Motonovo asking for full settlement due to policy holder not being insured on the vehicle

[Loisgriffiths]

Hi all,

 

I was wondering if anyone can give me some advice,

 

my dad took finance out with a company called Motonovo finance in July 2015

 

he paid £500 pound deposit and paid a double payment the month after taking the finance out with Motonovo.

 

All payments have been on time and are up to date the payments get payed 21st of every month.

 

Last month December 2015 my dad was working and has his own van which he is fully comp on, I was in the middle of moving house so he said I could lend his car to help me out doing me a favour.

 

I insured the car in my name on the Friday 10th December 10am.

Two days later on Sunday night at midnight I got stopped by police for no insurance

 

I advised the police I had insured the car on Friday and phoned my mum who confirmed to police I had took the insurance out on the day I had said.

 

The car was filled with all my belongings as I was in the middle of moving house.

 

I begged for them to let me go in the following morning with the proof but they dismissed what I had said and compounded the car

 

As you can imagine I was really upset a week or so before Christmas an also as the car was filled with all my stuff and I had done nothing wrong

 

. I was crying so my brother rang the police and made a complaint about the police as they was very intimating towards me when I was stopped

 

it was pitch black and they had pressed the panick button

all police came from no where

there wasn't any female offices there just all male cracking joke and laughing whiles I was crying I got treated disguising a young female on my own.

 

The following morning I rang my insurance and they confirmed I was insured and informed me that it was harsh what had happened as police know it can take up to 7 days to show on the police data base.

 

My policy got sent to me by email and I had printed it out to take to the police to show them I was insured,

 

I then rang the police and they said take it up with Motonovo we haven't got the car no more

 

my dad then rang moto novo who said the police had the car and had been in touch with Motonovo to inform them I had been the police station and could not provide the documents I needed to so not to release the car to us

 

we was confused with this as we had been told not to bother going the police station as they never had the car.

 

I then sent the proof over to Motonovo showing the car was insured at the time it was taken from police.

 

We got told to take it up with the police

this went on for days and days

police refused to release the car even though Motonovo didn't have a problem with the car being released at this time.

 

Motonovo recovered the car

we then spoke to the manger in the recoveries at Motonovo who said if we could get the police to confirm the car was insured they would release the car either though the proof had been sent to show it was he wanted the police to confirm.

 

I then went on to get in touch with the police man who had took the car who confirmed to me he had looked it up and the car was insured and legal to be on the road at the time it was taken, he refused to put it in wrighting but said he was speak to Motonovo direct.

 

I then rang moto novo who then said they want full settlement due to the terms and conditions being broke because my dad wasn't on the insurance policy

 

they took another payment on the 21st of December all payments have been on time and they have had a payment whiles having the car.

 

The car should never of been took in the first place

also there are no missing psyments on the account

but they are refusing to release the car

 

I think this is completely unfair on my dad he's a honest hard working man who had provided for his family all his life

 

, they are saying they will sell the car at auction then he will have to pay whatever remains so not only has the car been took unfairly and payments are up to date he will be in debt with them.

 

if anyone has any information on what we can do thatvwould be grate

 

thank you for reading this and I look forward to hearing back

 

sorry if there is any spelling mistakes also in advance

 

ha thanks again, Lois.

[dx100uk]

Send them the ins policy that shows he is insured to driver the car?

 

There were two policies...so what..doesnt matter to moto

 

Else write or email the ceo

 

Dx

[theoldrouge]

As dx says, formal complaint to the ceo, enclosing the proof of insurance , in view of the timescale best by email

 

As regards the police treatment of the matter

 

https://www.ipcc.gov.uk/complaints

[JoeyJoeC]

I'm pretty sure it is illegal to have more than one insurance policy on a car, and most likely against the terms of the insurance also.

[theoldrouge]

Possibly, were you added to your fathers policy or did you start a new policy

Did you have existing insurance on a car of your own

 

What does the finance agreement say as to your fathers use of the vehicle

 

However really you have tried to do the correct thing, common sense should prevail

[Loisgriffiths]

Thanks for replying,,,

I was the only one on the insurance for the car what's on finance.

 

My dad has insurance on his van fully comp and is insured to drive any car

but because he wasn't on the policy for the car

he has the finance with there saying he's broke clurs 6.1.9 of the agreement.

 

The car should of not been took by police in the first place

and payments have been spot on

 

I can't get my head around how they can do this..

 

However I am looking at my dads paper work now and I can't fine the clause 6.1.9 stated on his paperwork

 

Thanks for replying,,,

I was the only one on the insurance for the car what's on finance.

 

My dad has insurance on his van fully comp and is insured to drive any car

but because he wasn't on the policy for the car

he has the finance with there saying he's broke clurs 6.1.9 of the agreement.

 

The car should of not been took by police in the first place

and payments have been spot on

 

I can't get my head around how they can do this..

[theoldrouge]

the police matter can be subject to complaint as above but that is not the urgent issue

but what you need to concentrate on are motonovo

 

Technically what they are saying may well be correct, in order to protect their asset, he should have had a specific policy, but this is was obv iously unintentional

 

If possible please post up a copy of the agreement minus personal details

How much was the total agreement, and how much has been paid to date inc the deposit

 

have motonovo issued a default notice

[SeanG79]

The main problem you will find with Motonovo is that the vehicle wasn't insured by your father. Even if he had been driving the vehicle and the police seized the car, Motonovo would look to repossess if they took the car from the impound.

 

Car finance companies almost always include an insurance clause in their T&C's, they insist the vehicle is insured fully comprehensive.

 

What would have happened if the car was stolen or caught fire, it would not have been insured. If he had a fleet policy covering all his vehicles, that would suffice, alternatively the specific vehicle would need to be included on his policy. If the only insurance on the vehicle was in your name, with your dad not mentioned on the insurance, then this would be a breach of terms as it would suggest your dad had financed the car on your behalf, which would be considered accommodation/fronting.

 

Probably not what you wanted to hear, but Motonovo are not likely to be very helpful.