Can car insurance be retrospectivley cancelled

Quentin

euanT wrote: »

Why would one person with limited assets try to pursue anyone. large insurance company's could do the searching easily.

I was suggesting her course of action.

The insurer always has the policyholder to train their sights on!

vaio

yep, but I'm guessing this is a s151 case in which case the insurer can go after the boyfriend too

dunstonh

I think that's worth a call to the FOS. Whatever you do, don't let the letter out of your sight. Send copies if anyone wants to see it.

Its not worth a call to the FOS. The FOS telephone team are not adjudicators or ombudsman. They are not qualified on these issues either. They nearly always say they would like to look at something even when there is little hope of success and you cant access the FOS anyway until you make a complaint to the insurer and have had their response. The action at this stage is to complain to the insurer and give them a chance to reply. Then go to the FOS if the outcome is not agreeable.

mikey72

dunstonh wrote: »

Its not worth a call to the FOS. The FOS telephone team are not adjudicators or ombudsman. They are not qualified on these issues either. They nearly always say they would like to look at something even when there is little hope of success and you cant access the FOS anyway until you make a complaint to the insurer and have had their response. The action at this stage is to complain to the insurer and give them a chance to reply. Then go to the FOS if the outcome is not agreeable.

The FOS can advise initially, and give advice on how to lay the complaint out. Worth a free call in the morning.

huckster

Quentin wrote: »

They have given her the benefit of the doubt - they didn't cancel her policy, which has saved her a lifetime of hassle and expense!! (A cancelled policy on your history has to be disclosed to all other insurers for ever, meaning you cannot buy off the peg insurance and have to use expensive policies designed for problem clients if you can find them)

Agree, the benefit of the doubt was not cancelling the policy.

This is now really a legal issue, as to whether the Insurers can pursue the policyholder for their outlay, in these circumstances. Why have they waited 2 years to write to the policyholder ? Perhaps they have tried to contact the ex-boyfriend without success.

Suggest that the OP obtains some legal advice asap or if they cannot afford this, that they make a complaint to the Insurers, advising that they would like the FOS to look into the matter.

dacouch

huckster wrote: »

Agree, the benefit of the doubt was not cancelling the policy.

This is now really a legal issue, as to whether the Insurers can pursue the policyholder for their outlay, in these circumstances. Why have they waited 2 years to write to the policyholder ? Perhaps they have tried to contact the ex-boyfriend without success.

Suggest that the OP obtains some legal advice asap or if they cannot afford this, that they make a complaint to the Insurers, advising that they would like the FOS to look into the matter.

£20k claim, sounds like personal injury / injuries involved so may have waited until they had made final settlement before chasing.

Besides [STRIKE]an Elephant never forgets[/STRIKE] Diamonds are forever

Just_Some_Guy

What were the six points for? One does not simply forget six penalty points.

This is going to boil down to two things:

• Should your daughter have verified her ex's driving record before taking out the policy, and
• should her ex have disclosed his driving record as soon as he found out he was going to become a named driver

Might be time to lawyer up

euanT

Daughter spoke to FOS today, they are going to take up a complaint against Diamond on her behalf, as innocent non-disclosure as boyfriend lied to her and insurance Co.
Many thanks for help

euanT

Six points were 2 SP30's

dunstonh

Daughter spoke to FOS today, they are going to take up a complaint against Diamond on her behalf, as innocent non-disclosure as boyfriend lied to her and insurance Co.

Your daughter should have spoken to Diamond really. All the FOS will do is take down some notes and forward them onto Diamond. They dont take up the complaint on her behalf. They just forward it on. That ends the FOS involvement. Diamond will then get a form sent to them containing those notes. Having seen past examples of the quality of third party information taken down, the insurer is unlikely to have all they need to review the complaint or perhaps review it in the way your daughter will want.

Your daughter should check the summary of the complaint that Diamond send out to make sure it is correct and she should be prepared to have to fill in some missing information or even repeat some parts of the complaint that may not have been relayed correctly.