Insurance excess increased

pooch

Gavin_C wrote: »

Today I have received a response from the FOS :T

Unfortunately it justs seems to add a further 2 month delay

Essentially the response says that the business concerned needs to sort this out and they have sent a copy of my compliant to the business concerned who now have a further 8 weeks to respond to me.
They have sent back all the documentation I originally sent the FOS, including the fully completed complaint form (now date stamped 19 Nov 2012) and a copy of my original letter of complaint sent to the business dated 22 September 2012.

The FOS finish off their response saying "We will take no further action unless you contact us again"

What is the point of the FOS? Shouldn't they be proactive in now getting me a resolution? I could be at risk for 5 months of the 12 month cover I purchased, and even then there is no guarantee the business will resolve this issue (they haven't done anything in the 3 months since I first alerted them to the issue)

That's strange ... and doesn't seem correct at all.

I suspect either (or both) of the following may have occurred:

1. The FOS didn't realise you had already complained to the company concerned and so have forwarded your complaint to the company to address. (They say they won't address complaints themselves unless the company has already been given the complaint and either not resolved it in 8 weeks or issued a deadlock letter)

2. The FOS are simply trying to clear their desks of complaints ready to start afreash after the Christmas break.


I would suggest you send the complaint back to the FOS immediately and ask them to propose a suitable, and real, resolution (not one that simply says you need to sort it out direct with the company)


Good luck! Keep us posted as to how you get on.

olly300

pooch wrote: »

That's strange ... and doesn't seem correct at all.

It's not strange at all, and the fact that it is Christmas should make no difference as my complaint with CIS was sent around the same time to the FOS the year before, and was resolved in the New Year.

From my dealings with regulators and organisations if you don't do things in a standard way then, the other party has to be given the benefit of the doubt by the regulator.

So the fact that the letter wasn't sent by recorded delivery and there was only one letter sent to the broker makes it very easy for the broker to deny receiving your complaint. Even though there may be a phone recording of the complaint lots of organisations don't keep them for a long time once they have made notes from them.

A few of the regulators make it very clear that if your complaint letters aren't sent by recorded delivery they will not entertain your complaint. Luckily the FOS isn't so blunt.

On Monday the OP should phone:
1. Phone the FOS and ask why the complaint was sent back, that he did make an actual complaint to the broker more than once and what he should do next, and,
2. Phone the broker and ask if they have received his complaint from the FOS.

The reason to phone the broker again is when I had an issue with eCar they actually dealt with my complaint very quickly when they realised they couldn't wiggle out of admitting they had received it.

He needs to make detailed notes during both conversations.

Gavin_C

I have now spoken with the FOS

They first claimed that the reason for returning the claim to me and giving the company a further 8 weeks to resolve it was that they claimed I wrote to the wrong address.
The address they had was a nearby office. I pointed out to the FOS that the address I wrote to was the address given by the supplier on their website to send written complaints to.

When they conceded this fact, they then suggested that they needed to give the supplier 8 more weeks as they supplier will just deny receiving any complaint in the first instance. I pointed out I had called them to complain. They said that whilst they didn't dispute that, it would be easy for the company to deny I had. So I then pointed out I have a phone record that I made the call and that I was informed it was being recorded, so they should supply that record.

I also pointed out that I had written to the company to confirm the phone call and the complaint. They said the company will probably deny ever having received that too.

So I asked is this normal and what a judge may make of all this, based on the balance of probabilities.

So the FOS finally agreed to raise this as a formal complaint, and that the company would now face costs as a result, so hopefully the company will now respond.

But the FOS also said that motor insurance complaints are the second most highly complained about issue that the FOS deal with (after PPI and other banking claims), so I would go in the queue and a response should be forthcoming from the adjudicator in about 6 months time.

As I pointed out, lets hope this is resolved before the insurance cover expires!

Gavin_C

forgotmyname wrote: »

You seemed too eager to take it to the FOS.

You should give them more time. As above a recorded delivery letter worded official complaint. Was the original letter marked as such?

