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| bugeye_bob |
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 bugeye_bob World Chat Champion

Joined: 05 Sep 2013 Karma :  
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 Posted: 08:16 - 09 Apr 2014 Post subject: Bennetts bike insurance fraud |
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Has anyone else had issues with Bennetts regarding insurance ?
I took a policy out 12 days ago with them for a 2nd bike thinking it will be plain sailing,
After 2 days of my new ride I get pulled by a rather snotty police officer, giving it the "Cant be bothered with insurance" and the " didnt think we would catch you" comments as he walks over,
I'm a little taken back as Im mid 40`s and completely legal, not some 16 yr old trying it on or something,
I politely ask what his problem is, he says no insurance and he is impounding my bike,
this is almost as he walks over, doesnt give me 10 seconds to really answer,
as we dont get a proper Certificate my minds racing as to just wtf is going on here,
Luckily I have my mobile which had the email from Bennetts,
He starts giving me grief about it not being on MID etc etc, I point out its feck all to do with me all I do is pay the premium !
So on to Bennetts, a nice polite conversation with an apology and promise it will be sorted and we move on,
Well 2 days later I get another pull, again copper jumps to wrong conclusion but this time I meet him halfway and almost shove my mobile down his throat just for the attitude,
So back again to Bennetts who say it isn't them its the Underwriter go ask them, so I do,
They have NO record of ANY POLICY for me, name, address reg, etc, nothing,
So I ask a simple question, "If I was to make a claim would they honour it", They wouldn't answer it,
So yes yet again back to Bennetts, they blame computers but still cant answer why Aviva cant find me on the system as having a policy, this worries me but not Bennetts,
So this has carried on now and 10 days in still not on MID or Aviva computers,
Do you think this is Iffy?
I cant use the bike now as I really don't believe I'm covered and if I want to cancel Bennetts are happy too as long as I pay the fee . . . . .
the best answer today was, well it can take up to 7 days to show on MID, I mention it well over that so what now, answer, "Oh".
Aviva have launched their own investigation as to why Bennetts are using their name on certificates yet aren't starting policies . |
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| covent.gardens |
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 covent.gardens World Clap Champion

Joined: 09 Jun 2012 Karma :     
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 Posted: 08:21 - 09 Apr 2014 Post subject: |
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Bennets is a massive broker so it's incompetence rather than fraud, you paid them so they should be sorting it out, not down to you to ring the underwriter. Ring and demand to speak to a manager.
You can use https://www.askmid.com/ to check the database yourself to see when they've fixed it. |
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| MarJay |
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 MarJay But it's British!

Joined: 15 Sep 2003 Karma :     
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| chickenstrip |
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 chickenstrip Super Spammer

Joined: 06 Dec 2013 Karma :    
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 Posted: 08:30 - 09 Apr 2014 Post subject: |
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Thanks for that link covent.gardens.
My insurance recently wrote to me about the company being taken over by another, and kept meaning to check everything still ok. I'm safe
I added breakdown recovery when I insured, as an optional extra, and I've never been able to find out who I call in the event of a breakdown. The dopey gits answer my emails, but never answer that question!
In the dictionary, look up insurance companies under "incompetence"  |
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| bugeye_bob |
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 bugeye_bob World Chat Champion

Joined: 05 Sep 2013 Karma :  
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| Knacker |
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 Knacker World Chat Champion

Joined: 31 Mar 2008 Karma :   
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| bugeye_bob |
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 bugeye_bob World Chat Champion

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 09:54 - 09 Apr 2014 Post subject: |
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Print off the certificate of insurance, carry it on you, be confident that you will end up claiming back every penny of loss or expense from the police Farce if your bike is seized. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| Knacker |
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 Knacker World Chat Champion

Joined: 31 Mar 2008 Karma :   
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| bugeye_bob |
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 bugeye_bob World Chat Champion

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 10:07 - 09 Apr 2014 Post subject: |
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Why does it matter what they say on the phone either way?
They only way that you can prove it where it ultimately matters, before a court, is by showing the certificate of insurance. That (at the moment) is the document that is both necessary and sufficient.
That's the position taken by your Englander Court of Appeals, and I'd be happy riding on that basis. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| The Disapproving Brit |
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 The Disapproving Brit World Chat Champion

