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WARNING FAKE SHORT TERM INSURANCE POLICIES
BB Law
post Wed, 27 Jul 2011 - 11:21
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No doubt the majority of users on this forum would be too clever to get caught out by this scam but for those who can sometimes be a little too trusting / naive, here's a story to bear in mind when purchasing a short term insurance policy (or indeed a long term policy). The outcome of the story may also be of interest to some forum users.

'X' (an intelligent medical student) decides to return from uni in London for holidays and wants to use a vehicle whilst he is home. X searches google for a short term insurance policy and the first page search result displays a local independent broker's telephone number. X calls the number and the broker attends X's address later that day, shows him an insurance ID card and persuades X to purchase a 28 day policy with a car insurance company called 'GO INSURE', who have a website that on the face of it looks fairly professional but in actual fact is just one of these pre-made websites probably waiting to be sold to a genuine insurance company who want a ready made web presence. X agrees to pay him £130 cash and the broker returns later with a very genuine looking insurance certificate, which has a 0845 number on it for customer services. X calls the number just to check he is covered and the number goes through a genuine sounding automated service before connecting X to a customer services operative who confirms all is ok. X is stopped by the police 7 days later as the vehicle is showing on the computer as uninsured, X is given a producer. X can't find the insurance certificate due to turmoil in the house after a death in the family and X is subsequently summoned for No Insurance and Fail Produce Insurance.

It turns out the broker was a fraudster who had got his number high on the google search pages and who had sold X a fake policy.

CPS refused to drop the case on public interest grounds (perhaps a bit mean of them but fair enough, its their discretion), so X pleads guilty with special reasons to the No Insurance (as it is a strict liability offence) and not guilty to the Fail to Produce (as he had a reasonable excuse for not doing so).

Fortunately for X the Magistrates yesterday were very sensible and accepted he had been the victim of a con, accepted his special reasons argument, imposed no points /absolute discharge and gave him half his costs after the CPS dropped the Fail Produce Insurance allegation.

X was fortunate that this ended in the way it did but others may not be so lucky, so please be extra careful when purchasing insurance!!

BB Law


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BB Law's posts are for general information only and are based on general principles of the law, they do not constitute specific legal advice and should not be relied upon as such. BB Law does not accept instructions via this forum and does not enter into a solicitor-client relationship via this forum.
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post Wed, 27 Jul 2011 - 11:21
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Nagoya
post Wed, 27 Jul 2011 - 11:35
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I find the story unbelievable. What proof did X have the any of what he said actually happened ? He had no certificate, paid in cash so I cant see why the mags would have believed him. He must had had some evidence the whole thing actually happened otherwise anyone could say some bloke came to my door I gave him some cash and he gave me a certifcate which I have no lost. Which court was it ?
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BB Law
post Wed, 27 Jul 2011 - 11:50
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He was a genuine guy who was very embarrassed to say that he had been duped. Yes with hindsight he knows he would now do things differently but this was the first time he'd purchased an insurance policy and the insurance salesman was very convincing. He managed to find the original certiifcate, which he produced at court, which helped support his case.

The burden of proof for special reasons is the balance of probabilities and in this case X was able to show it was more likley than not that he was the victim of a scam.

I can't give you the court name as that may lead to X being identified.

BB Law


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BB Law's posts are for general information only and are based on general principles of the law, they do not constitute specific legal advice and should not be relied upon as such. BB Law does not accept instructions via this forum and does not enter into a solicitor-client relationship via this forum.
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The Rookie
post Wed, 27 Jul 2011 - 11:54
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Of course its a great scam as probably 95% of the time the uninsured driver will not be caught and therefore the crime will never even be detected as having occured as there would be no victim (as such).....

Simon


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BB Law
post Wed, 27 Jul 2011 - 11:58
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The sad thing is the police had absolutely no interest in investigating the scam, even though we communicated to the police that X would be more than willing to assist them with finding the rouge broker, by providing mobile phone number, name given, description, web search details, etc etc.

It may have been dificult for the police to trace the scammer never mind prosecute him but they could at least have looked into it.


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BB Law's posts are for general information only and are based on general principles of the law, they do not constitute specific legal advice and should not be relied upon as such. BB Law does not accept instructions via this forum and does not enter into a solicitor-client relationship via this forum.
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jobo
post Wed, 27 Jul 2011 - 12:23
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QUOTE (BB Law @ Wed, 27 Jul 2011 - 11:58) *
The sad thing is the police had absolutely no interest in investigating the scam, even though we communicated to the police that X would be more than willing to assist them with finding the rouge broker, by providing mobile phone number, name given, description, web search details, etc etc.

It may have been dificult for the police to trace the scammer never mind prosecute him but they could at least have looked into it.


that would have cut the legs of their case against your client

i wonder if said broker has been taking the ACC out to lunch or paying for health spas

the police seem particularly unwilling to put any resources into internet scams, my mate was fleeced of 4 k and the police just shrugged at him when he reported it, cavat emptor, it seems ?


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BB Law
post Wed, 27 Jul 2011 - 12:35
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Jobo - some might say its too much like hard work for them, plus its easier to prosecute for No Ins!


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BB Law's posts are for general information only and are based on general principles of the law, they do not constitute specific legal advice and should not be relied upon as such. BB Law does not accept instructions via this forum and does not enter into a solicitor-client relationship via this forum.
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southpaw82
post Wed, 27 Jul 2011 - 19:39
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QUOTE (jobo @ Wed, 27 Jul 2011 - 13:23) *
the police seem particularly unwilling to put any resources into internet scams, my mate was fleeced of 4 k and the police just shrugged at him when he reported it, cavat emptor, it seems ?


Funny, I did an Ebay fraudster for fraud and money laundering. Not only put him away but took his flat, car and cash off him too. Good times!


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captain swoop
post Fri, 29 Jul 2011 - 19:16
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Has Mr X reported it to the police asa crime or did he just bring it up as part of his defence?

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BB Law
post Sun, 31 Jul 2011 - 10:27
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Captain Swoop

Both!


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BB Law's posts are for general information only and are based on general principles of the law, they do not constitute specific legal advice and should not be relied upon as such. BB Law does not accept instructions via this forum and does not enter into a solicitor-client relationship via this forum.
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henrik777
post Sun, 31 Jul 2011 - 22:53
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They didn't think much of hacking for a while. It might help if the scammer was called Rupert, James, Glen or has a Ginger mop hairstyle.
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