Spent convictions & insurance

GeorgeK84

I could really do with some advice as already been in touch with financial ombudsman and the Financial Conduct Authority... I took out Van insurance for a new second hand van with a company called Footprint Insurance (Bristol) its with Sabre Insurance. Anyways, paid it all and sent through copies of my documents they required (driving licence, proof of NCB etc for myself & my Wife). I received an email today from them stating that because I hadn't told them about a motoring conviction (SP10) back in 2012, they are now charging me a ridiculous £92.71!!! Previous to taking out the insurance I check the conviction with the Criminal Record Disclosure Calculator and found my offence was spent back in 2015. I then read through various online that although my offence was within the last five years, because it is spent I should not need to disclose that information to them under the Rehabilitation Of Offenders Act. I did ask the Ombudsman and FCA about this but they couldn't tell me where I stood with this. I have written an official email of complaint to Footprint as advised by the FCA. As you can imagine we are pretty stressed about this as £92.71 is a lot of money to us right now, especially after purchasing the van & everything that goes with it. If you can help/ advice in any way, id be most grateful, kind regards George!

Nobbie1967

I believe that the rehabilitation of offenders act deals with disclosure relating to gaining employment. For the purposes of insurance, you need to disclose anything they ask for. I presume on the form they asked for motoring convictions within the last five years and you should have disclosed the Sp10 there.

If your with 14 days of taking it out, you can probably cancel it and get new quotes after disclosing the conviction.

unforeseen

Rehabilitation of Offenders DOES apply.

Motoring offences stay on your record for either 4 or 11 years

For an SP10 the endorsement is 'valid' for 3 years (points count toward 'totting up'). HOWEVER it stays on your driving record for 4 years so needs to be declared until the 4 years is up.

Car_54

It looks like the calculator was wrong.

From the governement's guidance notes on the Rehabilitation of Offenders Act at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299916/rehabilitation-of-offenders-guidance.pdf

"[FONT=&quot]An endorsement for a road traffic offence listed in Schedule 2 to the Road Traffic Offenders Act 1988, imposed either by the court or by means of a fixed penalty notice (FPN) is a sentence for the purposes of the 1974 Act and may become spent after 5 years (or two and half years where the offender is under 18). Road traffic legislation specifically provides for a FPN in these circumstances to be treated as a conviction and dealt with as such under the 1974 Act. Penalty points and a driving disqualification imposed by the court on conviction may become spent when they cease to have effect (penalty points have effect for three years as set out in road [/FONT] [FONT=&quot]traffic legislation). Where the court imposes more than one sentence or penalty for the offence then the longest rehabilitation period determines when the conviction may become spent"[/FONT]


[FONT=&quot]It gives an example: "[/FONT][FONT=&quot]An adult is convicted of a road traffic offence, and the court imposes a fine (rehabilitation period 1 year), an endorsement (rehabilitation period 5 years), penalty points (rehabilitation period 3 years) and driving disqualification for 1 year (rehabilitation period 1 year); the[/FONT][FONT=&quot] rehabilitation period for this conviction will be 5 years because the endorsement carries the longest rehabilitation period. [/FONT]"


Since your licence was endorsed, the rehab period is therefore 5 years and the conviction isn't spent until 2017.

reddwarf2002

Nobbie1967 wrote: »

I believe that the rehabilitation of offenders act deals with disclosure relating to gaining employment. For the purposes of insurance, you need to disclose anything they ask for. I presume on the form they asked for motoring convictions within the last five years and you should have disclosed the Sp10 there.

If your with 14 days of taking it out, you can probably cancel it and get new quotes after disclosing the conviction.

I believe there has been a recent change in the law which means it does not need to be disclosed to the insurance company if it is spent (even if they ask).

unforeseen

Car_54 wrote: »

It looks like the calculator was wrong.

From the governement's guidance notes on the Rehabilitation of Offenders Act at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299916/rehabilitation-of-offenders-guidance.pdf

"[FONT=&quot]An endorsement for a road traffic offence listed in Schedule 2 to the Road Traffic Offenders Act 1988, imposed either by the court or by means of a fixed penalty notice (FPN) is a sentence for the purposes of the 1974 Act and may become spent after 5 years (or two and half years where the offender is under 18). Road traffic legislation specifically provides for a FPN in these circumstances to be treated as a conviction and dealt with as such under the 1974 Act. Penalty points and a driving disqualification imposed by the court on conviction may become spent when they cease to have effect (penalty points have effect for three years as set out in road [/FONT] [FONT=&quot]traffic legislation). Where the court imposes more than one sentence or penalty for the offence then the longest rehabilitation period determines when the conviction may become spent"[/FONT]


[FONT=&quot]It gives an example: "[/FONT][FONT=&quot]An adult is convicted of a road traffic offence, and the court imposes a fine (rehabilitation period 1 year), an endorsement (rehabilitation period 5 years), penalty points (rehabilitation period 3 years) and driving disqualification for 1 year (rehabilitation period 1 year); the[/FONT][FONT=&quot] rehabilitation period for this conviction will be 5 years because the endorsement carries the longest rehabilitation period. [/FONT]"


Since your licence was endorsed, the rehab period is therefore 5 years and the conviction isn't spent until 2017.

It's a bit worrying that even the lawmakers can't get all their ducks in a row

https://www.gov.uk/penalty-points-endorsements/how-long-endorsements-stay-on-your-driving-licence

GeorgeK84

thats fantastic, thanks for your input. I have since called them back and they have dropped the £50 admin fee so just had to pay around £40 for them to add that to the policy.

Hintza

This one has always confused me and I is just a way of increasing your premium.

The worst wheeze now is if you have taken a speed awareness course which is confidential they want you to disclose that too. (We don't have them up here so not an issue for me) I just wouldn't bother telling because they have no right to ask.

Quentin

Hintza wrote: »

...... I just wouldn't bother telling because they have no right to ask.

Though, if you don't answer the question then don't expect them to give you a quote.

Car_54

unforeseen wrote: »

It's a bit worrying that even the lawmakers can't get all their ducks in a row

https://www.gov.uk/penalty-points-endorsements/how-long-endorsements-stay-on-your-driving-licence

There's no contradiction. That site is saying the endorsement stays on your licence record for 4 years.

In year 5 it's no longer on your record, but it's not spent and must be declared if the insurer asks.

Car_54

Hintza wrote: »

This one has always confused me and I is just a way of increasing your premium.

The worst wheeze now is if you have taken a speed awareness course which is confidential they want you to disclose that too. (We don't have them up here so not an issue for me) I just wouldn't bother telling because they have no right to ask.

Why do you think they have no right to ask? Your driving licence record is confidential too (unless you've been convicted in open court).