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Insurance Refund Query- Any Advice Please?

SouthEastHire

Active Member
Joined
Apr 5, 2015
Messages
85
Location
Camberley, Surrey
Car
E220 AMG Night Edition
As my name may suggest, I had set up a self-drive hire business for my C63 which was purchased specifically for this purpose. During the time things were getting off the ground I had a change in my day job which has become a lot more demanding than anticipated but fortunately the pay is half decent. So after not putting as much effort into hiring the C63 then driving it every weekend, it was becoming ‘my car’ and even more apparent that I did not want anyone else drive it!

I decided at the beginning of July to knock the idea on the head, cut my losses, start having a few subtle mods done and enjoy the car (secondary cats get removed yesterday!). I am unfortunately having some issues regarding a credit that is owed to me from a specialist hire insurance policy I cancelled at the beginning of the month. If anyone can advise me on the following it would be greatly appreciated. I have included all the figures for accuracy more than anything.

The policy was £3,900.00 of which I paid a £790.00 deposit

I then made 4 monthly payments of circ £300.00 which is net of the interest applied

So in total I have paid £1,990.00 of a £3,900.00 premium for what calculates to be 99 days of cover.

I pro rata that as £10.68/day for 99 days= £1,057.32

Now seeing as I have paid £1,990.00 to date, I calculated my refund to be circ. £900. However the broker sees it differently. Apparently I am only due £181.00 which is the difference between the remaining premium (advised by the insurer) with the finance company and what id paid to date. To me that sounds like a part credit that only concerns the finance element of this agreement.

The broker advises that the £790 deposit is no refundable as it is a new start up but their conditions do not stipulate this. I am looking at it in simple terms that I brought a product at £3,900 and within that are 365 units. I only used 99 units of 365 so should only be charged pro rata 99 days less and fees or penalties.

The below clauses are in the insurers terms and conditions and to me support my way of thinking albeit with a penalty charge of 1 months premium. So for arguments sake that’s £900 credit less £300 fee so £600 credit not £181.

7.2.4 Provided this insurance is an annual contract, covering only a single vehicle, the premium will, upon cancellation, be refunded pro rata less the short period charge of one month’s premium, which is retained by Octane Underwriting. No refund will be allowed if any claim has been made during the period for which insurance cover was provided.

7.2.5 If this insurance is a multi-vehicle policy, you will be entitled, upon cancellation, to a return of premium after application of our short period rates, although no return of premium will be allowed if the claims under the policy in the period of insurance have exceeded the entire premium fund. Otherwise, the premium for each vehicle covered will be refunded pro rata less the short period charge of one month’s premium, except that no refund will be allowed in respect of any insured vehicle which has been the subject of a claim.

Further to the above clauses there is no real definition in what type of policy I had. As it was self-drive hire they class it as multi car although it’s called self-drive. Not multi car. I only had 1 car so technically it’s a single car policy but these definitions don’t all tie up. Either way they both mention pro rata less 1 month premium as a fee.

Even if you can’t help, thanks for taking the time to read this mega boring post! :)

Ollie
 
You appear to have quoted the terms from 'Octane', which I've just found out now owned by Prestige Underwriting Services Ltd.

You will probably have taken the policy out through a broker - Their cancellation terms may be different. You need to read the brokers cancellation terms as well.

Also, if paying by direct debit, only part of the total cost would be for the policy. Any additional costs such as legal cover or interest due to date are non-refundable.

HTH
Rayny
 
In effect you've taken out business insurance which means the usual 'personal policy' criteria doesn't apply.

Many moons ago when I took out my first traders policy, I signed up with one broker but two days after another broker rang me back with a cracking deal I accepted, then went back to the first broker who is paid a £300 deposit to and they just said the refund is non-refundable. After much toing and froing, turns out that, as anything even remotely business related, you're on your own.
 
You mention the broker. Is it in their terms of business that they can retain the annual commission upon cancellation. They may have done this?

Just a thought.
 
You mention the broker. Is it in their terms of business that they can retain the annual commission upon cancellation. They may have done this?

Just a thought.

Indeed...and even if the policy is cancelled it has been earned, so, unfortunately, unrefundable.
 
As with anything nowadays dont necessarily accept what you are told over the phone or by email as gospel. Ask to see the brokers T&Cs as well and if you still think you have a case check who your Brokers and Insurers are regulated by.Go to the relevant regulators if you think you are having the wool pulled over your eyes. Depends how strongly you feel.
 
Indeed...and even if the policy is cancelled it has been earned, so, unfortunately, unrefundable.

Perhaps.

But if it actually to be tested it depends on the Ts&Cs that the customer agreed to.

It's not that unusual to have small companies totally unaware of some of the detail (or lack there-of) of their own Ts&Cs.
 

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