Car Insurance No claims mess and now passed to DCA!!!

[Myfamily]

Hi everyone, I hope I have posted this in the right place. and sorry this post is a bit long, I hope it makes sense.

 

Please can anyone give me some advice.

 

In July our car insurance came up for renewal, it's in my OH's name with me as a named driver. He had built up 7 years no claims bonus. My mother needed to borrow my car for 2 weeks and in return she loaned me hers, in order for me to drive it I decided to get a quote for the policy in my name and asked the insurance Co (elephant) if my OH's no claims bonus can be used by me as the policy holder and with him as the named driver. They said that as long as I went with them or one of their sister companies (diamond, and another couple that I can't remeber the name of!) this would be o.k. I explained that I had always been the named driver and never the policy holder and they said it was fine.

 

So I did a quote with Elephant and and the other companies and Diamond came out the best. So I cancelled the renewal with elephant and paid the deposit to Diamond and the policy started on 20 July 2011.

 

I recieved my policy documantes from Diamond showing the policy in may name and my OH as a named driver as well as the 7 years no claim bonus too.

 

I recieved a letter from Diamond dated 22 August 2011 asking for proof of the no claims, so I called them and asked if they could get it form Elephant as it's their sister companie, they said yes they will check so I gave them the old policy number which was in my OH name. The person then pointed out that it was in my OH name and I explained all of what I have detailed in my first paragraph above to them and why I had wanted to be the policy holder etc. had also explained to Diamond that I could have the no claims transfered to me as my OH has a black taxi insurance policy too which take into account no claims earned on a priovate vehicle and as Taxi insurance is hugely expensive it was better to save the money there. ( I have since found out that they don't actually use it on the policy they just use it to see what kind of driver you are, so it's not like we're using the 7 eyars for 2 policies whcih you're apprenentely not allowed to do)

 

They said that they weren't sure if this was right and said they would check and call me back.

 

They called back I was out, they left a message a and I returned the call a couple of days later. The person I spoke to explained that the no claims bonus could not be transfered to me in this way and that they would have to reduce my no claims to 0 which would increase my payments from 76.00 to over £100 per month. I exaplined again what I was told when I did my quote and why I wanted the policy in may name. They said there was nothing else they could do, so I said I asked for a quote in my OH names again to switch it back to him, they gave me this and I tld them I would shop around a bit My next payment was not till 20 Sept.

 

I shopped and found a new policy and paid the deposit on 16 Sept. Also cancelled my DD for Diamond.

 

I called Diamond to tell them that I had found something cheaper and so to cancel my policy and the quote for my OH. They said that was fine and it would be done.

 

I then got a letter from Diamond dated 08/10/2011 saying that they have cancelled my poliy with effect from 06/10/2011!!!! and that as a result there is 127.95 due to be paid, which is including a cancellation charge of £47.50.

 

I ignored this (I no it was stupid!) and got anohter letter dated 18/10/2011 stating that if they don't get this payment within 7 days they would pass it to their DCA. I was livid and called them to explain everything that happened as detailed above and that I had to get new policy and pay a deposit of over £100 in order to get a new policy because of the incorrect information that they gave me, it's not fair that I would have to pay the premium to them and a deposit for the new policy all in the same month that would be around £200, I would not have had this problem if they had given me the correct information in the first place.

 

The person I spoke to did not care about what had happened and just kept saying that I had to pay as they covered me for that time but as far as I was concerned I called them and told them that I had found a new policy as from 16 Sept, they say they have no record of my call. I told him not to pass it to a DCA or they would recieve a complaint! He made a note of this.

 

I have yesterday recieved a letter from DLC (Direct, Legal and Collections) dated 4 Nov asking me to contact them within 10 with payment details and that failure to repspond may result in legal action.

 

Can anyone help me? All I did was try to make sure I was insured. I don't know what to do now, I don't feel that it's fair that they are charging me when they are the one's that made the mistake! Am I wrong?

 

Any help or advise would be appreciated !!

