EVER SEEN WORSE TH>N MORE TH>N? – INSURERS AT IT AGAIN (6)
Below is the text of a letter sent by MORE TH>N, a trading name of Royal & Sun Alliance Insurance plc, to a solicitor’s client questioning whether the client had actually instructed those solicitors at all. That appears to be an actionable libel, but let that pass.
The letter then assumes that the client has indeed instructed the solicitors. It asks the client to confirm that fact and writes to this client of a firm of solicitors on the other side:-
“When responding we would also ask that you confirm how you came to instruct the firm in question?” [sic]
“Did someone else refer you to them?
Did they contact you direct?
Did you contact them direct?”
Towards the end the letter says:-
“Deliberately fabricating losses, or exaggerating the value of your losses, is an offence under the Fraud Act 2006.”
Imagine a solicitor writing that to a lay client on the other side who has already instructed solicitors. That would be getting into striking off territory. It is potentially contempt of court to seek to dissuade another solicitor’s client direct from pursuing a claim by what could be construed as a threat, where those solicitors have initiated a claim through the court process, which lodging a CNF clearly is.
It gets worse.
The client telephoned MORE TH>N and was offered £1,500.00 direct and told that her solicitor, Infinity Law Ltd T/A DGM Solicitors as in the letter, would charge her more and she would come out with hardly anything.
They also told her that she had 14 days to cancel and so her solicitors could not charge her anything.
Thus a client protection measure – the right to cancel – becomes a way of the other side, seeking to prevent the client having legal representation. That is obviously very harmful to the client and causes far more damage than not having the right to cancel in the first place. The other side here is a massive insurance company.
The writer of this letter, without irony, is described as a “Customer Services Director”.
Here is a link to the actual Letter, the text of which is set out below.
PO Box 21561
T 0330 1023630
F 01403 325889
07 August 2015
Date of Accident:
We have received a personal injury claims notification form from Infinity Law Ltd T/A DGM Solicitors, advising that that you have asked them to make a claim for injury on your behalf following a road traffic accident on the above date.
In the interests of preventing fraud, which has been on the increase, we hope you will not mind us writing directly to you in order to confirm that you are aware that Infinity Law Ltd T/A DGM Solicitors have made a claim on your behalf alleging you have suffered whiplash as a result of the above accident.
What to do Next
This depends on whether or not you have asked Infinity Law Ltd T/A DGM Solicitors to make a claim for these injuries on your behalf.
If you have asked the solicitors to make a claim on your behalf:
If you did ask these Solicitors to make a personal injury claim on your behalf, then we would be grateful if you could please confirm this to us. When responding we would also ask that you confirm how you came to instruct the firm in question? Did someone refer you to them? Did they contact you direct? Did you contact them direct?
After we hear from you, we will; not contact you again directly, and will deal exclusively with your solicitors.
Please contact us using any of the following methods quoting reference:
Telephone on number 01422325255
Post Po Box 256 Wymond, NR18 9DQ
If you have not asked the solicitors to make a personal injury claim on your behalf:
If you have not asked Infinity Law Ltd T/A DGM Solicitors to make a claim for injury against our policyholder please contact us without delay by calling this dedicated number 01422325536 or by e-mailing us at firstname.lastname@example.org. We will take immediate steps to protect the position of your personal data and will also look into this matter further on your behalf.
If you do not want to pursue a personal injury claim, but have been told by an agency or other party that you will be charged a fee, please telephone us on 01422325536 and we will be happy to offer you further assistance.
It would be helpful if when writing you provide a telephone number in order that we can contact you to discuss this matter further.
Please be assured that any communication will be dealt with in confidence.
General Information for all Claimants:
Like most people we are sure that you will agree that exaggerating or making up claims against insurers is wrong, it cause motor insurance premiums to increase, and puts genuine victims of accidents in a bad light. We thank you for your assistance in helping us and the insurance industry as whole combat fraudulent claims.
As part of the claims process, we are obliged by law to register your personal details with the Department for Work and Pensions (DWP) Compensation Recovery Unit. The DWP works with insurers to recover benefits arising out of insurance claims.
We also pass claims information to the Claims and Underwriting Exchange (CUE), MIAFTR and other databases in order to assist with the prevention and detection of fraud. We may also search these and other databases, as well as share claims data with other insurers and organisations for the same purpose.
Deliberately fabricating losses, or exaggerating the value of your losses, is an offence under the Fraud Act 2006.
Thank you for your attention and assistance.
Customer Service Director
See also my related blogs as listed below:-