HELP forgot to cancel car insurance and now facing court

:mad: Last October (2008) I sold my car to a dealer (and since my insurance only had a month to run ) i didnt inform the insurance company. The policy had been paid in full when it was taken out.


I bought a new car and insured with someone else.


I moved house


8 months later out of the blue I now have a debt recovery company on my back saying i now owe them for this years policy on the car i sold because i did not inform them i wanted to cancel the policy and therefore they continued with the policy for which i now owe them. £164 pounds

I bought the insurance from MARKS and SPENCERS.

I didnt recieve any letters from M and S as i moved house ( student accom)

I have spoken to Marks and Spencers who have explained that it is their policy to renew unless instructed otherwise. As they were unable to contact me they have served a formal debt notice. She told me if a car is sold the owner has a legal duty to inform the insurance company too. However it does not say this on the vehicule docs - does it?!

WHERE DO I STAND? Can anyone help.

Comments

  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Most insurance policies are on auto-renewal these days.
    This means it will continue unless you inform your insurer otherwsie.
    They send you a renewal notice about 30 days before renewal to remind you and it's very clear in bold print what you need to do next.

    Unfortunately because you didn't inform them of your change of address you didn't get the renewal notice.
    She told me if a car is sold the owner has a legal duty to inform the insurance company too. However it does not say this on the vehicule docs - does it?!

    It probably says it in your insurance policy.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ring and speak to a Superviser at M&S Insurance, explain (Politely) the situation and that you sold the car prior to renewal so there was no risk to them. Send proof that you sold the vehicle (Sale receipt etc) and that you were insured elsewhere on another vehicle with another Insurer (Send a copy of the certificate).

    If you do this most Insurers will realise there was no risk of a claim to them and that this was an oversight. They will normally lapse the policy from the renewal and waive all or most of the charges. The key is speaking to the right person at M&S and getting them on your side
  • CaveCash
    CaveCash Posts: 16 Forumite
    Send proof of sale to whomever the underwriter is, also send them proof of cover elsewhere, they should then cancel it back to renewal and no further problems. I had a similar problem, sent the required proof and got it sorted
  • I'm intrigued as to how you provided your proof of no claims if you didnt receive the renewal or have contact with M&S
  • haggle_2
    haggle_2 Posts: 157 Forumite
    Pay the £164 and remove the stress from you life.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • benood
    benood Posts: 1,398 Forumite
    haggle wrote: »
    Pay the £164 and remove the stress from you life.

    Advice doesn't exactly tally with your user name, Haggle, does it?? ;)
  • Armengar
    Armengar Posts: 223 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I'm intrigued as to how you provided your proof of no claims if you didnt receive the renewal or have contact with M&S

    Most online companies dont want to see proof of your no claims when ordering. They typically only ask for it when you claim
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