What do I do next to get my excess back?

jobbingmusician

Quick story - hit whilst stationary by lorry forcing his way through a gap. Claim made through Moron Than. They were totally hopeless at responding to any written correspondence, and their Indian call centre is beyond a joke. Accident was on Sept 7th.

Two months (!!!) after the accident I managed to get the repair authorised, they said I'd have to pay my excess of £350. :eek: They said that they would not help me reclaim this as I don't have insurance for legal.

They have now sent my renewal notice which confirms that the accident has been recorded as no fault. However, they simply won't reply to my letters asking for the lorry driver's insurance so I can pursue my excess myself.

What do I do next? Financial ombudsman on the basis that they never answer any correspondence? Small claims on the basis that they are preventing me recovering my excess?

All help welcomed - TIA

Savvy_Sue

Complaints procedure? I think you have to use that before you can go to the ombudsman.

Justicia

As Savvy_Sue stated, you need to have exhausted the complaints procedure before you can pursue an application through the Financial Ombudsman Service, but to me that means writing a final, formal letter to More Than requesting the information that you require, advising them that you will be seeking the advice of the FOS if they do not supply the information within 14 days (or whatever you feel necessary) and to also send you details of their complaints procedure, thus satisfying the criteria. Make sure to keep a copy of the letter and I would also advise that you send it by a method with a confirmation of receipt.

Quite simply, the mention of the Ombudsman may inspire them to be more cooperative with you or it may go ignored like you state that the rest of your letters have. If they do this, once the 14 days are up get the form sent to the FOS, detailing their continued cooperation (obviously start filling the FOS application form out in advance so that it can be sent straight away).

jobbingmusician

Thank you!

I think I have more or less exhausted the complaints procedure. I wrote to them on 4th Nov - they did send a reply to this one, although it did not give the insurance details I requested, and they sent me a copy of their complaints procedure. Their reply said that if they didn't hear from me in the next 8 weeks they would consider the complaint resolved (!!!!) I then wrote again on 8th December repeating my request for info. No reply whatsoever. I followed this up with an email on 29th Dec requesting immediate acknowledgement of delivery of the 8th Dec letter, or a reply by 6th Jan. Nothing.

So I've done everything but mention the FOS. OK, new letter on its way......:)

Justicia

In that case, mate, I would agree that you do indeed appear to have exhausted their "complaints procedure!!"

Please keep us updated with any progress

Even though I have threatened pursuit through the Ombudsman (it worked in my favour), I haven't had to go through with it, so it would be interesting to know what happens

SPENCER

My friend's having similar problem with Churchill ins. His accident was last july, his car has been repaired but he's still waiting for a refund on his excess. He has an independent witness but his ins co don't bother to chase up the other driver's ins co who ignore the correspondence.

Churchill have been B*oody useless. One lesson we have both learnt is never to insure with either of these companies again.

Justicia

SPENCER wrote:

My friend's having similar problem with Churchill ins. His accident was last july, his car has been repaired but he's still waiting for a refund on his excess. He has an independent witness but his ins co don't bother to chase up the other driver's ins co who ignore the correspondence.

Churchill have been B*oody useless. One lesson we have both learnt is never to insure with either of these companies again.

Is he also pursuing it through their complaints procedure, Spencer?

SPENCER

No he hasn't but he is about to. He wrote a letter and sent it recorded delivery and they did not even bother to respond. He will go through the complaints procedure and threaten them with the ombudsman.

The problem appears to be that the staff just cannot be bothered. He has used Churchill before and some of my friends have and had pretty good service. Seems to have gone down hill since they were taken over by the Royal Bank of Scotland.

nadnad

go to a solicitor - assuming you have the other driver's registration - they will be able to trace this - in fact if you go to the police they should be able to give you the insurance details (for a small fee - about £3). then depending which way you go chase the insurance company yourself or get a solicitor to do it - they will get their fee paid by the insurance company.

jobbingmusician

I wrote to Moron Than again, stating that if no reply was rec'd by 20th I would go to the ombudsman. Sent it by email and post, and got an automated reply by email (so they can't claim they didn't get it )

No other response - WHAT a surprise.

Sent form off to ombudsman today - will keep you informed!

Thanks for your suggestion, nadnad, but I've asked the Ombudsman to rule that Moron should give me my excess, since they have prevented me from reclaiming it (have only just seen your post, in fact!)

jobbingmusician

Got a letter from Royal and Sun Alliance today. (Well outside the generous timescale I had given for reply, and shortly after I had written to the Ombudsman - what a surprise! )

It contains the details I need of the other driver's insurance so I can pursue the excess. It also promises me that £100 is on its way to help restore my faith in More Than.... :rotfl: