Insurance broker and insurers relationship

[burnsbird]

Hi, I have recurring menatl health problems, and during an earlier episode, was co-erced into starting a haulage business, which enatiled obatining insurance for the lorries.The Broker obatined insurance and a loan for the balance of the insurance, i paid 25% of the annual premium as a deposit.

 

Jan 2003 - I had to cancel within 2 months...then had a breakdown.

 

Loan company took me to court for a sum ...didnt know why, and was unable to defend myself.They got a CCJ, and a charging order on my home, I was bereaved and had no one to help me.

 

I recovered in about a year, to find the Broker dissapeared, so no redress there -I thought there was nothing I could do.

 

Am in recovery for another breakdown, but this time got good treatment and can think straight , so have been writing to all concerned to try and understand what happened.

 

Broker was sold to Swinton, but they didnt buy their liabilites.

 

Insurers HIghway - sent me proof of refunds issued to the broker (before the swithc to swinton)

 

Loan company say that the Brokers didnt issue the refund money to them , thats why they got the CCJ for £2.6K on me. this is now £4.5k with interest.

 

Bit by bit over the last 2 years i have obtained info' to clarify what went on, and i see that a loan of £4K, was sent to the insurer on my account,( in addition to those i signed up to) but I never signed any agreement for it...interestingly the loan co. havent chased me for that.

 

I have established that the agreements were created in a way that gave the company a financial benefit, but am out of time to challenge

 

so here is my question.

 

Can i use this new information in any way to leverage with the loan co to write of my debt.

 

..I have provided them with a statement of means, I doubt anyone will employ me after the latest

breakdown (3 years) and i am 58, so pleanty of younger purchasing proffessionals out there!

 

i know its statute barred, but as they continue to answer my letters, i feel there may be room to negotiate...but I have no lump sum to offer a lower sum to finish it off.

 

I know I may have a chance of applying for a set aside due to my mental health issues,has any one here been succesful in this after so long?

I dont know if i could cope with a court room, though, i have tried to get a litigants freind, but failed there.

My partner works, but he dosent earn much so we wont be able to get legal aid.

 

yes its convoluted, and taken me many years to understand what happened..

 

Any ideas would be welcomed!!!

 

Suzannah

[unclebulgaria67]

You won't be able to get a set aside, as you have to make the application 'promptly' upon finding out about the judgement. I have heard of set asides being rejected 6 months after judgement.

 

What the Broker did was fairly standard. i.e they would have required a credit agreement to be signed to take up finance to pay for the premium. What is not clear is why the Broker did not give any refund to the loan company. This might be because the full annual premium would have be payable, even though the policy was cancelled after 2 months. On many business Insurances, you have to pay for the full years Insurance. I am not sure about the paperwork between Highway and the brokers. Perhap you should get definite confirmation in writing from Highway that a refund was due and who they paid this to.

 

I think you need to get hold of the court paperwork and then to seek a solicitors opinion. There may be a way of dealing with the debt.

 

I am thinking that this loan company by providing finance is actually jointly responsible for the Brokers error in not passing the refund on. ( A three way contract) I am not sure about the limitations act and whether this may stop you taking action against the loan company. You may be too late.

[burnsbird]

I recently obtained a set aside on another matter dated from the same period, so I know its technicaaly possible due to my mental stuff.

I did write to the loan comapany , and they denied there was any liability on them in regard to their relationship with the broker....

I have proof of the refunds made from the insurer to the broker, it was several thousand pounds.More than enough to pay the loan, and give me some back too.

i have the court paperwork...cant afford a solictor.

Limitations act says that time dosent run until you know about the error, so its a thin defense..

Do you have any thought upon the "mystery £4k, "that shows refunded by the insurers, but the loan company havent chased me for ?

 

Thanks, feel better just for sharing this

Edited November 13, 2012 by burnsbird
lousy spelling

[unclebulgaria67]

My understanding is that the loan company would have to accept issues with the brokers under the consumer credit act. You would have to take the loan company to court and get the CCJ set aside, with a further action for them to refund you the balance.

 

I think this thread needs to be moved to the legal issues folder, so will notify the site team.

[ims21]

Thread moved to Legal forum

[unclebulgaria67]

Bump.

 

Any other opinion on this.