Car Insurance - Hastings Direct - Proof of purchase mistake?

user1977

AuditSund said:

user1977 said:

AuditSund said:

chrisw said:

No but that's what's complicated matters. Presumably they don't like the car being owned jointly. But if you have proof of purchase from 2014 I can't see why they won't accept that, in reality most vehicles are owned jointly by spouses regardless of who actually laid out the money. 

Chris: You haven't by any chance got any links or legal articles I can use to back up the statement. I found this on a Google search: joint ownership married of car -”They are considered responsible for the vehicle by the police and DVLA, but the owner is the person who paid for the car, or to whom it was given as a gift." - west Yorkshire police

Well, that's just basic law about ownership of property, there's no car-specific law about it.

They also followed on to quote " Cars used by married couples are usually considered joint-owned." - west Yorkshire police

Again, that's not a car-specific law, it's just how any matrimonial property is treated.

AuditSund

user1977 said:

AuditSund said:

user1977 said:

AuditSund said:

chrisw said:

No but that's what's complicated matters. Presumably they don't like the car being owned jointly. But if you have proof of purchase from 2014 I can't see why they won't accept that, in reality most vehicles are owned jointly by spouses regardless of who actually laid out the money. 

Chris: You haven't by any chance got any links or legal articles I can use to back up the statement. I found this on a Google search: joint ownership married of car -”They are considered responsible for the vehicle by the police and DVLA, but the owner is the person who paid for the car, or to whom it was given as a gift." - west Yorkshire police

Well, that's just basic law about ownership of property, there's no car-specific law about it.

They also followed on to quote " Cars used by married couples are usually considered joint-owned." - west Yorkshire police

Again, that's not a car-specific law, it's just how any matrimonial property is treated.

Are you saying due to it being matrimonial property and joint-owned that any purchase is a joint purchase (joint asset) or that as it's not specific to a car-specific law that it should be treated differently? 

AuditSund

DullGreyGuy said:

Do you have the original purchase paperwork and does that show joint names? 

I'm sorry I missed this. We have the original purchase paperwork. When we purchased the car together we had joint surnames as we were married. When we purchased the car I used our joint bank card to pay for it outright but the paperwork only has my full name on it as it only had room for one name and I used our bank card and money to pay for it.

AuditSund

DullGreyGuy said:

Do you have the original purchase paperwork and does that show joint names? 

I'm sorry I missed this. We have the original purchase paperwork. When we purchased the car together we had joint surnames as we were married. When we purchased the car I used our joint bank card to pay for it outright but the paperwork only has my full name on it as it only had room for one name and I used our bank card and money to pay for it.

user1977

AuditSund said:

user1977 said:

AuditSund said:

user1977 said:

AuditSund said:

chrisw said:

No but that's what's complicated matters. Presumably they don't like the car being owned jointly. But if you have proof of purchase from 2014 I can't see why they won't accept that, in reality most vehicles are owned jointly by spouses regardless of who actually laid out the money. 

Chris: You haven't by any chance got any links or legal articles I can use to back up the statement. I found this on a Google search: joint ownership married of car -”They are considered responsible for the vehicle by the police and DVLA, but the owner is the person who paid for the car, or to whom it was given as a gift." - west Yorkshire police

Well, that's just basic law about ownership of property, there's no car-specific law about it.

They also followed on to quote " Cars used by married couples are usually considered joint-owned." - west Yorkshire police

Again, that's not a car-specific law, it's just how any matrimonial property is treated.

Are you saying due to it being matrimonial property and joint-owned that any purchase is a joint purchase (joint asset) or that as it's not specific to a car-specific law that it should be treated differently? 

I'm saying it's the same principle you'd apply to any matrimonial property, nothing about these assumptions is a special law about cars.

DullGreyGuy

AuditSund said:

DullGreyGuy said:

Do you have the original purchase paperwork and does that show joint names? 

I'm sorry I missed this. We have the original purchase paperwork. When we purchased the car together we had joint surnames as we were married. 

So presumably the paperwork shows Mr & Mrs (or Mrs & Mrs etc) as the purchasers to verify the joint ownership?

AuditSund

DullGreyGuy said:

AuditSund said:

DullGreyGuy said:

Do you have the original purchase paperwork and does that show joint names? 

I'm sorry I missed this. We have the original purchase paperwork. When we purchased the car together we had joint surnames as we were married. 

So presumably the paperwork shows Mr & Mrs (or Mrs & Mrs etc) as the purchasers to verify the joint ownership?

No just our Surnames as we are married. Do you think when I present my evidence to the ombudsman I should show our marriage certificate to show joint ownership proving we both purchased the car?

DullGreyGuy

AuditSund said:

DullGreyGuy said:

AuditSund said:

DullGreyGuy said:

Do you have the original purchase paperwork and does that show joint names? 

I'm sorry I missed this. We have the original purchase paperwork. When we purchased the car together we had joint surnames as we were married. 

So presumably the paperwork shows Mr & Mrs (or Mrs & Mrs etc) as the purchasers to verify the joint ownership?

No just our Surnames as we are married. Do you think when I present my evidence to the ombudsman I should show our marriage certificate to show joint ownership proving we both purchased the car?

Really? the contract states the buyer is Smith? No John Smith or John & Pat Smith or Mr & Mrs J Smith?  

I've not seen a law that states that all items bought by a married couple are automatically joint ownership and you would expect it to pop fairly often with the Ombudsman and S75 claims where the secondary cardholder bought something. I think some are extrapolating from what happens at divorce. 

AuditSund

DullGreyGuy said:

AuditSund said:

DullGreyGuy said:

AuditSund said:

DullGreyGuy said:

Do you have the original purchase paperwork and does that show joint names? 

I'm sorry I missed this. We have the original purchase paperwork. When we purchased the car together we had joint surnames as we were married. 

So presumably the paperwork shows Mr & Mrs (or Mrs & Mrs etc) as the purchasers to verify the joint ownership?

No just our Surnames as we are married. Do you think when I present my evidence to the ombudsman I should show our marriage certificate to show joint ownership proving we both purchased the car?

Really? the contract states the buyer is Smith? No John Smith or John & Pat Smith or Mr & Mrs J Smith?  

I've not seen a law that states that all items bought by a married couple are automatically joint ownership and you would expect it to pop fairly often with the Ombudsman and S75 claims where the secondary cardholder bought something. I think some are extrapolating from what happens at divorce. 

Thanks for the help.

I have also been looking for Google searches on:" law married joint purchase asset joint purchase"

I can't find anything specific about it being married and a joint purchase. Its all house and cars at divorce and joint assets of cars and when you bought it. Before or after marriage.

I think I'll still get the Ombudsman in to sort it as we did purchase the car in March 2014. What else could we have put for the wife's purchase date?

The registered keeper date the insurance company has put for the purchase date is false and you can't base it off when you have insured the car. It seems to be a grey area.

AuditSund

We have had an official complaint response from hastings so I can go to the ombudsman. 

In a nutshell they are saying that the V5 shows my wife became the registered keeper in 2017 so that is what they are using as proof of purchase.

We made the formal complaint on the 11/01/2024 got the response on the 30/01/2024 and they are stating it has been 12 days since we made the complaint (it's a bit longer isn't it).

They told us they would get back to us in 4 days when we made the complaint and then by the 2nd of Feb. They said they could of taken 8 weeks to resolve the complaint?

I'll let you know what happens and what the ombudsman accepts as proof of purchase when you are married.