

I thought a cancellation fee was charged by the brokers to cover their costs and not by the insurance company?

If that is the case does that not mean that they blatantly lied during the first call?
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Rogerborg
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PostPosted: 13:56 - 12 Dec 2011    Post subject: Reply with quote

J Charles wrote:
I have just been on the phone to said broker, and i am now being told the additional cost is the Cancellation fee for my GSXR policy. As a new policy was set up for the triumph as the underwriter i was with could not cover it.


Hang on a second. How could that not have been made clear to you at the time? "Change the insured vehicle" is very different to "cancel the policy, stitch me up with charges, and burn my partially earned NCD". You can't possibly have made an informed decision to agree to that, unless they spelled it out.

If that's not "mis sold" then I don't know what is. Start along the complaints route at your broker, aiming to end at the Financial Ombudsman, see how long it takes them to cave in and offer you (at a minimum) compensation for the charges and lost NCD.

That said, your new certificate of insurance should show as running for a full year from the date of the (new) inception. Didn't that clue you in that something was up?
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0l0dom0l0
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PostPosted: 15:11 - 12 Dec 2011    Post subject: Reply with quote

So what about the 6 months NCB you've lost then?

Can you name and shame because I want to avoid this company.

My dad was insured for his diversion 600, he rang up and asked how much it would be to change the policy over to his Fazer 100 which he was buying at the time. The broker said his current insurance company wouldn't cover it and he would have to take out a new policy, with about 4 months left until he'd got his years NCB.

Turned out it was cheaper to keep the policy running and get a new policy from scratch.

Deffo been miss-sold and I would be writing some very strongly worded letters to the company in question.
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J Charles
Borekit Bruiser



Joined: 26 Aug 2011
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PostPosted: 17:49 - 12 Dec 2011    Post subject: Reply with quote

Rogerborg wrote:
J Charles wrote:
I have just been on the phone to said broker, and i am now being told the additional cost is the Cancellation fee for my GSXR policy. As a new policy was set up for the triumph as the underwriter i was with could not cover it.


Hang on a second. How could that not have been made clear to you at the time? "Change the insured vehicle" is very different to "cancel the policy, stitch me up with charges, and burn my partially earned NCD". You can't possibly have made an informed decision to agree to that, unless they spelled it out.

If that's not "mis sold" then I don't know what is. Start along the complaints route at your broker, aiming to end at the Financial Ombudsman, see how long it takes them to cave in and offer you (at a minimum) compensation for the charges and lost NCD.

That said, your new certificate of insurance should show as running for a full year from the date of the (new) inception. Didn't that clue you in that something was up?


In hindsight i really should have taken greater care to notice about the start date, and i know i am at fault for that for sure. Apparently i was aware that it was a new policy, but i have no recollection of this at all. I would happliy be told otherwise hearing the recording of the conversation etc.

What is more, is that if the quote had been calculated properly, including the cancellation fee, i probably would have paid it and still have been a happy fuss free customer today.

What annoys me the most is the time it has taking for them to demand this extra money, within a week of the bike change fair enough, and i would have taken it on the chin, but 6 months later it what really gets me, especially as the tone of the letter suggested i was aware of this underpayment for some time and that i was defaulting. But this is infact the first i have known of the issue.

I can only wait to see what the manager has to say. But everyones advice is greatly received. Smile

Thanks chaps!
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trevoriv
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PostPosted: 09:53 - 13 Dec 2011    Post subject: Reply with quote

Tell them to pike off.

You've been mis-sold if they didnt tell you that they were putting you on a new policy and therefore new contract.

And the time delay is not acceptable. Get a quote from someone else and tell them that you are going to move your business elsewhere.
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J Charles
Borekit Bruiser



Joined: 26 Aug 2011
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PostPosted: 01:05 - 25 Dec 2011    Post subject: Reply with quote

Sorry about the delayed reply, been away for work.

But i have news, after many hours spend on hold, i finally spoke to someone with some sense, and guess what, the £50 charge has been dropped as a gesture of goodwill.

Still not overly impressed with the overall experience but, at least it's sorted.
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anthony_r6
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PostPosted: 08:11 - 25 Dec 2011    Post subject: Reply with quote

J Charles wrote:
Still not overly impressed with the overall experience but, at least it's sorted.


Glad to hear it. We all know they take the p*ss sometimes, but at least there are SOME people with common sense. I suspect someone realised they were in the wrong and didn't really have a leg to stand on. Either way - good result Thumbs Up
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