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Dd named driver - responsible for debt?

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Comments

  • AliBee16
    AliBee16 Posts: 108 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Unfortunately, simpywimpy, I don't think you could prove fraud. My daughter says that she thought she was giving details to be the named driver, and she gave name, address and email. She has not received any documentation, and definitely didn't sign anything, but then you dont nowdays when taking out a policy. In fact, thinking about this, anyone could take out a policy in anyones name, really - you don't need many details to do it. And then just not pay, like this bloke has done.
    Although I do take your point, Joe Horner, in that she could be trying to get herself out of trouble, but even if she was put down as the main holder, that is not illegal, it is the fact that she was told by the ex that he was paying it, and he didn't, so she is now liable for the charge. Anyway, the word naive comes to mind
  • AliBee16 wrote: »
    Unfortunately, simpywimpy, I don't think you could prove fraud. My daughter says that she thought she was giving details to be the named driver, and she gave name, address and email. She has not received any documentation, and definitely didn't sign anything, but then you dont nowdays when taking out a policy. In fact, thinking about this, anyone could take out a policy in anyones name, really - you don't need many details to do it. And then just not pay, like this bloke has done.
    Although I do take your point, Joe Horner, in that she could be trying to get herself out of trouble, but even if she was put down as the main holder, that is not illegal, it is the fact that she was told by the ex that he was paying it, and he didn't, so she is now liable for the charge. Anyway, the word naive comes to mind

    Or possibly "fronting" springs to mind? However, that's very much speculation territory so I'll shut up on that.
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
    Ninth Anniversary Combo Breaker
    AliBee16 wrote: »
    Although I do take your point, Joe Horner, in that she could be trying to get herself out of trouble, but even if she was put down as the main holder, that is not illegal, it is the fact that she was told by the ex that he was paying it, and he didn't, so she is now liable for the charge. Anyway, the word naive comes to mind

    I didn't mean to suggest that it would be a problem if she'd agreed to be put down as the policy holder, except that if she had then essentially she is liable for the cancellation etc and will have to (hopefully) learn a hard lesson - not that it'll be the end of her world if that's the case no matter how it might feel to her right now!

    My bigger point was that if, having got her details as a named driver, the ex BF took the policy out in her name but without her knowledge then the contract is nothing to do with her and the cancellation shouldn't be placed on her record. In that instance there is something illegal - the ex BF has committed fraud and dragged your daughter into it (as an innocent party), just as much as someone stealing your details to apply for any other form of credit would be!

    But, out of fairness to yourself, before thinking of challenging it on that basis, please try to be (honestly) convinced that she's being completely up-front about what she did & didn't agree to :)
  • AliBee16
    AliBee16 Posts: 108 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Hmmm I know what you mean Joe. We will see when she phones the insurance company. She definitely gave her details in good faith, but I dont see how they could chase her for money if she wasn't the main holder, but I also dont see how he managed to cancel the policy if she was, when he sold the car - unless it was cancelled due to non-payment of course. Whatever it is, looks like she will have to pay anyway. I just hope it wont affect her proper insurance
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Admiral group companies normally allow additional drivers to make adjustments to the policy
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    AliBee16 wrote: »
    Hmmm I know what you mean Joe. We will see when she phones the insurance company. She definitely gave her details in good faith, but I dont see how they could chase her for money if she wasn't the main holder, but I also dont see how he managed to cancel the policy if she was, when he sold the car - unless it was cancelled due to non-payment of course. Whatever it is, looks like she will have to pay anyway. I just hope it wont affect her proper insurance

    If he didint pay then the company cancelled it.
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
    Ninth Anniversary Combo Breaker
    AliBee16 wrote: »
    Whatever it is, looks like she will have to pay anyway. I just hope it wont affect her proper insurance

    That's where a concerned parent [/i]can[/i] sometimes help - if you're convinced that he did it without her knowledge.

    If they'll speak to her then they should also allow her to give permission for you to speak.

    You can then explain (politely and probably clearer than her) what the situation is and suggest that in the circumstances you're willing to pay without her accepting liability - it doesn't matter to them that you're getting her to pay back - then take the chance of recovering it "from him" on the strict condition that they remove any notes or flags from her record seeing as it wasn't her fault.

    If they don't agree to that then they'll have to go through the full legal system to try to get their money, with no guarantee of success, because she didn't form the contract in the first place. Obviously, you'll need confirmation of their agreement by (at least) email before making any payment! You'd be surprised what they have the power to agree to when they can see the money in sight ;)

    You then make sure she's (a) suitably grateful and (b) thinks hard about how much worse it could have been because she's such a trusting little mare :beer:
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Start with an easy question to them.
    Exactly what contract do you alleged to hold with her ?
    Get her to ask them.
    Find this out first.
    I do Contracts, all day every day.
  • Quentin
    Quentin Posts: 40,405 Forumite
    If it turns out as it looks (and she was the policyholder for the boyfriend's car) then she needs to have it explained to her that not only is she responsible for the debt, much worse is that had there been any claim against the policy it would have come to light that she had bought a policy for a car she neither owned nor was the Registered Keeper of, as well as fronting for the BF.


    Almost certainly that would have meant the policy was void, and she would have ended up having any claim rejected.


    If a third party was involved then the insurer would have paid out to the third party but then trained their sights on your Daughter to reimburse them all their outlay - which could have run up to £millions in the event of a life changing injury.
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