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No Insurance...

sonstbbs
sonstbbs Posts: 10 Forumite
Sixth Anniversary First Post Combo Breaker
Afternoon wise people...
I'm after some advice please on the best way forward...a bit long, sorry...
On 15th January I notified Endsleigh of my change of address and received a letter confirming this. The last paragraph of the letter, highlighted in bold read:
Important – at the end of your policy term, we will use the card you originally provided us with to automatically renew your cover, unless you tell us to use an alternative card or payment method, or not to renew.
So when my renewal notice arrived ten days later, I glanced through it, was happy with it so did nothing as per the paragraph above.
There was however a line in amongst the general blurb that read : To renew your policy, make changes, add or remove additional optional cover, or update your contact preferences, call us on 0333 234 1552 and we’ll be happy to help.

I was stopped whilst out on June 1st and the officer said my vehicle had shown up as not having insurance. I was mortified and when my husband sent me through a photo of the renewal there was no policy number on it. Mystified I called my insurer Endsleigh and was told that my insurance had not been renewed. I questioned this explaining that I had received a letter and remember reading a paragraph saying that I didn't need to do anything, the monthly payments would continue. I was told that because I'd paid in full at the start of the policy it couldn't be renewed without my authorisation, it was only rolled over if I had paid monthly. Again I was puzzled and questioned this on the phone saying I was sure I paid monthly but was actually a bit wobbled by the whole experience and just listened to what she said.
After being read my rights, an equally wobbly experience, I was handed the pink ticket and told to wait to see what the courts would decide.
My only luck that morning was the officer allowed my to take a policy out there and then and carry on my day. (the price obviously reflecting the pending prosecution)
Over the next couple of days I trawled through my bank and credit card statements and discovered I had not paid in full, my monthly payments were taken throughout the whole of 2019 but stopped in January 2020 and the direct debit mandate was still 'live' on my account. Why did their adviser lie by saying I'd made one payment?
So I went back to Endsleigh and spoke to someone who was a bit insipid to be honest, but said he would raise it through to a complaint, that I would receive an email within a day or so from the complaints team who would then investigate.
After two weeks I hadn't heard anything from anyone so once again phoned and got put through to the complaints team. I was in fact speaking to the team leader, I explained everything, she said leave it with her, she'd listen back to the calls etc and call me back later that day.
When she called back we talked things through and she said she was writing to AXA the insurer to ask them to indemnify the policy from the date it stopped in January to the date I was stopped in June.
This to me flags up the fact a mistake has been made.
Yesterday she called me to say that AXA would not indemnify the policy, even though the correspondence I received totally contradicted itself, she said would help out if she could and sent me an email summerising the saga.
Because I'd paid to have my address changed on the 15th Jan, this had stopped the monthly payment routine (even though same card, same bank, same account)
Her summary reads: 'However, due to a system error the policy defaulted to paid annually instead of monthly as chosen by you (you were not made aware of this at any time) '

You have never been made aware of this process and you were still under the impression that your policy would just automatically renew, as you pay monthly and have never missed any monthly direct debits for the duration of your previous policy.

You have confirmed that you did receive the letters sent on 15 January and 25 January, but did not realise you needed act upon these letters.  You were just expecting your policy to automatically renew as your direct debit mandate was still live.

 I have also attached your 2019 policy summary, which states that your policy will automatically renew as below:

Important – at the end of your policy term, your cover will automatically renew and

payment will continue to be taken each month unless you tell us not to renew.

Today I received the letter from Wiltshire Police saying I was down to receive 6 points and £300 fine.

I've been driving for 35 years with a completely clean licence.

I think Endsleigh have screwed up. She tried to get AXA to cover it but they're not willing to cover up Endsleighs mistake, I'm on the receiving end.

It is worth me fighting to get this dropped as it really wasn't my fault, or do I just take it on the chin, pay up and move on (even though I know I'm right???)

Any advice is greatly appreciated
S


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Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Ultimately, there is no defence in law of "I thought I was insured but my insurer dropped a furry one".
    https://www.legislation.gov.uk/ukpga/1988/52/part/VI/crossheading/compulsory-insurance-or-security-against-thirdparty-risks

    It is always the driver's responsibility to ensure they are covered. Not having your premium DDs taken for five months should have fired the warning bells.