 

Thanks

 

Myfamily

[Surfer01]

I think that in a way they are correct as you had cover for a couple of months, however they have stated to you that the policy was invalid as it has the incorrect number fo years no claims bonus. What is on your side is the fact that they accepted the 7 years no claims bonus which then induced you to go ahead with them. A later conversation showed that the no claims bit was invalid. Not sure if this would be enough to invalidate the insurance from day one which would mean you have been driving without insurance which is a criminal offence.

Legally they probably are due the £127 but definitely not the cancellation fee. Wait for some other in put before doing anything.,

[Myfamily]

Hi Surfer, Many thanks for your reply.

 

I do see where you're coming from however I started this policy with them on 20 July and paid a deposit then which is the first months payment, then paid again on 20th August, so surely I was paying in advance?? up to the next payment due on 20 Sept?? So bascially I belive I have paid from 20 July to 20 Sept and my new policy overlaps from 16 Sept.

 

Does that make sense? I don't see any other logic to it otherwise. I hope to get more advise but thanks for you help too!

 

Myfamily

[Surfer01]

Insurance would normally paid in full up front for the year, but if you cancel six months in to the term you will nto get 6 months back, You will probably only get back a quarter if you are lucky. It all boils down to the fact of risk. If you had a claim in the first six months you would have had to pay the full year's insurance anyway. I know it is not exactly what you would like to hear, but either way you have good grounds for telling them to get knotted on the cancellation charge. Wait until you have had further input from other people before deciding what to do.

[Myfamily]

Hi Everyone again.

 

I have now just received a call from DLC, I explained to them that I have already been on the phone to Dimaond to dispute this amount and that i will be writing a letter to them, they asked for a copy of this.

 

Can anyone help me with this? I feel that they totally miss-sold the policy to me as they told me that I could use my OH no claims bonus knowing that i couldn't then tried to increase the premium forcing me to cancel, I suppose they make an easy £47.50 out of me. I feel that this is totally wrong and I shouldn't have to pay for their mistake!!

 

I really need some help as i don't want to write letter that is just a rant but I just don't know how to put it to them. please help!

 

Myfamily

[Myfamily]

Can anyone help me with this?? I really need to to write something to them otherwise DLC will call again and they we're quite serious this morning. I don't think i am being unreasonable am I? Can I complain to anyone that I was miss-sold this policy?

 

Please help I really would appreciate it.

 

Myfamily

[BrazilianCCK]

Not my area of expertise this, but some basics might help

 

1, Don't speak to anyone on the phone from now on, everything in writing

 

2. DLC have no legal rights in this matter, so don't worry

 

Look up on this forum about a "Subject Access Request" and get this sent off with the fee (£10) - this will give you access to all correspondence on the matter, and should hopefully make it clear in writing just what was said

 

Make it clear to DLC that the matter is in dispute, that you have sent the SAR off to Elephant/Diamond which requires a response within 40 days and that DLC should not take any further action until such time as the SAR has been complied with

 

Come back to the forum after the SAR has been received and hopefully someone with a bit more knowledge will help!

[Myfamily]

Thank you so much for your advice Brazilian, the SAR sounds like a good idea.

 

Everything i did with Diamond was on the phone so will the SAR mean that they have to give me transcripts of the calls then?

 

Thanks again.

[BrazilianCCK]

Yes, it includes what they have on their coimputer system in relation to the calls - will probably nott be quite what you remember the conversation as being, more slanted towards what they wanted to happen !

[Myfamily]

Hello again everyone.

 

Just a quick question, as stated before I have recieved communication from DLC, asking for payment of £147.95 (127.95 + £20 because it's been passed to them!!)

 

I recieved 2 letters in December at my home address and have found out that they have also written to my work address! My manager opened them today because they have been all over my building! They called me a couple of times asking if I had recieved their letters which I said I had.

 

I have not been able to do the SAR yet, money is very tight with Xmas and so on, but hopefuly will do it this month.

 

But I thought that DCA's were not allowed to contact you at work if they have a home address etc for your - am I wrong and what can I do if they are not allowed??

 

Any help would be appreciated.

 

Thanks

 

Myfamily

[Myfamily]

Can anyone help?