If you get no response from that then take it to the FOS. Stating that they have now not responded to 2 complaints.

I'm not sure if you have read all my posts in this thread, but I have made 2 complaints already about this; the first was a telephone call, the second was in writing.

Gavin_C

olly300 wrote: »

Even though there may be a phone recording of the complaint lots of organisations don't keep them for a long time once they have made notes from them.

If they have notes on file of my complaint, then they don't need the recording

olly300 wrote: »

A few of the regulators make it very clear that if your complaint letters aren't sent by recorded delivery they will not entertain your complaint. Luckily the FOS isn't so blunt.

I don't know of any ombudsman service that insists on a letter of complaint to a service provider needs to be sent using recorded delivery.

Maybe you know of one you could give me a link to?
But as I am complaining to the FOS, and you agree there is no such requirement from them, then I'm not sure what you are getting at.

I was advised 2 months ago in this thread that not having sent the letter of complaint by recorded delivery should not be an issue.

I've not called the company again, because as you point out, they will probably have destroyed any recordings should I need them later, and then it will just be my word against theirs as to what was discussed/agreed.
I'll only correspond in writing in future with this lot.

Gavin_C

I've now had a slightly more positive letter from the FOS

It confirms that they have now requested the business to supply them with their side of the complaint so that they can investigate it fairly and decide upon a resolution.

It suggests the adjudicators should be in a position to advise further within 12 weeks (or advise me if there is any delay)

Gavin_C

So I thought I'd update you all on how this progressed.

The FOS adjudicator has been in contact. They confirmed the insurance agency have put their hands up to this one.

The insurance provider offered to cancel the existing policy, start a new one for 12 months and pay £50 by way of compensation.
Initially, details were not clear as to cancellation costs and renewal costs they would expect me to pay, although they were not prepared to put the £50 compo towards any extra costs incurred. Apparently that will only be sent out later after I accept their offer and take out the new insurance.

Apparently there's a bit of history between the FOS and this large insurer, and the FOS don't agree their terms are usually very fair ... and apparently the adjudicator said the firm have been advised of this several times in the past, and probably would do again if forced to at final review by the ombudsman.

So after more negotiation by the FOS, the insurer eventually agreed to cancellation costs that were truly pro-rata based on days of cover already provided rather than according to their usual, expensive cancellation policy. Renewal was also agreed at the lower of either the current renewal cost or the annual premium I originally paid.

Guess what? They told the FOS the insurance would cost more so it was going to be the same annual premium as previously. However, I did a check on their website and found the annual premium was actually less. I could tell the FOS adjudicator was not very happy with the insurer about that revelation.

Finally they agreed with the FOS they would cancel the original policy which has now run 3 months and provide a brand new 12 month policy for no additional charge (and of course under the terms I originally thought I had bought cover i.e. with no voluntary excess). The £50 compensation was also to remain, to be paid after I accept this offer.

I thought that was a fair resolution and so have decided to accept the offer at this stage.
I don't think I would have got any of this without the help and assistance of the FOS.

Slinky

I dread to think what this shower you are insured with would be like if you have to claim. Wouldn't you have been better off taking your business elsewhere?

Gavin_C

Slinky wrote: »

I dread to think what this shower you are insured with would be like if you have to claim. Wouldn't you have been better off taking your business elsewhere?

I know, it sounds quite worrying doesn't it, but the offer to take the business elsewhere was never on the table.

These guys trade under a wide range of trading names, some of which are more well known that others. Here's a list that is not necessarily fully comprehensive, just a few I have discovered by a quick search - I reckon most people would have or have had insurance from at least one of these:

1st Call
1st Gear
Bennetts
Budget
CompareTheMarket.com
comparethemeerkat.com (I wonder what Sergei would have to say about this?)
Dial Direct
ibuyeco
Junction
Pink (Be careful with this one as there are many insurers with pink in their name, not connected)
Quotemart
Revolution
Scooter Direct

Post Office insurance is also arranged and administered by them too.
As is RAC Car Insurance.
And LloydsTSB car insurance.