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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Would I have a shot in the small claims court?

5 replies

GreenTeaMom · 31/01/2022 14:35

Last year I took out a new car insurance - a black box one - because I’m a fairly new driver and it’s super expensive despite my age.

I had problems with the driving score and it wasn’t recording properly which was confirmed by the insurance company and they put me on a list for the technical team to come out and fix it all etc. I had a complete lack of communication from them over a course of weeks/months about this and then they cancelled my policy completely out of the blue.

I made a complaint and this was upheld based on the fact that I had been misinformed and told wrong information and advice on several occasions and they had not even bothered to open an investigation or put me on the list to get it fixed like they said they would. I have the final letter from them as proof of all their wrong doings.

I had to go into debt to take out a new car insurance and it caused me a lot of stress because I kept being messed around saying it was being cancelled, then it wasn’t, then it was - because no-one knew what they were talking about and the company have confirmed they have had to put those people back into training because they were giving me really false information and should have known better.

I took out a new insurance and have had that for 1-2 months now. Now the old car insurance are chasing me for a sum of money that I apparently owe them, but when I called and questioned them on it they said it should have been cleared off my account and I actually didn’t owe anymore money, however they are still sending me emails and letters and threatening to put it on my credit file.

I have so much other stress going on in my life at the moment including multiple court cases against my ex for domestic abuse against both me and my young child and this business with the insurance company over the last few months is starting to push me over the edge.

I have reported it to the financial ombudsman for compensation however they have a huge backlog, so I was thinking to take this to the small claims court instead?

Upon doing some reading on the financial ombudsman website, based on my circumstances of what’s happened, I can claim up to £750 for distress and chronic stress of it carrying on for so long. I also want to claim back the deposit that I had to put down on a new insurance policy which left me in financial hardship - so the claim altogether would be around £900.

Would it be worth pursuing this?

(The main point isn’t why they cancelled it - because they’ve already admitted that they were wrong but couldn’t reinstate it - it’s mainly how they have handled it all)

OP posts:
ElftonWednesday · 31/01/2022 14:39

I think wait for the insurance ombudsman, as the courts probably also have a backlog. Get your MP involved to give them a kick if they are taking a long time.

Lou98 · 31/01/2022 14:46

Personally I would wait for the ombudsman, if you have a complaint that warrants being upheld, they will follow through with it.

If you go to small claims, they probably also have a backlog, but if you lose at small claims, you will have court fees to pay so you could end up more out of pocket.

Without full details/evidence then nobody here would really be able to tell you if it's likely or not that you would win your claim

ProfessorSlocombe · 31/01/2022 14:59

If there is an approved mediation route (e.g. the ombudsman) then the court will (usually) say to wait until they have concluded their process before lodging a claim.

LoopyDream · 31/01/2022 15:12

Small claims court is a massive wait too - much longer than the ombudsman

StylishMummy · 31/01/2022 15:16

The financial ombudsman service is free to use for consumers, the courts are not. They both have similar backlogs but I have had success calling over the phone instead of emailing/doing the claim online

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