Is this bullying/harassment?

Sarah_H_3

I'm seeking advice about a situation involving a very nasty letter from Direct Line insurance.
We had to make a claim for an accident in August 2009 from our previous insurer, Swiftcover; they were such a nightmare to deal with that we left them 7 months ago, but since repairs had been completed and the excess paid on our fully comp. policy months about 11 months ago, had thought the matter was over. So it was a huge shock when 2 days ago, my husband had to sign for what turned out to be a 'Final Notice' from Direct Line on behalf of their client, saying that if payment for an outstanding £206 wasn't received within 14 days of the letter date (which had already taken 2 days to reach us), proceedings would be issued in HIS name for non-payment (which would then include costs and interest). It said that he should contact our insurers to resolve this, to avoid litigation. I contacted to them first thing yesterday for an explanation, and was told it was 'standard procedure', and it was a copy of a letter sent to our insurance company, and that if it went to court, my husband would have a black mark against HIS name! So I contacted Swiftcover, who have subsequently e-mailed to confirm that payment has now been made and apologising for the distress this situation caused.
Our questions are: Why was this 'Final Notice' sent to us, and without ANY prior contact? Why would it have resulted in my husband having a black mark against him for a situation between insurance companies? And do we have grounds to complain about Direct Line treatment of us in this?

Dangermac

Sarah_H wrote: »

I'm seeking advice about a situation involving a very nasty letter from Direct Line insurance.
We had to make a claim for an accident in August 2009 from our previous insurer, Swiftcover; they were such a nightmare to deal with that we left them 7 months ago, but since repairs had been completed and the excess paid on our fully comp. policy months about 11 months ago, had thought the matter was over. So it was a huge shock when 2 days ago, my husband had to sign for what turned out to be a 'Final Notice' from Direct Line on behalf of their client, saying that if payment for an outstanding £206 wasn't received within 14 days of the letter date (which had already taken 2 days to reach us), proceedings would be issued in HIS name for non-payment (which would then include costs and interest). It said that he should contact our insurers to resolve this, to avoid litigation. I contacted to them first thing yesterday for an explanation, and was told it was 'standard procedure', and it was a copy of a letter sent to our insurance company, and that if it went to court, my husband would have a black mark against HIS name! So I contacted Swiftcover, who have subsequently e-mailed to confirm that payment has now been made and apologising for the distress this situation caused.
Our questions are: Why was this 'Final Notice' sent to us, and without ANY prior contact? Why would it have resulted in my husband having a black mark against him for a situation between insurance companies? And do we have grounds to complain about Direct Line treatment of us in this?

If Direct Line are the 3rd party insurer, I cant see what complaint you would have against them (except that their letter was a bit brusk)

Under the RTA (Road Traffic Act) and by law, the 3rd party has to make a claim against the driver, hence the reason that Direct Line have sent this letter to you, demending payment. Presumably, Swiftcover havent paid up in time.

In summary, get Swiftcover to deal with it. Make sure that the matter has been dealt with (call Swiftcover periodically, if need be).

If Swiftcover dont pay up, then it is possible that you will be purused through the courts. Unlikely that this will happen though.

DM

eddddy

As Dangermac says, it sounds like it's Swiftcover you should be angry with, not Direct Line.

I assume that your husband was at fault in the accident in 2009. So your husband is responsible for making good the losses of the other driver - e.g. car repairs etc.

In effect, your husband asked Swiftcover to deal with it on his behalf, including paying the compensation. It sounds like Swiftcover didn't do this in a timely fashion.

So ultimately Direct Line have come back to your husband for the money that your husband owes to the other driver.

It sound like it's sorted now. But if it's not, I would be tempted to apologise to Direct Line for the appalling behaviour of your insurer, and assure them that you are doing everything you can to make Switcover get a move on.

If you eventually suffer any losses as a result of Swiftcover's poor performance, you can consider claiming it back from Swiftcover.

Sarah_H_3

Thank you for the advice - it's greatly appreciated. I was already annoyed with Swiftcover, which was why we ditched them at the earliest opportunity, and am even more upset with them for putting us in this position. It would have been easier to stomach (and less of a shock!) though if there had been ANY indication previously from either insurance company that there was a problem/delay. How can anyone hope to resolve a situation they know nothing about, especially if the outcome might be something like a CCJ?!

Unfortunately, the letter was more than a bit brusk, it was nasty. This was understandable if the addressee was Swiftcover themselves - however, what we received was issued directly to my husband. The person I spoke to at Direct Line said that it was in fact our copy of a letter sent to Swiftcover, so that being the case, it should have been clearly worded that way and/or issued along with a covering letter explaining the circumstances. Imagine if a letter like that had appeared out of the blue to someone elderly or with a heart problem! It was bad enough getting it when heavily pregnant!

Quentin

You should concentrate all your venom on Swiftcover!

The letter was a standard "letter before action" - you were given the courtesy of that rather than them just going straight to court.

If you were the innocent party waiting all this time for your money off a negligent third party who had caused you expense you'd take an entirely different view,

Failing to pay up till legal action was threatened is all down to your insurer!