Joined: 10 Sep 2008 Karma :     
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 Posted: 10:11 - 09 Apr 2014 Post subject: |
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| Rogerborg wrote: | Print off the certificate of insurance, carry it on you, be confident that you will end up claiming back every penny of loss or expense from the police Farce if your bike is seized. |
What this man says. While there is any dispute, it is vital that you carry your cert with you, because that cert is your argument against seizure.
See this case for details: https://www.bailii.org/ew/cases/EWCA/Civ/2011/749.html
Basically, in order to be able to seize, the law says:
| Quote: | (a) a constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of section 143,
(b) the person fails to produce such evidence, and
(c) the constable has reasonable grounds for believing that the vehicle is or was being so driven. |
Their honours interpreted this as below:
| Quote: | To justify seizure each of the three facts set out in section 165A(3) must be present:
(1) A constable in uniform must require under section 165 that the driver produce evidence that the vehicle was not being driven in contravention of section 143. By virtue of 165A(9) the reference to that evidence is a reference to a document within section 165(2)(a), namely, "the relevant certificate of insurance". In summary the police constable must require the driver to produce the relevant certificate of insurance.
(2) The driver must fail to produce the relevant certificate.
(3) It is only then that the third element arises – the constable's reasonable grounds for believing that the vehicle was being driven in contravention of section 143. The Recorder, perhaps misled by the way the case was argued before him, fell into error in that, having found that Mr Burton was driving with consent and with insurance cover, he nevertheless rested his judgment on whether the police officers had reasonable grounds for believing that the vehicle was being driven without there being in force in relation to the use of the vehicle by the driver such a policy of insurance in respect of third party risks as complies with Part VI of the Act.
Thus condition 165A(3)(b) was not satisfied. He did not fail to produce what was required. The police constables' belief, misled as they may have been by some person within Saga that the cover was only extended if the car actually being driven was itself insured by its owner, was flatly contradicted by the plain words of the certificate: the police constable's belief, no doubt honestly held, that the certificate did not mean what it said is neither here nor there. Having failed to satisfy condition (3)(b) of section 165A, we simply do not get to section 165A(c).
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TL;DR: if you produce evidence of insurance at the roadside, then there is no power to seize ____________________ Current Bikes: 1983 Honda VF400FD / 2003 Honda VT750 Shadow
Bike Test Passed 18/03/09, Car Test Passed 14/05/13 |
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| Motorhate |
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 Motorhate Nearly there...

Joined: 02 Aug 2013 Karma :  
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| FLV |
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 FLV Trackday Trickster

Joined: 18 Aug 2010 Karma :     
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| janner_10 |
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 janner_10 World Chat Champion

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| Baffler186 |
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 Baffler186 World Chat Champion

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| Teflon-Mike |
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 Teflon-Mike tl;dr

Joined: 01 Jun 2010 Karma :    
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 Posted: 13:00 - 09 Apr 2014 Post subject: |
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According to test case where Judge made ruling over bloke having car seized for driving on the 'extension' cover of another policy, when Police said that the car wasn't covered, so they were having it, and Ins Co said that extension cover only applied if vehicle was other wise insured on its own policy; Judge ruled, NOPE, whats on the paper is what matters, NOT what insurance brokers or half clued coppas say or would like to believe.
The Actual, insurance company issued paper cirtificate.
And according to what is actually written in the statutes of the Road Traffic act, you ought to have that actual bit of paper, as issued by the ins co, in your possession, before you use motor-vehicle on public roads.
Not a promice of one over the telephone; not something in the post; not some e-mail on a phone; nor ink-jet self-print.. the actual real Ins-Co issued, certificate of insurance.
So you are doing the 'right' thing as far as not riding till you get proper papers.
MID is not a 'legal entity' as far as the RTA, as it stands at this moment, to my knowledge; fact that police and insurance companies and DVLA would like to take it as gospel, and are happy to let folk rely on it as they do, making thier life easier, doesn't make it law; just common practice.
Believe its due to change come November, when they get rid of the tax disc; but even then, I dont know hoe much legal standing there will be to the MID; DVLA advice sheet says you will still be able to pay tax at the post-office presenting paper ins-cert, so I presume they still admit its 'fallible'.
Fraud? Probably not. Just lazy people; bean counters and computers, conspiring as normal, to cause 'fuck-ups' no-one has to take responsibility for, as computers make it SO much easier to simply pass the buck. Modern Life, eh?
Call Bennets; yell at them; demand to talk to a manager, or higher.
Be unbrittish. Make a fuss, and don't be fobbed off with buck passing; Remember, THEY are the ones who have taken your money, THEY are the ones who you have a contract to provide insurance with; so THEY are the ones to damn well deliver the goods YOU have paid for, and you want them NOW, here, TODAY... IN WRITING, and if that means some-one has to pedal to timbucktu to find a type-writer to make you a propper ins-cert,, then THAT is what they will have to do, NOT YOUR PROBLEM... they have sold you goods, DELIVER them!
Law says you need genuine Insurance Cert. End of. No 'buts', 'ifs' or explanations, that's just fobbing you off.
Immeterial whether they think you need one, or what they think the law says.
You have paid for, and expect an insurance cert. and you want 'goods' you have paid for. End of! Why you need them is NOT thier bludy concern or business.
And you have paid THEM for it.
If they have to get it from some-one else, well, that's THEIR problem, not yours, YOU shouldn't have to go sorting THEIR bludy supply chain problems.
Chuck the buck back at them. Make them earn their bludy money. They are quick enough to take it, aren't they? ____________________ My Webby'Tef's-tQ, loads of stuff about my bikes, my Land-Rovers, and the stuff I do with them!
Current Bikes:'Honda VF1000F' ;'CB750F2N' ;'CB125TD ( 6 3 of em!)'; 'Montesa Cota 248'. Learner FAQ's:= 'U want to Ride a Motorbike! Where Do U start?' |
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| Knacker |
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 Knacker World Chat Champion

