Expired MOT Help...

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Hiall,

Ihave read through the various threads about expired MOT and claims with great interest and would like some pointersplease.

Ourcar was stolen last week off the drive, whilst we were all asleep in the house.

Thecar was recovered within 24 hours with very little cosmetic damage.


However, wecalled the insurance company, on the day it was stolen, to let them know. Theycalled back to tell us the MOT had expired about 4 weeks earlier and thereforewe cannot claim on the policy.

Theyalso wrote out separately to state that they are cancelling our cover as we didnot have a valid MOT.

Nowthat we have the car back, we have had it MOT'd and it has passed. We do notwant to make a claim but want the insurance company to continue with the cover,however, they are refusing.

Dothey have grounds to refuse the cover and cancel the policy based on not havingan MOT?

Theirterms actually state:

underexclusions:

27.Loss or damage if at the time of an incident, regardless of type, be thataccident, Fire, malicious damage or Theft, Your Car is

usedin an unsafe or unroadworthy condition or, where such regulations require, doesnot have a current M.O.T certificate

(Youmay be asked to provide details to show that Your Car was regularly maintainedand kept in a good condition).

andunder cancelling our policy it states:

d.Where You do not take care of Your Car as required in the General ConditionsApplying to the Whole Policy, Section 4 - Care of Your Car.

Careof your car states:

YourCar must be covered by a valid Department of Transport Test (MOT) Certificateif You need one by law. You must do all You can to protect Your Car andcontents and keep Your Car in a safe and roadworthy condition

d.Ensuring You have a valid Department for Transport Test Certificate (MOT) forYour Car if one is needed by law.


anyhelp is greatly appreciated....





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Comments

  • csgohan4
    csgohan4 Posts: 10,587 Forumite
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    seems the T+C are quite clear in terms of you not having a valid MOT.

    You now have to declare a cancelled insurance whenever you buy insurance and it will be much more difficult to find cover or cheap cover.

    Learn from this expensive mistake and put it in your diary every year for the MOT.
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Mungo76
    Mungo76 Posts: 77 Forumite
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    Cancellation on this basis is harsh, unless you've taken the policy out within the period it was expired in, If let's say you took it out in December and the MOT ran out in January, it's a mistake.
  • keyboard_warrior
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    csgohan4 wrote: »
    seems the T+C are quite clear in terms of you not having a valid MOT.

    You now have to declare a cancelled insurance whenever you buy insurance and it will be much more difficult to find cover or cheap cover.

    Learn from this expensive mistake and put it in your diary every year for the MOT.


    it seems that, if for example, the car was written off and we would have been able to make a claim and even if the ins co refused, FOS would have upheld a complaint in our favour and they would have to pay out....


    if this is the case for a claim, then why would it not apply in my case?
  • keyboard_warrior
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    Mungo76 wrote: »
    Cancellation on this basis is harsh, unless you've taken the policy out within the period it was expired in, If let's say you took it out in December and the MOT ran out in January, it's a mistake.

    it does seem a very harsh stance to take. I hope they reconsider.


    The policy is due to expire in about 6 weeks in any case. It is my partners first car and it was a genuine oversight. She will lose her first years' no claims bonus too.


    I just hope it's not too expensive going forward....
    does anyone know for how long we will have to keep informing insurance companies that we have had a cancelled policy i.e. how long is this record held on the insurance database?
  • Quentin
    Quentin Posts: 40,405 Forumite
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    You look to have good grounds to complain that the condition they are relying on to cancel your policy is unfair.


    Make a formal complaint and if the reply is unsatisfactory (or your complaint is ignored for 8 weeks) you can escalate to the FOS for their adjudication at no cost to you


    Having a cancelled policy like this on your record is bad news and must be disclosed to all other insurers you approach for cover, so well worth doing everything you can to get it reversed.
  • Quentin
    Quentin Posts: 40,405 Forumite
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    does anyone know for how long we will have to keep informing insurance companies that we have had a cancelled policy i.e. how long is this record held on the insurance database?
    When applying for cover, most insurers ask if you have "ever" had a policy cancelled.


    You need to answer the question truthfully, and this will impact on the number of insurers prepared to quote.


    If you hit difficulty getting cover try a local broker (not Swinton) and see if they can help with insurers prepared to accept applicants with this on their record
  • keyboard_warrior
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    Quentin wrote: »
    You look to have good grounds to complain that the condition they are relying on to cancel your policy is unfair.


    Make a formal complaint and if the reply is unsatisfactory (or your complaint is ignored for 8 weeks) you can escalate to the FOS for their adjudication at no cost to you


    Having a cancelled policy like this on your record is bad news and must be disclosed to all other insurers you approach for cover, so well worth doing everything you can to get it reversed.

    Thanks Quentin. From talking to them it seems as though they offer no sympathy and are sticking by their rule book. I have made a formal written complaint today and will await their response.


    In any case, as the policy will expire tomorrow it seems as though I will now have to try and find some cover elsewhere and if this cancellation gets turned around will have to try and unwind the new policy and start again. What a headache! Just what we need after being burgled by some scumbags!
  • forgotmyname
    forgotmyname Posts: 32,552 Forumite
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    If you dont sort insurance quickly make sure you SORN the car.

    No tax OR no insurance = it must be SORNd, DVLA like sending bills to people that do not SORN their cars when the insurance expires.
    Censorship Reigns Supreme in Troll City...

  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
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    Quentin wrote: »
    When applying for cover, most insurers ask if you have "ever" had a policy cancelled.


    You need to answer the question truthfully, and this will impact on the number of insurers prepared to quote.


    If you hit difficulty getting cover try a local broker (not Swinton) and see if they can help with insurers prepared to accept applicants with this on their record


    I know we've had this debate before, but hasn't this question been declared unfair, or something like that? The cancellation blacklist records are kept for five years, I think.
  • keyboard_warrior
    Options
    If you dont sort insurance quickly make sure you SORN the car.

    No tax OR no insurance = it must be SORNd, DVLA like sending bills to people that do not SORN their cars when the insurance expires.



    Good point. Thanks.


    Does anyone know if we have to put down the fact the we have had a theft even though no claim has been made, when obtaining quotes?
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