Gap Insurance - Breach of contract/Negligence

I purchased a car from Audi in 2006 with this purchase I was also sold a Gap Return to invoice policy. I paid for this in full which covers me for my vehicle should it be deemed a total loss within three years.
The policy pays out the difference between what your motor policy pays out and the original invoice value.
In 2009 my car was written off when it was struck by another car, I claimed off my motor insurance policy and also proceeded to claim off the Gap policy. I contacted Audi Chingford and they gave me details of a company called JD Concepts, they took all the relevant documentation from me. I waited a few weeks heard nothing so I called them, they informed me that I need to contact Prospect Legal who administer the policies on behalf of Haven Insurance Ltd (Underwriter). I then recieve a letter stating that they have never recieved the premium I paid to Audi and have never been requested to place my vehicle on risk. I am extemely angry:mad: as this is a potential 20k loss for me. I have approached Audi and have been informed that they did what they had to and they have been quoted about insurance risk transfer:confused:. I am confused as how to approach this, I have placed a complaint with FOS regards to Haven Insurance over 6 weeks ago but Haven have not even had the decensy to call me to discuss the issues. In my opinion this should be an issue that should be placed with the party at the point of sale AUDI....................Any lawyers or insurance experts out there that can advise it would be most appreciated.....Thanks

Comments

  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who did you pay the premium for the Gap Insurance to?

    What is the name of the company you paid the premium to (So that we can check their FSA status)?

    What are the company you paid the premium to proposing to do about the problem?

    Were you given any paper work acknowledging the Gap Cover eg receipt or policy documents?
  • Paid premium directly to Audi Chingford

    Again Audi Chingford but the validation cert states Insure online

    Nothing! No reply or guidance from them

    Got a invoice that I paid for it and validation certificate detailing the coverage

    Thanks mate;)
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who is the invoice actually from?

    Does the invoice make any mention of FSA authorisation on the invoice and if so who and any authorisation number?
  • The invoice is from Audi Chingford. The invoice is a sales invoice
    for the car and it list the payment for the Gap policy. The other
    document is the verification certificate supplied by Audi Chingford
    this doc has been printed off the internet. On the invoice there are no
    details of any Fsa numbers. If you want to do any search then try Insure online, Audi or Audi chingford or Hodgson automotive ltd who are the franchise owners. Haven insurance r also the underwriters.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My first impression would be you have paid Audi Chingford the premium, it is their problem if they have not passed the premium on to the Insurers. Most companies that deal with Insurance must have professional indemnity insurance which covers mistakes like this (I've heard of this happening with car dealers surprisingly often).

    I would suggest you push Audi Chingford and get them to confirm in writing the situation eg them saying you are not covered. Once you get this letter come back on here so we can review the situation. (The next move will probably be a call to the FSA and then perhaps the threatening of legal action and possible court action).

    If Audi chingford do not supply you with a letter, write a letter to the registered address titled "Official Complaint" to Paul Gathercole at the address in the link http://www.fsa.gov.uk/register/firmBasicDetails.do?sid=130942
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