Backdating Car Insurance Policy

[mr mg zr]

Ahh the AA I have a couple of cases on file about

this situation, I will not raise your hopes on this,

they have acted correctly in line with the law and

the Ts & Cs of installment insurance policies.

The usual method od dealing with a missed DD

payment is to immediately send a default notice

giving you 7 days to correct the default and continue

the insurance, failure to correct the default results

in the cancelletion of the policy, unfortunately the duty

of care falls upon the ''insured'' to rectify on time,

the fact that such a DN was not received will not help

as they will be able to prove such a document was posted.

The payment due 01/01/2012 is not relevant as it is the

December 2011 DD that has failed premiums are paid

in advance.

After the hols I look at my files and get back to you.

 

Thank you for your reply. I can see you speak with experience.

However there was no December DD date or payment required by the AA.

 

This is confusing

[gezwee]

It is not just co policy, if a co wishes to allow such

discreation they are technically wrong,

THE law says insurance effective (paid for).

 

That's what I'm getting at....... the OP took out a new policy in November 2011 [1st Instalment by card], 2nd instalment due 01.01.12 by d/d....... I'm struggling to see where there could be a breach of contract under payment structure confirmed in writing by the provider?

 

Back to another swig of me merlot, hic

 

Gez

[BRIGADIER2JCS]

Thank you for your reply. I can see you speak with experience.

However there was no December DD date or payment required by the AA.

 

This is confusing

Post 1 states failed DD payment prior to 05/12/2011??

Back Monday.

[mr mg zr]

Post 1 states failed DD payment prior to 05/12/2011??

Back Monday.

 

No there was no DD in December at all, The deposit was in November and next payment was due 01/01/2012

When i rang the AA they said it got cancelled on that date (5th december), but DD is due 01/01/2012.

 

There is no paperwork which suggests a DD for the 5th December.

 

Thank You guys

[gezwee]

Post 1 states failed DD payment prior to 05/12/2011??

Back Monday.

 

Have a goodun, Happy New Year to you and the family

 

Gez

[BRIGADIER2JCS]

No there was no DD in December at all, The deposit was in November and next payment was due 01/01/2012

When i rang the AA they said it got cancelled on that date (5th december), but DD is due 01/01/2012.

 

There is no paperwork which suggests a DD for the 5th December.

 

Thank You guys

 

I'll get you the names and dept you need to contact Weds.

 

Just one more for when I get back is this a renewal or a new

policy with AA??

[mr mg zr]

I'll get you the names and dept you need to contact Weds.

 

Just one more for when I get back is this a renewal or a new

policy with AA??

 

 

thank you so much.

 

its a new policy

[gezwee]

Hi Mg

 

Responding to your PM......

 

Assuming you get the issue [cancellation] resolved, you've done the right thing by bringing the incident and errant cancellation to their attention via e-mail.

 

Regarding telephone call in addition; If its within their terms of service that incidents/losses are reported by telephone then you must follow up and report in this way...... given the circumstances cover all bases. There is a duty of care between parties to mitigate any/all loss.

 

Keep a record of the call time and name of agent/rep you speak to, if they respond that you are uninsured ask them to report/log the matter in the same manner as an insured loss until you are able to resolve their error.

 

Hopefully Brig will be able to dig out a contact at the AA later in the week.

 

Gez

[BRIGADIER2JCS]

Looking for it now it's a paper archive job, where you are

sure it was in that file ''BUT''???

I know there was a default raised 1 day after a missed payment

and 7 day notice given to rectify or insurance would be cancelled,

it's the small print we need!!

[mr mg zr]

Looking for it now it's a paper archive job, where you are

sure it was in that file ''BUT''???

I know there was a default raised 1 day after a missed payment

and 7 day notice given to rectify or insurance would be cancelled,

it's the small print we need!!

 

Hello,

 

Thank you.

 

That is fine, i appreciate any help on this matter.

I have submitted a complaint on the matter (was done on the 30th December).

[mr mg zr]

Hello again,

 

I seeked some advice from a gentlemen in the insurance business. He was very helpful and advised me that insurance companies should not cancel policies without sending correspondence via recorded post.