 

I really want to get some kind of complaint off to these people, it's highly embarassing that my manager read the letters and all say debt recovery etc, might take me to court or send doorstep collectors etc.

 

Surely they're are not allowed to write to my work address when they know that they have my current home address. I don't know if they have call my work aswell.

 

Can anyone advise please?

[Myfamily]

Please can anyone give me further advice, I'm so worried that they may be calling my workplace too!

[Myfamily]

Would really appreciate any further advise - Anyone please !!!

[sailor sam]

You should complain to the FOS (Financial Ombudsman service) about them contacting/writing to you at work. Also write to DLC to make a formal complaint about them breaching your privacy and tell them you will be complaining to the FOS about it. from what you have stated suggests to me that the policy from Diamond was miss-sold which means that you should owe them nothing. You should write to them disputing the amount and give your reasons why which will put the matter in dispute which means the DCA cannot proceed anyway. Mark the letter to Diamond 'Account In Dispute' and send by recorded post.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[Myfamily]

Hi Sailor Sam,

 

I agree I was mis-sold! and everything else you have suggested sounds good. Do you think the way that I have put my original posting will be o.k for these letters with a bit of tweaking here and there? I not very good at the professional kind of letters (I tend to rant!!)

 

What do think?

[sailor sam]

Just keep it simple. Explain that you were basically miss-quoted by Diamond who decided to increase the premium so you looked elsewhere and found a better deal so you decided to cancel the policy with Diamond. Obviously I am assuming that you gave Diamond all the correct and relevant information when obtaining the original quote. If not (and if they can prove so) then that would be a different matter entirely. Irrespective of that, DCL have still breached confidentiality rules by contacting your employer so you still have grounds to complain to the FOS.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[Myfamily]

Hi All,

 

Since my last post I have not heard anything further from DLC, I hadn't got round to writing to them as advised above, have had a lot on!!

 

But today my manager at work has sent me a scan of a letter recieved from Scotcall, again addressed to work!! I have not had anything sent to my home address from Scotcall, no any phonecalls from them at home. Are they deilberately trying to embarass me?!

 

I looked in the template letters and can't find a template to tell them not to write to me at my work address, I can only see the one that tells them not to contact me by phone at work, and I don't know if they have tried to do that? Is there a letter that tells them not to write to me at work?

[Myfamily]

OH and I forgot to add, the letter itself is saying that if I do not pay or contact them immediately they will arrange a doorstop visit, I assume they will be sending someone to my work address - even worse than them coming to my home!!

[sailor sam]

See if these can help;

 

http://www.oft.gov.uk/

 

i'm sure some rules have been broken about your privacy. This is totally out of order.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[Myfamily]

Hi Sailor Sam,

 

I agree, I have had a look through the link you gave but I can't see anything about sending letters to someone's workplace. Do you think I should ring them?

[sailor sam]

Hi Sailor Sam,

 

I agree, I have had a look through the link you gave but I can't see anything about sending letters to someone's workplace. Do you think I should ring them?

 

Yes.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[Myfamily]

Ah o.k. then, I will do that now and be back here in a minute!!

 

Thanks again

[Myfamily]

Hi Sailor Sam

 

Well, I just had short conversation with the Consumer direct advise people (the OFT put me through to them) and they told me that I should write my complaint to Diamond and send a copy to the DCA (probably best to send to both just in case).

 

He also said that what they have done in sending letters to my workplace and the current DCA not sending anything to my home address could amount to harrassment which is a criminal offence!

 

I said I will write the complaint to them, he advised to mention the protection from harrassment act 1997.

 

I suppose I'd better get writing!!

 

Thanks again for the advice!

[sailor sam]

Hi Sailor Sam

 

Well, I just had short conversation with the Consumer direct advise people (the OFT put me through to them) and they told me that I should write my complaint to Diamond and send a copy to the DCA (probably best to send to both just in case).

 

He also said that what they have done in sending letters to my workplace and the current DCA not sending anything to my home address could amount to harrassment which is a criminal offence!

