91 Days to State "NO MOT, NO PAYOUT"

leoren

vaio wrote: »

The company have (I think) eight weeks from the receipt of a "official compliant" to respond. Until they have done this the regulator (FOS) won't look at it.

Great point and you're very nearly correct. FOS website advises "It's important that you complain to the business first and give them a chance to look in to your problem. They have 8 weeks to do this. We can help by contacting the business for you, if you would like us to."

So they won't investigate it untill 8 weeks from the complaint, but they will contact the company for you if you want them to. There is nothing to lose by writing to the FOS and FSA and anyone else that has anything to do with regulation of insurance now, other than the cost of the postage. I think it would help the insurance company deal with this more urgently if they are aware you're willing to take this as far as you can.

Further to your comments on "offical complaint"

The FSA defines a complaint as:
‘Any expression of dissatisfaction, whether oral or written, and whether justified or not, from or on behalf of an eligible complainant about the firm’s provision of, or failure to provide, a financial service’.

Insurance is one of many financial services.

FOS is sure to have a definition along the same lines. So don't let any insurance company tell you that a complaint only counts from when you write in.

skiddlydiddly

Did you report the theft of the dump valve(I presume HKS SQV for that price) to the police?There may be a history of thefts from there.

junkimunki

skiddlydiddly wrote: »

Did you report the theft of the dump valve(I presume HKS SQV for that price) to the police?There may be a history of thefts from there.

;)No we didn't inform the police , as we thought that the insurance company would deal with it being as the salvage company are employed by the company [technically] I did however tell my son that it was not up to him to contact the salvage company as he would then be doing Zeniths dirty work for them.
I did however in my letter of complaint state that the FSA does not class having no MOT as grounds for cancelling your insurance , the answer from them was that it specifically stated this condition in their contract so what the FSA state is of no relevance, and that I WAS TO READ THE WORDING THEY HAD HIGHLIGHTED IN THE CONTRACT/POLICY, THE BOMBASTIC LITTLE R****d.

Wig

junkimunki wrote: »

;)No we didn't inform the police , as we thought that the insurance company would deal with it being as the salvage company are employed by the company [technically] I did however tell my son that it was not up to him to contact the salvage company as he would then be doing Zeniths dirty work for them.
I did however in my letter of complaint state that the FSA does not class having no MOT as grounds for cancelling your insurance , the answer from them was that it specifically stated this condition in their contract so what the FSA state is of no relevance, and that I WAS TO READ THE WORDING THEY HAD HIGHLIGHTED IN THE CONTRACT/POLICY, THE BOMBASTIC LITTLE R****d.

You are I presume then asking them for a final answer so that you can proceed to the ombudsman on all matters, including dumpvalve.

vikingaero

Junki,

I would stop getting wound up by Zenith and limit all further communications to letters so that you have proof.

Just follow Zeniths complaints procedure and then escalate it to the FSA.

I would ensure that whoever from Zenith wrote the letters attempting to use their get out clause gets heavily mentioned in my FSA complaint and make a further complaint about them post FSA to state that they need retraining.

davidgmmafan

The complaint goes to FOS (Sinancial Ombudsman Service) not FSA, and yes it doesn't matter how a complaint is made. It is clear from the extracts quoted you have complained and got nowhere, so ask for a final answer, or if thier last letter ie marked as such proceed to Ombudsmen. Even if not if its been over eight weeks since first raised proceed to Ombudsmen.

DCFC79

junkimunki wrote: »

:mad: No I dont think my son has a sainthood status at all, I downloaded the database history of his Mot , to prove 2 things in particular,
A] That since he owned the car he has always diligently kept the car in a "roadworthy condition" as per policy wording and has always kept within the law, whilst driving the vehicle.
B] The history can prove that at every Mot, his vehicle has had a pass at the time of testing, and has not had to return to be retested, which is obviously proof that the car has always been kept in a roadworthy condition, calculations also show from this database that since Sept 08/2006 up to and including the day of his accident the vehicle has only done 14,591 miles in total which is minimal, for the amount of time he has owned it.

anytone tell me what on earth the above has to do with it all,

Wig

DCFC79 wrote: »

anytone tell me what on earth the above has to do with it all,

Does it matter?

I understand it was a reply to previous post. About something she had said she did earlier when she was clutching at straws trying to do something to gather evidence (quite a good idea if you ask me) to use against an insurer who had decided not to pay anything on the claim.

booter

leoren wrote: »

Hi hope I can help a little.

Caps and bold used to try and make this a little easier to follow.

When an insurance contract is formed an insurance broker acts as agent to the insurer (zenith) and insured (your son) at different times and stages of the contract.

When your son called the broker to advise of the lack of MOT, the BROKER is acting as agent for the INSURER, not as agent to your son.That is to say, your son telling the broker about lack of MOT is the same as if he had told the INSURER directly about it. The real gem is that in this scenario the BROKER is the INSURERS appointed agent, which means that the INSURERS MUST ratify what the broker has advised you. More simply, the BROKER has promised something on behalf of the INSURER, the INSURER must honour it regardless of weather they would have made the same promise themselves.

More or less same thing with the salvage yard, they're the INSURERS agent not your. Making their mess the INSURERS problem not yours.