Now i have not recieved nothing nor have i signed for any AA documentation.

 

Is it true that correspondence should of been sent via recorded delivery?

[BRIGADIER2JCS]

Ahh there you are I've had a look at the small

print on a AA insurance contract paid by installments,

the gist is if any installment is missed/late a default

notice is issued, giving a chance to remedy, if the #default

is not remedied the insurance is cancelled in 7 days time

and the policy holder is notified in writing before this event

that the vehicle will not be insured from midnight on xxx xx.

There is no mention of Recorded delivery.

I would suggest a Formal Complaint to the CEO of the AA

addressed by name (it's all over their letters and advertising)

lay the complaint out simply and clearly, this is what I did

a couple of years ago for a third party on a similar event.

 

Brig.

[mr mg zr]

Ahh there you are I've had a look at the small

print on a AA insurance contract paid by installments,

the gist is if any installment is missed/late a default

notice is issued, giving a chance to remedy, if the #default

is not remedied the insurance is cancelled in 7 days time

and the policy holder is notified in writing before this event

that the vehicle will not be insured from midnight on xxx xx.

There is no mention of Recorded delivery.

I would suggest a Formal Complaint to the CEO of the AA

addressed by name (it's all over their letters and advertising)

lay the complaint out simply and clearly, this is what I did

a couple of years ago for a third party on a similar event.

 

Brig.

 

Thank you.

 

Not the news i was hoping for but, oh well.

What do i do if i have not received the letter? Dont know why they tried to debit my account before the required date.

 

I understand the part "missed/late" but if the FIRST payment is suppose to come out on the 1st of Jan then its not Late nor missed is it? hmmm alll confusing

 

I was advised by a insurance broker that its standard practice to send cancelation documents via recorded/signed delivery.

 

Thank you for you advice Brig...Much appreciated as usual.

[BRIGADIER2JCS]

Just found part of the other case this was

a ''clerical'' error on DD start date but deafult

issued and insurance cancelled compo paid.

You have got em I think, if you need help just

yell.

Brig.

[mr mg zr]

Just found part of the other case this was

a ''clerical'' error on DD start date but deafult

issued and insurance cancelled compo paid.

You have got em I think, if you need help just

yell.

Brig.

 

Thank you Brig.

 

Might sound daft but what do you suggest for me to do now?

I submited mu complaint on Saturday.

do I need to add more to it.

 

Thank you for your help.

so gratefull

[mr mg zr]

Hi,

 

Just had a call from the AA as yesterday i rang again and spoke to the manager.

 

I have just been told that the reason the policy was canceled was because the DD failed to set-up.

They say they were not trying to take a payment, however just set it up.

 

Obviously i explained i have not received the letters which were supposidly sent on the 3rd and 9th of November.

 

I stated that my initial deposit was suppose to cover me up untill the 1/1/12, so regardless of DD failure why was it canceled so early. The woman could not really give me a answer but kept stating letters were sent.

 

She also stated they do not make calls to customers. It doesnt say anything in there T+C's whether they do or do not phone customers. They said its not proceedure.

 

What can i do now?

[BRIGADIER2JCS]

Formal Complaint to the CEO )by name marked private and confidential and sent RD.)

 

This does work and gets results!!

 

Brig.

[mr mg zr]

Formal Complaint to the CEO )by name marked private and confidential and sent RD.)

 

This does work and gets results!!

 

Brig.

 

Thank you.

 

What does RD mean? sorry!

 

Thank you for the advice.

 

Is the CEO Andrew Strong?

[wonky100]

Here is a link to the AA's policy booklet. The cancellation clause is on page 13:

 

http://www.theaa.com/insurance/pdf/car-insurance-policy-booklet-october-2011.pdf

 

The complaints procedure is on page 20. For what it's worth I would suggest you comply with the complaints procedure as you won't be able to progress matters beyond AA if you haven't followed this, which would be the FOS (and not FSA as I suggested, but the AA are authorised and regulated by the FSA, so there would be no harm in complaining to them also).

