Natwest Hone Insurance Help Needed!

kimf123

Hi i was wondering if anyone can help. my partner took out home and contents insurance with natwest over a year ago. in august his home got burgled and goods where taken he got a full police report done and they did all of their enquiries in which they where happy with. they have now turned around and adv'd that as he served a prison sentance10 years ago for canniabis he is not insured.he has neve been asked about this otherwise he would have disclosed the information and his conviction was spent after 5 years.

they are still taking his 60 pound a month and have not cancelled the policy, so where do we go from here in getting them to pay out or a rebate of premiums. has anyone got any adv'er letters we can send?

dacouch

How long was the sentence?

When was he convicted?

What month and year did he first take out the Nawt West Policy?

instaunt

kimf123 wrote: »

he has neve been asked about this otherwise he would have disclosed the information and his conviction was spent after 5 years.

If he was never asked about convictions and your policy wording does not state that the insurer needs to be informed about any previous convictions then you will certainly have a case with the ombudsman.

Sadly, my first reaction is that there may have been some skipping through the terms and conditions when the policy was taken out and that if you look closely this will be printed in black and white normally in quite a clear location

It is most certainly a "wiggle-out" clause, but give insurers an inch ...

Note that they also will reject a claim if you have someone with a criminal conviction staying in your house when the damage was caused. Now there's an awkward conversation every time your family come to visit! "Hi, John. Any criminal convictions since we last saw you?"

Quentin

kimf123 wrote: »

they have now turned around and adv'd that as he served a prison sentance10 years ago for canniabis he is not insured.he has neve been asked about this otherwise he would have disclosed the information and his conviction was spent after 5 years.

Your partner has been mislead (or has mislead) by saying his conviction was spent after just 5 years.

No prison sentences are ever spent after just 5 years.

Depending on the length of sentence, the minimum period till a prison sentence is spent is 7 years (for short sentences up to 6 months), then this goes up to 10 years, or if the sentence was over 2.5 years then the sentence is never spent.

Astaroth

Never been convicted of any criminal offence (other than motoring convictions) or have any prosecutions pending.

Natwest wrote:

You and any adult living with you:


Never been convicted of any criminal offence (other than motoring convictions) or have any prosecutions pending.

If it was by telephone then ask them to check the recording to confirm he was asked.

More sounds like a case of not reading what your agreeing to.

kimf123

he was setanced to 9 months on 1/10/1999 he took insurance out 23rd jan 2009

Quentin

So the offence was not spent until October 2009, and should have been declared in JAnuary 2009 when applying for the insurance.

Looks like you have to bite the bullet over this.

huckster

Kimf123

Suggest that you submit a complaint. If the Insurance was arranged by phone, they should have a recording of the call available to them, to see if the conviction disclosure was asked for.

If the policy was arranged online, you should check that their online site has conditions clearly shown about need to disclose non spent convictions.

If the Insurance was arranged via the mortgage advisor, would suggest that you submit a complaint to see how the application process was handled regarding the disclosure of the conviction.

Although technically NatWest are correct that the conviction should have been disclosed as not spend until 10 years, it is worth checking the application process to see if NatWest have made a mistake.

Quentin

If you check the OP you will see some confusion regarding declaring this conviction - the OP says if asked, the partner would have declared the offence, but then goes on to say he says it was spent after 5 years! (So how would he declare it when he claimed it was spent 4 years prior to taking out the policy?)

huckster

Quentin

I was thinking that if NatWest did not mention the word conviction at all, this would not have prompted them to discuss the issue. If they don't ask or cover in the conditions, this would not be compliant with helping the applicant to disclose.

Quentin

When the policy paperwork was originally issued it would confirm the details they held in response to the questions asked. The proposer is asked to check, and report anything amiss!