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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10916
Experience:  30 years as a practising solicitor.
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Hi... My wifes car was recently written by the insurance company

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Hi... My wife's car was recently written by the insurance company off after it was involved in an RTA. The car was under finance and the insurance settlement, paid direct to the finance company, left a shortfall £1100. We believed that this shortfall was covered by Combined GAP & VRI Insurance... see below:

AMS Asset Secure® Dual Protection, Combined GAP PLUS pays the difference between your customers' (private and business) write-off insurance settlement and the vehicle's original invoiced cost or outstanding finance under any type of finance agreement, whichever is the greater. Available over 2, 3 and 4 year terms.
CHOICE OF BENEFIT: £5,000, £10,000, £15,000 or £25,000.

My son, who acts for his mother regarding any car related matters, approached Peter Vardy Vauxhall, who sold the car to my wife/son (14/07/2011), to ask how they would go about making a claim. They informed my son that there was no GAP insurance recorded on the sale of that vehicle. My son told them that this was not correct and he showed them the original signed sales documentation clearly stated the inclusion of this insurance at a cost of £299.17p. He was asked to wait whilst they looked into the matter. After some time they came back and showed my son another, unsigned, sales document showing a different type of warranty insurance purchased at the same cost. This cover did not include the financial protection in the event of a total loss. They said that my son must have changed his mind and he told them that he didn't and that they, having taken the premium and not set up the insurance, were guilty of defrauding his Mum. My son was angry at this stage and the chap dealing with him tried to placate him by saying "look we'll pay off the difference if your Mum buys a new car from them". My son left before he hit him. My wife has spoken to them on the phone but they are unwilling to concede that they are wrong.

My question is where does my wife stand as regards XXXXX XXXXX taken but the cover that never was and does she have grounds for pursuing in them in court?
Thank you for your question.

From what you say there is no doubt that your wife would win court proceedings against Vardy. You have the paperwork showing that the cover was purchased and the premium paid. Vardys have nothing except an unsigned document.

You should check if a letter has been written to them. If not get a solicitor to do so in the strongest terms. You can also report them to trading standards and the financial services ombudsman.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
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