Joined: 31 Mar 2008 Karma :   
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| map |
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 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
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 Posted: 13:54 - 09 Apr 2014 Post subject: |
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| Teflon-Mike wrote: | ...according to what is actually written in the statutes of the Road Traffic act, you ought to have that actual bit of paper, as issued by the ins co, in your possession, before you use motor-vehicle on public roads... |
FYI there is an amendment that allows you to have an electronic copy. So pdf on your smart phone should be ok.
Not that, in my experience, it makes a difference. I have it in writing that it's Manchester Police policy to ignore this amendment to the law. Really, I'm not making it up. Police policy to ignore the actual law in favour of what they want to do.
However, I believe there's another amendment planned (or is it law now) to say no need for paper as that costs money and we'll just check online like car tax and MOTs (might be same law that did away with car tax discs, I'll check unless someone else knows).
So given the MID database is about a trustworthy as a politician's promise I can see much grief for people.
Also BTW the police often quoted statute that they must seize the vehicle to take it off the streets. Guess what, the actual statute doesn't say anything like that. So if you're uninsured and can get it insurance at the roadside and show police an electronic copy of the certificate you should be good to go. Good luck with that though, it'd mean the police would actually have to know the law, not what they've been told to do by management. ____________________ ...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?  |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 14:08 - 09 Apr 2014 Post subject: |
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| Teflon-Mike wrote: | And according to what is actually written in the statutes of the Road Traffic act, you ought to have that actual bit of paper, as issued by the ins co, in your possession, before you use motor-vehicle on public roads.
Not a promice of one over the telephone; not something in the post; not some e-mail on a phone; nor ink-jet self-print.. the actual real Ins-Co issued, certificate of insurance. |
E-mail or on a web site is fine, see The Motor Vehicles (Electronic Communication of Certificates of Insurance) Order 2010.
| map wrote: | However, I believe there's another amendment planned (or is it law now) to say no need for paper as that costs money and we'll just check online like car tax and MOTs (might be same law that did away with car tax discs, I'll check unless someone else knows). |
DfT consulation "Removal of motor insurance certificates".
I made a representation which seems to have been omitted from the respondents ( ) but the good news is:
"In the light of the responses to the consultation we will not pursue the proposal as consulted on [...] Instead we will legislate for the ABI’s suggestion of removing the present requirement for a policyholder to return their certificate if they cancel their policy in mid-term and to use the MID as evidence of the cancellation."
So, still some chance of them cocking it up by recording on the MID that you're not covered, but at least they'll have to take deliberate action to do so, rather than us being done through inaction.
And: "We will also alter slightly the existing legislation regarding the provision of insurance certificates: retaining the requirement for insurers to issue an insurance certificate, but removing the link between the insurance policy having no effect until an insurance certificate is delivered to the policyholder, as the police and insurers hardly ever recognise delivery of the insurance certificate as significant."
Huzzah for common sense. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| smegballs |
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 smegballs World Chat Champion
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| map |
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 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
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 Posted: 15:34 - 09 Apr 2014 Post subject: |
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| doggone |
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 doggone World Chat Champion

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| bugeye_bob |
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 bugeye_bob World Chat Champion

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| Doovy |
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 Doovy World Chat Champion

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Old Thread Alert!
The last post was made 11 years, 291 days ago. Instead of replying here, would creating a new thread be more useful? |
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