urgent advice needed please

fishingcinema

really need some advice for my brother please

he go pulled over by the police last night had not done anything wrong just one of those random checks and the police offecer who was very nice by the way says to him you have no insurance to wich my brother replys yes i have its with direct choice then the officer goes on to say that his driving licence was cancelled in sep 05 again my brother has no idea so asks the officer if he can tell him why it has been cancled the officer can only tell him that it was something that happened in sep 05

the weird thing is that my brother got some points for speeding in sep 06 and had to have them put on his licence so sent it to the dvla and surely if his licence had been cancled in sep 05 they would have kept it in 2006 we he sent it to have points put on it

so my brother phoned the police and told them what happened and asked what is likely to happen now they said is now facing getting banned as he already has six points and is facing 6 points a fine and a 12 month ban because of direct choices incompetence when he told this to direct choice today they could not say anything now he is waiting a phonecall from one of the top bosses monday morning but i cant see what they are going to do about it

so today he phones direct choice to see why he has no insurance and they say we cancled it in oct 2007 and refunded part of the money in nov 2007
we did not know this as he had got dad to pay it on his card so we dont see the bank statements

when he asked why it had been cancled they said that it was because he had not sent in his proof of no claims bonus he never received any letters asking him for this and heres what makes you laugh his insurance last year was them (direct choice) so they know he has no claims bonus as they hold it

when he asks why he never received a letter saying the insurance was going/has been cancled they said we did send you one by recorded delivery so my brother said ok have you got the consignment number or who signed for the letter they said no we dont have that

any advice what he can do or where he stands
apart from going to see a solicitor but its finding a reputable one that will help him

many thanks

MoaningMyrtle

Surely if the insurance was cancelled they would have phoned/written to him? Also the annual renewal should have been paid by now if this happened 16 months ago?

He would also need the insurance certificate to get car tax, this should have been within the last 6 or 12 months.

I got a little confused by your post as there is no punctuation, this is just my thoughts on the matter.

I think he probably needs the advice of a solicitor.

Keith

If they cancelled the policy in Oct 06, then he probably bought in in September or October 06, did he do the same in 2007?

And they do not need to prove that you received it, only that it was posted. Google the Postal Rule. They do sent it recorded but they have no legal need too.

fishingcinema

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MoaningMyrtle wrote: »

Surely if the insurance was cancelled they would have phoned/written to him? Also the annual renewal should have been paid by now if this happened 16 months ago?

they cancelle his insurance in oct 2007 part refunded in nov 2007

He would also need the insurance certificate to get car tax, this should have been within the last 6 or 12 months.

he brought 6 months car tax this month

I got a little confused by your post as there is no punctuation, this is just my thoughts on the matter.

sorry just re read through it and it is a little confusing where i have gone from one thing to another then back again:o

I think he probably needs the advice of a solicitor.

fishingcinema

Keith wrote: »

If they cancelled the policy in Oct 06, then he probably bought in in September or October 06, did he do the same in 2007?

And they do not need to prove that you received it, only that it was posted. Google the Postal Rule. They do sent it recorded but they have no legal need too.

sorry they canclled his insurance in oct 2007 and part refunded in nov 2007

i agree they do not need to prove that they posted it but surely if they posted it by recorded delivery they will have the slip that you can go on line and see if its been delivered signed for so in cases like these or for example if you send a expensive item and someone says they have nit received it you can contact royal mail give your number and they can tell you who signed for it

by them saying they can not tell him who signed for it or what date it was signed for is telling me that they never sent it by the recorded delivery

Conor_3

He has no insurance. There is no defence. Looks like he's going to be getting 6 points and a ban although if he needs the car to get to work if there's no alternative, or needs to drive as part of his job and he would lose his job which would cause hardship for his family, he may be able to keep his licence.

You say your brother already has 6 points. When did he pass his test?

fishingcinema

Conor wrote: »

He has no insurance. There is no defence. Looks like he's going to be getting 6 points and a ban although if he needs the car to get to work if there's no alternative, or needs to drive as part of his job and he would lose his job which would cause hardship for his family, he may be able to keep his licence.

You say your brother already has 6 points. When did he pass his test?

hi he appreciates no insurance = trouble and points but what he is saying is he paid for insurance and they canclled it because they had no proof of his no claims bonus but they held it as he was with them for the past two years and they did not send or he did not receive a letter of cancelllation

he is going to see a solicitor tommorow see what can be done
he passes his test in 1998

thescouselander

Conor wrote: »

He has no insurance. There is no defence. Looks like he's going to be getting 6 points and a ban although if he needs the car to get to work if there's no alternative, or needs to drive as part of his job and he would lose his job which would cause hardship for his family, he may be able to keep his licence.

You say your brother already has 6 points. When did he pass his test?

I think thats a but harsh really. The OPs brother obviously thought he had complied with the law and got insurance. It seems to be the insurance company that is at fault here.

I have been in a similar situation before where I forgot to send proof of my no claims bonus but the insurance company phoned me to let me know and I sent proof off immediately - problem solved. If direct choice had only done the same thing this wouldn't have happened.

In any case, the law is not always black and white, it will be down to a judge at the end of the day. I suggest getting a good solicitor.

raskazz

If he did not renew but lapsed the renewal with Direct Choice and set up a new policy for the new year then it is entirely his fault that the insurance was cancelled. It would have shown on their database as a new policy, there would be no link to the old one, so they would have had no reason to know that they held the NCD. He would also have been told to provide proof of no claims bonus.

Usually insurers send out at least two or three letters chasing the NCD before issuing a cancellation notice. It is hard to believe that none of them would be received if the policyholder had given the insurer the correct address.

Also, the refund would have rung alarm bells, if you use someone else's card this is the risk you take.

Edited to add:

Direct Choice looks like a broker not an insurer.

Their online terms state:

"In the event of a claim or upon request, you must be able to substantiate all of the details that you have provided. In particular, you may be asked for sight of your Driving Licence, proof of immobiliser fitment if applicable, and proof of any No Claims Discount entitlement"

So it may be that if it was a renewal after all, the broker may have placed his risk with a different insurer from its panel. Then the new insurer requested NCD proof, it was not forthcoming and the policy was cancelled.

So it really is difficult to apportion blame without fuller information.

raskazz

Keith wrote: »

If they cancelled the policy in Oct 06, then he probably bought in in September or October 06, did he do the same in 2007?

And they do not need to prove that you received it, only that it was posted. Google the Postal Rule. They do sent it recorded but they have no legal need too.

It's not really a 'postal rule' situation as far as I see it, as the postal rule only applies to acceptance of an offer for the purposes of contract law. This is not an offer and acceptance situation.

However, the policy wording of the insurer's cancellation condition will be worded something along the lines of "we may cancel the policy by giving you 7 days notice in writing by recorded delivery to your last known address". So Keith is right when he points out that the policy is cancelled whether you receive the letter or not. This is why you should keep an eye on your bank statements, especially if you pay by instalments, as if you miss one your policy will be cancelled after a certain time if it is unpaid.

custardy

were the policy docs going to your bro's address or your fathers?