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I purchased a new work vehicle, used Alphera Financial

Customer Question
I purchased a new...

I purchased a new work vehicle, used Alphera Financial Services (a division of BMW Australia Finance Limited). When signing the finance documents, I was offered 2 types of insurance, Full Comprehensive and Motor Equity. I'm usually a RACQ insurance user and pay by the month, however I was offered this insurance and was told the first 12 month policy payment can be added into my finance package. I thought OK, I may as well keep it all under one banner,

Lawyer's Assistant: What state is this in? And how old is the car?

I signed all the documents for the finance including the last page that said I accept the offers of insurance, took delivery of the vehicle back in February 2017 and have been happily going about my business, feeling comfortable with my new delivery van. On the 2nd of September 2017, one of my staff was driving to a pick up, when a young P Plater ran up the back of her while she slowed down at a round about. The driver admitted fault, however he isn't insured. So I went to place a claim on my insurance, I was told the insurance policy had been cancelled as they didn't receive payment. This was the first I had heard of this. I placed a dispute with the insurance company, they have come back stating the Motor equity insurance policy was paid but the Full Comprehensive was never paid. I have gone back to Alphera Financial Services (the loan provider) and they basically said too bad and are trying to wipe there hands clear. The Insurer has requested the under writer review the case and have come back saying they sent reminders, the policy premium was due and did everything they needed to do and have said they can't offer anymore assistance, I never received any mail.

Lawyer's Assistant: Have you contacted the manufacturer?

Basically I'm left with a vehicle that is impact-able for my business as I can't open the rear doors of a delivery van, No Insurance, and no-one that cares. The van was in the wrong place at the wrong time, we had no idea it wasn't insured due to a lack of communication and fine print. What am I left to do?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We're In Cairns, North Queensland and the van was purchased in February 2017.

Submitted: 10 months ago.Category: Australia Law
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Answered in 8 minutes by:
10/5/2017
Solicitor: John Melis, Lawyer replied 10 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,543
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

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Solicitor: John Melis, Lawyer replied 10 months ago

Dear customer, in relation to your important matter, you will need to raise a claim against Alphera Financial Services and potentially the dealer that sold you the vehicle for misleading and deceptive conduct under the Australia Consumer Law in business transactions for the failure to insure the vehicle when they had agreed to. This means the process which is a civil claim will be lengthy, and if the vehicle needs to be repaid urgently, the claim should be started as soon as possible. This type of claim is filed in the Magistrates Court. Based on the facts that you have raised in the post you have a claim against the parties noted.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Please don’t forget to leave positive feed back.

Kind regards
John Melis

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