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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think this is illegal?

162 replies

CruzControl · 06/10/2020 12:27

I have a provisional driving license and DH has a full, clean driving license. I was a named driver on his insurance. I had a seizure and the doctor said to stop driving (I barely did anyway) and contact the DVLA (which I did). We contacted our insurance company to tell them and remove me as a named driver. They've spent the last three months trying to decide what to do (apparently this is a VERY complicated situation for their tiny brains to understand).
They've now come back to us and said they're cancelling our insurance. We have to declare to all future insurers that we've had our insurance cancelled. In addition, they are charging us £125 for a cancellation fee!
They're saying they can't leave me on the policy because I don't have a valid license (because of the seizure) and that they can't take me off the policy without cancelling the whole policy.
Our insurance premium with everyone else will skyrocket and we've lost our no claims bonus - which seems unbelievably unfair. AIBU to think this is illegal? If so, what can I do about it?

OP posts:
GalaxyCookieCrumble · 06/10/2020 16:56

Your name should of been removed off only as your DH is the name driver, what they have done is wrong, fight them, email Martin Lewis and get him on it.

DesignerDesigner · 06/10/2020 16:57

It' s not about you having a valid licence THEN.

Somewhere along the line, all they have got is 1

Cruz had a licence
Now Cruz says she doesn't have one

The WHY is missing.

has your DH actually phoned them?

anotherwinkywinkybumbum · 06/10/2020 16:57

@TeaStory

So it sounds like you have told them you don’t have a licence any more and they’ve heard it as you never had a licence.
Going by the wording provided now, I come to the same conclusion.
TeaStory · 06/10/2020 16:59

Some companies do check with the DLVA: www.gocompare.com/motoring/guides/iiadd-database/

Original poster
CruzControl · 06/10/2020 17:01

@DesignerDesigner

Surely they would've checked the DVLA when we took out the insurance to check that my licence is valid?

That's not the point. No of course they don't check with DVLA as far as I know. The only people checking your licence are the police and its almost impossible to have a dud DL as it's photo ID.

Have you actually told the insurers about your medical status and surrendering your licence and the dates? Cos it sounds as if they don't know.

Yes. They were told everything. We took out insurance, then I had a seizure, the doctor said to stop driving, I phoned the DVLA, DH phoned the insurance, the insurance said it was a complicated situation, they said they could've remove me, then they emailed and said they've cancelled our insurance. DH phoned them immediately and they confirmed everything. They said they can't remove me from the insurance without cancelling the whole policy and they can't keep me on there because I don't have a valid licence.
OP posts:
DesignerDesigner · 06/10/2020 17:02

@CruzControl Sorry but your inability to explain clearly here over 4 pages shows how you and they have ended up as you are.

I don't think you made it clear that you had to surrender the licence due to a medical incident. All this needed was one call. I have asked if you or H have called them and asked etc and you haven't replied to that.

Original poster
CruzControl · 06/10/2020 17:03

[quote kleew1]@CruzControl

You have let everyone comment on this post missing out the fact your policy was in fact cancelled due to the wrong information being entered and its a completely different issue than the initial post.[/quote]
I'm not even sure how to respond to this. Was I supposed to psychically know I was going to have a seizure and tell them when I took out insurance that I was going to lose my licence in the future!?

OP posts:
Original poster
CruzControl · 06/10/2020 17:04

[quote DesignerDesigner]@CruzControl Sorry but your inability to explain clearly here over 4 pages shows how you and they have ended up as you are.

I don't think you made it clear that you had to surrender the licence due to a medical incident. All this needed was one call. I have asked if you or H have called them and asked etc and you haven't replied to that.[/quote]
Yes.
Yes we phoned them. Yes we told them.
I have said this numerous times so I'm not sure how you're missing it.

OP posts:
anotherwinkywinkybumbum · 06/10/2020 17:04

Someone at the insurance company has got the wrong end of the stick. Simple as that. Hoepfully your complaint makes it clear to them and they can rectify their error.

Venicelover · 06/10/2020 17:04

I agree, when you have phoned to say you don't have a license NOW, they have input that information and not the reason why you don't have one now or the fact that up to the date you phoned them you DID have a valid license up until that date.

I assume you phoned them immediately?

Todaythiscouldbe · 06/10/2020 17:05

Were you with Hastings? They have a 'no amendments' policy. This is the only reason why I can think this has happened. People add/remove drivers all the time on policies, there are fees and changes of premiums involved but not cancellation.

DesignerDesigner · 06/10/2020 17:05

T

Apologies for saying you didn't speak to them but you have drip fed rather a lot here.

They said they can't remove me from the insurance without cancelling the whole policy and they can't keep me on there because I don't have a valid licence.

They can remove you and even if they can't and it's purely a play on words, they can cancel the policy and your H can be given a new one in his name.

I don't know what the issue is now!

