In a blind panic

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Sun 3 Feb 2013 11:21
In a blind panic - gembol

I was involved in accident yesterday, i went into the back of another car.

Nobody was injured, police were not called, we exchanged details and left.

Today I logged in to my insurance site to find my insurance was cancelled 3 days ago due to missed direct debit. I am petrified of what could happen next and I do not know what I should do now.

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Sun 3 Feb 2013 12:24
In a blind panic - Avant

We can easily miss payments - surely the point of a direct debit is to avoid that happening. How can it be 'missed'? Get on to your bank and see what they're playing at.

Also the insurance company should have warned you if they were going to cancel your insurance for whatever reason: have a look at the terms and conditions.

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Sun 3 Feb 2013 12:57
In a blind panic - dacouch

Which Insurer is is einsure, QMH or swift

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Sun 3 Feb 2013 13:08
In a blind panic - gembol

Echoice (wich is Royal Sun Alliance)

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Sun 3 Feb 2013 13:08
In a blind panic - gembol

I saw a missed DD on 4th Jan, then payment was taken on 6th Jan, then another missed 11th Jan. I don't know what is going on because there should never be more than one payment per month.

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Mon 4 Feb 2013 09:03
In a blind panic - TeeCee

>> How can it be 'missed'?

Er, lack of funds in the account to cover it is the usual reason. Most banks operate a "three strikes" policy. Third failed attempt results in automatic cancellation of the DD.

Edited by TeeCee on 04/02/2013 at 09:04

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Mon 4 Feb 2013 16:40
In a blind panic - thunderbird

I am petrified of what could happen next and I do not know what I should do now.

The other driver will soon discover that he was hit by an uninsured driver and will feel very agrieved by the fact that he will have to foot the bill for his excess. At that point he will report the matter to the Police who will take action against you by siezing your car which will possibly end up being crushed.

Afraid you are in deep trouble even if the insurance company are to blame for incorrectly cancelling your policy. It was you who was driving without insurance at the time of the accident.

You need to contact the other driver and confirm the facts. If you come clean now to the Police and have good evidence that the policy was incorrectly cancelled the courts may be more lenient.

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Mon 4 Feb 2013 17:18
In a blind panic - dacouch

For eChoice to cancel the policy correctly they have to do the following.

"If we cancel your policy, we will write to you at your last known address. In our letter we will confirm that all cover will end 7 days after the date on the letter. In these circumstances you must return your Certificate of Motor

Insurance to us. Please see the ‘Policy Cancellation’ section of your policy Schedule for terms and fees applicable.

We reserve the right to cancel your policy in the event that there is a default in instalment payments due under any

linked loan agreement. If you pay your premium monthly, cover under this policy will end if you do not pay any monthly premium when it is due. In these circumstances you must return your Certificate of Motor Insurance to us. However,we will send a letter to your last known address and give you the opportunity to pay the premium within 7 days."

You need to contact them (Easier said than done with eChoice) and ask exactly when they wrote to you, was it recorded delivery if so ask for the tracking number and check it on the post office site.

If they did not follow the above then they have not cancelled the policy so you can insist it's reinstated.

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Tue 5 Feb 2013 08:18
In a blind panic - Armitage Shanks {p}

Regrettably, recent discussion on various fora re correspondence with DVLA and delivery of NIPs is that an item is deemed to have been delivered if it has been posted, with or without a proof of posting. Recent court ruling

"The court held that section 7 is to be read in two parts. If the sender of a letter can prove that the letter has been put in a properly addressed, pre-paid envelope and then posted, the letter is deemed served. However, as this is only a presumption, if the addressee can prove, on the balance of probabilities, that the letter was delivered late or not delivered at all, that will rebut the initial presumption of deemed service.

This isn't going to work with people like Swiftsure who do everything by e mail. I do not know what the law is on the presumed delivery of electronic communications

Edited by Armitage Shanks {p} on 05/02/2013 at 08:22

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Tue 5 Feb 2013 08:46
In a blind panic - Armitage Shanks {p}

I knew I had seen it somewhere! Try this

www.honestjohn.co.uk/forum/post/index.htm?t=97518

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Tue 5 Feb 2013 09:20
In a blind panic - dacouch

That's assuming a letter / email was sent, I've seen a fair few cases where internet based Insurers systems have cancelled policies without sending a letter or email.

If they've not sent a letter / email then they cannot have cancelled the policy as they need to follow the procedure laid out in their policy which is after all a contract.

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Fri 12 Apr 2013 15:55
In a blind panic - Driver Defence

If the police get involved, you will be at risk of 6 - 8 points. You certainly need to look into whether the insurance was cancelled in line with their terms. If it was and you are taken to Court, then technically you are guilty of the offence however would have a Special Reasons argument at Court.

You would have to show that you genuinely and honestly believed insurance was in place and that that belief was based on reasonable grounds. In terms of reasonable, the Court will look at factors such as should you have noticed the direct debits were failing etc.

If Special Reasons are found, no points will be imposed.

Edited by Avant on 13/04/2013 at 00:05

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Fri 12 Apr 2013 16:11
In a blind panic - Armitage Shanks {p}

OP hasn't been back since 3rd February so why are we bothering?

Edited by Armitage Shanks {p} on 12/04/2013 at 16:12

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Fri 12 Apr 2013 17:08
In a blind panic - FP

Today there are several posts to different threads in the Legal section all done by "Driver Defence Patterson Law". The one above has a link and looks like spam.

Do we trust the advice given, apparently by someone who wants us to be impressed?

Edited by FP on 12/04/2013 at 17:09

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Fri 12 Apr 2013 17:17
In a blind panic - Bromptonaut

The advice looks plausible but I'm not a lawyer.

It does look like an attempt to hi-jack threads for advertising unless HJ's appointed a new 'legal eagle' to follow the unlamented Lucy.

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Sat 13 Apr 2013 00:08
In a blind panic - Avant

I've removed the link and will do the same in the other threads if it's there. We're not having free advertising on here, and if this outfit were a reputable firm of lawyers they would realise that.

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