Car insurer should have been wiser about our policy
Probes a world of scams and scandals
Mrs G.W. writes: When I received my Marks & Spencer credit card statement, I found my husband had purchased insurance from Be Wiser for a car which is in my name but which he drove until last October, when the DVLA revoked his licence because he was diagnosed with vascular dementia. I had not given permission for my card to be used and the car has been off the road and untaxed since last October. I requested a refund of the premium, but Be Wiser treated this as a cancellation and refunded just £91, followed by £88, so still owes me £136. THE saddest aspect of this is that your husband, who is 87, is in complete denial. When you asked him why he had renewed his car insurance when the fact is that he will never drive again, he replied that he would not always have dementia and – when it ‘goes away’ – then, of course, he will be back behind the wheel.
He even reapplied to the DVLA for his licence, despite being told by its staff in Swansea that his doctor had reported he was experiencing problems with his memory and understanding, making it unsafe for him to drive.
So, there are two ways of looking at how this has left you. The first is that your husband used your credit card without your consent, so Marks & Spencer should reverse the transaction and wipe out the charge.
The other way to regard all this is to point out that your husband is not now capable of making a binding contract for insurance. The fact that he has no licence, and the car is off the road and untaxed, simply highlights the pointlessness of having insurance that can never be used.
If by any chance he did drive and got into an accident, I am pretty sure the policy would be declared void and any claim rejected.
So, the policy is useless and you should not be expected to bear any of the cost.
I asked Be Wiser boss Mark Bower-Dyke to look into what took place. He told me: ‘When speaking to Mr W in February in respect of this renewal we discussed his requirements and the premium had reduced from the previous year of £360.
‘We were not advised that Mr W had a medical restriction on his driving licence.’
Be Wiser did not know that your husband had lost his licence, or that the car was off the road.
The policy has now been declared null and void, as if it had never existed, instead of treating it as having started and then been cancelled.
The final £136 of the premium has been credited back to your Marks & Spencer card. A fair outcome.