Identity used to buy multiple car insurance policies now being threatened with court

RosJess

A few months ago my husband received a letter from a car insurance company saying his policy had been cancelled because he had not paid the premium. He had not taken out this insurance and it was not our car and this was just the first of six different letters from six different companies.
His name, address and birth date had been used to obtain insurance, most likely we imagine by fraudulent brokers who ‘sell’ non-existent policies to unsuspecting drivers. 
All of the insurers were happy to accept that the policy was nothing to do with us and cancel with no implications except One Call! 
One Call are insisting that he prove that he did not own the Mercedes which was insured and despite two long online ‘chats’ and finally one telephone call they refuse to back down. They are demanding payment or proof, and threatening court enforcement action.
We have suggested that they can make enquiries with the DVL A but they refuse and tell us to complete what turns out to be a non existent form VQ7. They say we need to give them the ownership history of the car which as far as we can tell we are unable to obtain.
we reported to Action Fraud but because there was no loss to my husband they were not prepared to do anything.
Has anyone else encountered this problem or have any suggestions of how to resolve this?

user1977

Onus is surely on the insurers to prove that your husband took out the insurance in the first place? They can threaten court all they like, I wouldn't have thought it likely they'd pursue it unless they were sure of winning.

dunstonh

One Call are insisting that he prove that he did not own the Mercedes which was insured and despite two long online ‘chats’ and finally one telephone call they refuse to back down. They are demanding payment or proof, and threatening court enforcement action.

they are bluffing on that point.  You cannot prove something that does not exist.   

You need to make a formal complaint and refer it to the FOS if necessary.

Grumpy_chap

RosJess said:

One Call are insisting that he prove that he did not own the Mercedes 

They say we need to give them the ownership history of the car which as far as we can tell we are unable to obtain.

You can not prove a negative.

DVLA will not confirm vehicle data to an individual.  I think they will to an insurance company.

RosJess

Grumpy_chap said:

RosJess said:

One Call are insisting that he prove that he did not own the Mercedes 

They say we need to give them the ownership history of the car which as far as we can tell we are unable to obtain.

You can not prove a negative.

DVLA will not confirm vehicle data to an individual.  I think they will to an insurance company.

We have repeatedly told them that this is the case and even sent screen shots from the government website but they refuse to move.  DVLA will provide ownership details on a specific day but that proves nothing does it. 

rudekid48

dunstonh said:

One Call are insisting that he prove that he did not own the Mercedes which was insured and despite two long online ‘chats’ and finally one telephone call they refuse to back down. They are demanding payment or proof, and threatening court enforcement action.

they are bluffing on that point.  You cannot prove something that does not exist.   

You need to make a formal complaint and refer it to the FOS if necessary.

This is exactly what you need to do.  Raise a formal complaint straight away.  If it is not resolved you can then escalate to the FOS after One Call issue a final response or 8 weeks - whichever is sooner.

jimbo6977

As only "customers" can complain to the FOS, is there a danger that the act of making a complaint to the FOS could be regarded as an admission that the OP is OneCall's customer (or conversely, could the FOS refuse to handle a complaint from someone who is adamant they are NOT an insurer's customer)?

Sandtree

jimbo6977 said:

As only "customers" can complain to the FOS, is there a danger that the act of making a complaint to the FOS could be regarded as an admission that the OP is OneCall's customer (or conversely, could the FOS refuse to handle a complaint from someone who is adamant they are NOT an insurer's customer)?

Certainly an attempt to complain to FOS wouldnt get them into any sort of problems with a type of admission... the FOS receive lots of complaints from third parties and other invalid people and they just decline to deal with them... many consumers don't understand the scope of the FOS properly.

The FOS will look at cases of identity theft even though the victim technically isnt a customer. For example Decision Reference DRN7173348 (financial-ombudsman.org.uk) is a debt run up in the complainers name for an account they claimed never to have held. The FOS agreed it was ID fraud

naedanger

I would write to OneCall and explain you have never had a policy with them and so have no obligation to provide them with any information. State that you will only respond again if they first prove you had a policy, and state that if they instigate any legal action you will defend it on the basis you have never been their policyholder. 

(If they do try to prove you had a policy you should be able to spot fake information which you can then rebut. I would be particularly interested in seeing how they were paid.)

sheramber

naedanger said:

I would write to OneCall and explain you have never had a policy with them and so have no obligation to provide them with any information. State that you will only respond again if they first prove you had a policy, and state that if they instigate any legal action you will defend it on the basis you have never been their policyholder. 

(If they do try to prove you had a policy you should be able to spot fake information which you can then rebut. I would be particularly interested in seeing how they were paid.)

It wasn't paid. That is why they are pursuing the OP
saying his policy had been cancelled because he had not paid the premium

greyteam1959

The OP should stop talking to OneCall 
on the telephone.
Do everything in writing.