    If AXA were willing to come forward and say "We would have covered the driver in the event of an incident", which is the indemnification requested by Endsleigh, then the prosecution may get dropped. But without that, you're unfortunately bang-to-rights. Ultimately, the actual insurer seem to be saying "We never knew about the renewal", because the error seems to be with the broker.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As above. They should pay the fine, but it won't wipe the points.
    The real issue, ironically, is what 6 points will do to your renewal premium next time around, and what they are willing to do about that. The year-on year cost increase will be much greater than the £600 fine.
    No free lunch, and no free laptop ;)
  • sonstbbs
    sonstbbs Posts: 10 Forumite
    Sixth Anniversary First Post Combo Breaker
    Thank-you for your replies.
    The whole Covid stituation took over so I wasn't as diligent as maybe I should have been for not noticing the DD had stopped being paid.
    Macman the fine is £300 and the policy I now have has the prosecution factored into it, but I agree going forward will be tough, especially as my 17 year old son is due to start driving at the end of the month. (!)
    I shall get back in touch with the Team Leader tomorrow and put the ball in her court as I believe Endsleigh have let me down.
    Is it worth sticking with them or looking for a new policy??
    Thanks
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sonstbbs said:
    Thank-you for your replies.
    The whole Covid stituation took over so I wasn't as diligent as maybe I should have been for not noticing the DD had stopped being paid.
    Macman the fine is £300 and the policy I now have has the prosecution factored into it, but I agree going forward will be tough, especially as my 17 year old son is due to start driving at the end of the month. (!)
    I shall get back in touch with the Team Leader tomorrow and put the ball in her court as I believe Endsleigh have let me down.
    Is it worth sticking with them or looking for a new policy??
    Thanks
    Ball in their court for what? Your card details had changed and so you hadn't contacted the broker/underwriter to make the payment.
    If you have a policy for the price you say with the prosecution factored in, then pay up and put the episode behind you, it's not somebody else's fault.
  • sonstbbs
    sonstbbs Posts: 10 Forumite
    Sixth Anniversary First Post Combo Breaker
    My card details haven't changed??
    Endsleigh have admitted 'due to a system error the policy defaulted to paid annually.'
    I'd chosen and had been making monthly payments.
    I was not made aware of this at any time hence the lapse....
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sonstbbs said:
    My card details haven't changed??
    Endsleigh have admitted 'due to a system error the policy defaulted to paid annually.'
    I'd chosen and had been making monthly payments.
    I was not made aware of this at any time hence the lapse....
    In the opening post you mentioned you had changed address, so when they come to renew the card details will not be the same hindering a successful transaction.
    If the payment was annually then the subscription would have been on the card.
    You hadn't been making monthly payments though.
    So you hadn't yourself noticed your administrative error.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    edited 4 July 2020 at 10:51PM
    DUTR said:
    sonstbbs said:
    My card details haven't changed??
    Endsleigh have admitted 'due to a system error the policy defaulted to paid annually.'
    I'd chosen and had been making monthly payments.
    I was not made aware of this at any time hence the lapse....
    In the opening post you mentioned you had changed address, so when they come to renew the card details will not be the same hindering a successful transaction.
    If the payment was annually then the subscription would have been on the card.
    You hadn't been making monthly payments though.
    So you hadn't yourself noticed your administrative error.
    What do card details have to do with anything.  Do take the time to read again: the OP was paying monthly by direct debit, not by card.  
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DUTR said:
    sonstbbs said:
    My card details haven't changed??
    Endsleigh have admitted 'due to a system error the policy defaulted to paid annually.'
    I'd chosen and had been making monthly payments.
    I was not made aware of this at any time hence the lapse....
    In the opening post you mentioned you had changed address, so when they come to renew the card details will not be the same hindering a successful transaction.
    If the payment was annually then the subscription would have been on the card.
    You hadn't been making monthly payments though.
    So you hadn't yourself noticed your administrative error.
    What do card details have to do with anything.  Do take the time to read again: the OP was paying monthly by direct debit, not by card.  
    I did take the time to read again, the opening post included "Over the next couple of days I trawled through my bank and credit card statements "

  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Direct debits appear on bank statements. don't they, and the OP made mention of DD payment - Direct Debit.  Had a monthly payment been taken on a continuous instruction on a credit card, a change of address would not have stopped the payment.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Direct debits appear on bank statements. don't they, and the OP made mention of DD payment - Direct Debit.  Had a monthly payment been taken on a continuous instruction on a credit card, a change of address would not have stopped the payment.
    You asked what the card had to do with anything and hence the answer above, why would they be checking the CC statements if it had a little or nothing to do with it?
    However you need not answer, the actual issue affects neither of us, I have my personal view of what may have happened but as said it affects neither of us, I just don't feel the OP is blameless in this. It is what it is now.
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