Is it the £75 charge or is it you now seem to have a dodgy insurance history impinging on future policies?

Original poster
CruzControl · 06/10/2020 17:05

@Venicelover

I agree, when you have phoned to say you don't have a license NOW, they have input that information and not the reason why you don't have one now or the fact that up to the date you phoned them you DID have a valid license up until that date.

I assume you phoned them immediately?

We phoned them about a week or so after the seizure. I didn't see my GP and get told to stop driving until three days after my seizure.
OP posts:
kleew1 · 06/10/2020 17:06

@CruzControl that is not what i am saying at all.

Dramatic much?

Original poster
CruzControl · 06/10/2020 17:07

@DesignerDesigner

T

Apologies for saying you didn't speak to them but you have drip fed rather a lot here.

They said they can't remove me from the insurance without cancelling the whole policy and they can't keep me on there because I don't have a valid licence.

They can remove you and even if they can't and it's purely a play on words, they can cancel the policy and your H can be given a new one in his name.

I don't know what the issue is now!

Is it the £75 charge or is it you now seem to have a dodgy insurance history impinging on future policies?

It's a bit of both. I'm annoyed about the charges. They want a £75 cancellation fee and a £50 set up fee (even though we set up months ago!). Mostly, I'm annoyed that our premiums are now much, much higher. It's going to cost a fortune and isn't just limited to car insurance - our home insurance and life insurance and pet insurance all go up too!
OP posts:
DesignerDesigner · 06/10/2020 17:08

What do the T&Cs say about cancelling a policy? What's the fee?

If it's £125 that is clearly to stop people swapping policies and finding someone cheaper.

It's not illegal.

If you are having to say the policy was cancelled meaning it was taken out in a fraudulent way that is different.

Original poster
CruzControl · 06/10/2020 17:08

[quote kleew1]@CruzControl that is not what i am saying at all.

Dramatic much?[/quote]
Well what are you saying?
The information entered was correct. The information changed and I told them. How was I supposed to know that the information was going to change?

OP posts:
Original poster
CruzControl · 06/10/2020 17:09

@DesignerDesigner

What do the T&Cs say about cancelling a policy? What's the fee?

If it's £125 that is clearly to stop people swapping policies and finding someone cheaper.

It's not illegal.

If you are having to say the policy was cancelled meaning it was taken out in a fraudulent way that is different.

Their website says £50 fee for cancelling - which makes no sense at all.
OP posts:
DesignerDesigner · 06/10/2020 17:09

sorry but why are your premiums higher? Is this because you have some kind of black mark against you now?

Is this because they have misunderstood and are accusing you of saying you had a licence and then said you didn't?

If so, all you need is a strong letter to or call to make that clear.

Palavah · 06/10/2020 17:12

You can go to the ombudsman as soon as the clock hits 8 weeks. If you have already expressed your complaint to them then follow up in writing to confirm your complaint of X date y time submitted by (talking to Jessica in customer services, or however you did it). That way the clock is already ticking.

TeaStory · 06/10/2020 17:12

Having an insurance policy cancelled does leave a massive black mark on your record, yes.

Original poster
CruzControl · 06/10/2020 17:12

@DesignerDesigner

sorry but why are your premiums higher? Is this because you have some kind of black mark against you now?

Is this because they have misunderstood and are accusing you of saying you had a licence and then said you didn't?

If so, all you need is a strong letter to or call to make that clear.

The premiums are higher because when an insurance is declined or cancelled - you have to declare it. No one seems to ask for the reason why, they just seem to assume it's because you committed fraud. A lot of insurers will flat-out not insure you because of it and everyone else charges a lot more. They know the situation. The know when I had my seizure, they know all the facts. I've filed a complaint so hopefully that helps somewhat.
OP posts:
Venicelover · 06/10/2020 17:15

Do they now have the date that you surrendered your license?

I suspect 'I don't have' and 'I have surrendered' have been confused.

DesignerDesigner · 06/10/2020 17:15

You need to email the CEO of the company. Going to the top and threatening social media outing helps- Twitter, Watchdog, You and Yours (Radio 4 daily).

ProfessorSlocombe · 06/10/2020 17:15

Motor insurance is complicated by law.

Even if an insurer cancels a policy (rather than merely stopping it) they can still be liable under a section of the RTA that makes the last insurer on a vehicle liable for 3rd party injuries.

I have direct experience of this from working with an insurer who offered a policy to a driver on condition they had a black box fitted. The driver didn't, so the policy was cancelled. However the driver then went on to drive the car, crash it, and permanently disable the 3 friends they had taken for a spin. That was a multimillion payout - even though the car was "uninsured" at the time.

Biggest motor insurance payout I've known of was well in excess of £10,000,000 - and boy did it go to court.

None of which helps the OP, but may explain why their insurer has interpreted things the way they appear to have.