I know this has been quite well covered but I think it could do with repeating:

No MOT = No insurance - this time I am shouting WRONG. EVEN IF IT SAYS SO IN THE POLICYWORDING, SCHEDULE, CERTIFICATE and is signed in virgins blood on a full moon on 29th of February following a blood sacrifice to the insurance gods.

Re breaching their own T&C's, you (not specifically you but Joe public in general) have no chance of being able to follow every if but and maybe of the contract. Thats why there are so many if buts and maybe's. Insurance law is based on who won the last case on the matter and who wins? Well that will be whoever can afford the most expensive lawyer, and who is that normally? The insured (you and me) or the multi national insurance companies? I think it might just be the insurance companies, it also makes it easier for them to win if there are so many if buts and maybes that only a judge can decide if something is or is not covered. It's because of this we have ended up with the FSA.(not that their much help either but thats another topic). So save your sanity, do not try to understand the T&Cs. Act dumb if they refer you to clause this that and the other. If you feel you must address their point say in writing that it's not clear and you want the FSA to take a look. Don't get draw on a tit for tat this paragraph says this and that one says that. Ideally though, take a leaf out of their book and completely ignore what they have said and send a letter advising your complaint has not been resolved and you expect them to advise you of a satisfactory resolution within the next 7 days.

NCD reduced, this is because of they claim that they've not paid. NCD is reduced by the underwriting department and in nearly every insurance company it takes ages for claims to tell underwriting to reinstate it. A quick call to your insurance broker should get it sorted out but ask them to get proof in writing from the insurance company.

Paying for insurance even if there was no cover.....it's not as simple as it seems. Although they were not covering the impreza (sorry if spelling is wrong) if your son had driven someone elses car on the 3rd party driving other vehicles extension on his certificate and had an accident, his insurance company would have to pay out for any 3rd party person injury claims. I'm not saying this is how it should be, or that he used the cover but this will be one of the excuses they use for continuing to take payments.

Next steps:

Data protection act requests for information
Someone made and earlier suggestion to put in a data protection request to the insurer. It's a great idea but don't stop there. Do the same to the broker as well and anyone else you think might have information you can use. Salvage company maybe? Recovery low loader company as this might be different. Recovery company should have given you son a sheet showing where the damage to his car was. If he still has copy great - keep it safe but if not get a copy through dpa request to low loader truck people.

Complain to everyone
You can use the same letter more of less, just change who it's addressed to. Put in the letter your complaint, what you expect them to do about it and by when you expect them to do it. Send them all recorded delivery so you have proof of when they received it. You have lots to complain about but in your position I would keep the financial issues (decision not to pay and theft of parts) separate from all the other issues you have had. This way you should get a faster resolution to this part. Bulk it in with the time taken, poor communication ect ect and they will need to investigate it all before giving you their final response.
My hit list for who to send complaints to (a separate letter to each even if their in the same office in the same building):
Chief Executive Officer (CEO) of insurance company - you should be able to get this from their website. Address it to them by name and mark it PRIVATE and CONFIDENTIAL, that way it might get to them before some lacky opens it.
Chief Claims Officer (CCO) of insurance company - as above
Chief Underwriting Officer (CUO) of insurance company - as above
Chief Financial Officer (CFO) of insurance company - as above
Chief Operating Officer (COO) of insurance company - as above
Chief Marketing Officer - as above
Anyone else on their website that you think might get things moving.

Same to the brokers advising them that as they are Zeniths agent you expect them to sort this out. Once again send it to the top man. If they're a chain of brokers send complaint to head office and local branch.

Next the regulators:
Write to them, they all have websites. Phone numbers given on those I have to hand.
The Financial Ombudsman (FOS) 0845 080 1800
Financial Services Authority (FSA) (+44) 20 7066 1000
Any industry body the broker is a member of. Most likely ABI 020 7600 3333 or BIBA 0844 77 00 266. It normally showes on the brokers headed paper which they are a member of.

Dont wait for the broker and/or insurance company to come back to you. Write to the big boys now and tell the insurer and broker that you are doing so.

Follow up everything in writing and keep copies of everything
Lastly keep a log of every call you make, every person you talk to and get names and phone numbers. Follow up every call with a letter or at very least an email saying "my understanding of my telephone conversation with xxxx at time date is ......... if I have misunderstood any point please advise me in writing within the next 7 days clarifying the issue. ........"

Sorry this is such a long post but I hope it helps. Please forgive any poor spelling, grammar or punctuation I'm tired but still wanted to help.

Lastly, I'm not someone who has "apparently" heard any of this. I have an insurance related qualification, have been an underwriter and claims handler in general insurance and more recently work in the audit team of a very large multinational insurance company. So if someone better qualified wants to come shoot me down in flames go ahead, but if their knowledge is just from some "bloke in the pub" don't waste mine or anyone elses time.

Love to you all BOYRACERS and SUNDAY DRIVERS alike x

Wow - brilliant! Clear, concise, comprehensive - well done you! (To all the trolls, no I'm not being sarcastic).

dacouch

booter wrote: »

Wow - brilliant! Clear, concise, comprehensive - well done you! (To all the trolls, no I'm not being sarcastic).

But not necessarily the best way for the customer to get a result.