 

I said I will write the complaint to them, he advised to mention the protection from harrassment act 1997.

 

I suppose I'd better get writing!!

 

Thanks again for the advice!

 

This seems to concur with my advice in post #14. I would also mention in your letter that you have taken advice from the OFT and Consumer Direct who state that they are acting illegally. Send any correspondence by recorded post and keep copies.

 

Please keep us posted.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[Myfamily]

Good Afternoon Everyone.

 

Well I can't believe it myself but Diamond appear to upheld my compaint!! I was worried that I had rambled on a bit!!

But I am not sure I understand paragraph 4 as he says outstanding balance £62.25 and then in parapgraph 9 says he is waiving the outstanding premium and that there is no money owed on this account. Sorry if I seem stupid but he seems to say that the something is owed or is it?? Thanks everyone for your help

 

See below.

 

Dear Myfamily

 

Policy No:

 

Thank you for your e-mail, received on the 19/03/12. As a Complaint Executive for Diamond, I would like to address your concerns.

 

I am sorry to hear you are unhappy with our service. We aim to provide first-class customer care and I am disappointed to find you feel otherwise. I have carefully reviewed our records for your policy and would like to begin by offering my sincere apologies for any confusion or frustration we have caused. I would like to reassure you this was not our intention.

 

Again, I am sorry we did not explain our procedures well or follow through on their promised actions. We train our consultants to give an efficient and accurate service to all our customers. I am sorry you feel you have not received the high-level of service we aim for. It is always disappointing when we do not give our customers accurate information and cause unnecessary confusion and inconvenience.

 

I can confirm we cancelled your policy for non-payment with effect of the 06/10/11. Having reviewed your policy, I note you have taken alternative insurance from the 16/09/11. I have reworked the cancellation for your account to reflect this and can confirm the correct outstanding balance is £62.25. Below is the breakdown of how the outstanding amount is due.

 

Premium for 12-month policy (365 days) - £1078.17

Cost of cover per day - £2.95

Duration of cover (20/07/11 to 16/09/11) - 58 days

Cost of cover - £171.32

Payment received (as of 16/09/11) - £156.57

Difference - £14.75

Plus - £47.50

Cancellation - £62.25

 

Moving forward, I am also concerned Direct Legal Collections (DLC) and ScotCall have sent correspondence to your employment address. To help me explain how this happened, I referred this to ourAccounts Department. They told me, after speaking with DLC, a company called Call Credit provided them with your employment address. They also advised this is a legitimate source of tracing and means in the past you have used your work address for something linked to your home address. However, I would like to point out they should not be chasing you at your work address but somehow the company who provides data to Call Credit failed to remove this information. I am sorry for any distress this has caused.

 

To help with my investigation, I listened to the call you had with Forhad on the 25/10/11. After hearing this conversation, I agree Forhad could have done more to help you. I feel he did not fully understand your concerns and therefore was unable to offer you a resolution.

 

I will speak with the members of staff involved in dealing with your policy and discuss the frustration their action has caused you. Where necessary, I will arrange further training to try to ensure this does not happen again.

 

To help bring matters to a close, I have waived the outstanding premium and can confirm there is no money owed on this account. I hope you will accept a cheque for £100.00 by way of apology for any upset or embarrassment our error has caused. I have also told DLC and ScotCall to close their file and to not send you any further correspondence. While this is in no way meant to detract from your experience, I hope it goes some way towards making amends. I will send the cheque with a copy of this e-mail. Please allow a minimum of five working days to receive this.

 

I am sorry you found it necessary to complain as we take customer satisfaction seriously. I understand you may remain disappointed, but hope I have explained the reasons for our actions and resolved the situation.

 

We aim to work with our customers to resolve all complaints fairly. While I hope my response answers your concerns, I understand you may have further queries or more information you would like us to consider. You are still welcome to contact me on 0800 118 1695, extension 83 5708, or e-mail me at quality@diamond.co.uk. Should you remain dissatisfied, you can contact the Financial Ombudsman Service within six months of the date of this letter. I have attached a link to the leaflet ‘Your Complaint and the Ombudsman’.