 

In the insurance industry in which I work (not motor), we used to send cancellation notices out recorded delivery but we haven't done this for years. As an insurer we simply email brokers with cancellation notices nowadays. Whether the broker has to send on to the Insured recorded is a question I can't answer.

 

I'd be asking for copies of the letters which they say they have sent to you. Why did they send you 2 letters and so close together? There's no requirement for them to send you 2 letters. Check what address they also hold for you also.

[mr mg zr]

Here is a link to the AA's policy booklet. The cancellation clause is on page 13:

 

http://www.theaa.com/insurance/pdf/car-insurance-policy-booklet-october-2011.pdf

 

The complaints procedure is on page 20. For what it's worth I would suggest you comply with the complaints procedure as you won't be able to progress matters beyond AA if you haven't followed this, which would be the FOS (and not FSA as I suggested, but the AA are authorised and regulated by the FSA, so there would be no harm in complaining to them also).

 

In the insurance industry in which I work (not motor), we used to send cancellation notices out recorded delivery but we haven't done this for years. As an insurer we simply email brokers with cancellation notices nowadays. Whether the broker has to send on to the Insured recorded is a question I can't answer.

 

I'd be asking for copies of the letters which they say they have sent to you. Why did they send you 2 letters and so close together? There's no requirement for them to send you 2 letters. Check what address they also hold for you also.

 

Thank you Wonky.

 

Just been reading this.

 

I dont know whether im wrong in thinking this, but my payment(s) were up to date. As the initial deposit was paid and first installment was on the 1/1/2012.

If im reading it wrong im not sure, but im sure it suggests if payments are up to date then cancellation should not take place. And in my case payments were up to date.

 

Is it wrong for them to send two letters? the address they have is correct, i received all normal post around that time just not there letters which i find strange.

 

they were automated letters, i asked them for proof of them being sent they said there always sent etc.

[BRIGADIER2JCS]

If you make the formal complaint and are not satisfied

with the result then you send a letter before action and

take the complaint to who ever you wish, you can as for

copies of the letters in the complaint letter.

[BRIGADIER2JCS]

Their failure to set up the DD, and then cancelling

the cover is wrong no doubt, and is the base of your

complaint.

[wonky100]

You're reading it right.

 

I don't know what the default notice in your wording says (have had a quick look to see if I can find it online, but need to get some work done!) but if your payments are up to date then there are no reasons to cancel the policy. Do they need to write to you, in accordance with the default notice? Have a look at the wording and see what it says.

 

They can cancel the policy at any other time subject to 7 days written notice to your last known address, ie 1 letter only. Why create work and send 2 letters if they didn't need to!

 

Have they told you verbally that your policy has definately been cancelled due to payment default?

[mr mg zr]

You're reading it right.

 

I don't know what the default notice in your wording says (have had a quick look to see if I can find it online, but need to get some work done!) but if your payments are up to date then there are no reasons to cancel the policy. Do they need to write to you, in accordance with the default notice? Have a look at the wording and see what it says.

 

They can cancel the policy at any other time subject to 7 days written notice to your last known address, ie 1 letter only. Why create work and send 2 letters if they didn't need to!

 

Have they told you verbally that your policy has definately been cancelled due to payment default?

 

Thank you guys for helping..much appreciated.

 

Yea i dont know why they say they sent 2 letters.

Yes they have verbally told me that my policy was cancelled as the DD could not be set-up.

 

They keep saying they did write to me, but they offer no proof but some automated messages on there system.

 

I think the CEO letter must be written and posted.

 

Am i write in thinking they can cancel my policy regarding anything if its a installment policy?

 

Confusing.

[BRIGADIER2JCS]

There will be clauses in the policy and the credit agreement for

the insallments, such as cancellation if you have witheld information,

not reported accidents, have had serious motoring conviction, and

failure to pay an installments, modified the vehicle without notifying them,

it go on for ever.

Get that letter of don't forget RD, Private & Confidential to the named CEO

marked FORMAL COMPLAINT.