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Unlock Category: 5. Insurance, banking and finance

Disclosing unspent convictions to existing insurers

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Aim of this information

This information highlights what you need to consider before disclosing unspent convictions to an existing insurance company.

Why is this important?

The majority of our information on insurance focuses on purchasing new insurance policies and the impact that unspent convictions can have.

However, it’s also important to consider what to do if you have an existing insurance policy and have an unspent conviction. For example, you might just have been convicted, or overlooked the fact that you were asked about unspent convictions when you took out the policy.

If your conviction was unspent when you took out the policy, and you didn’t disclose this when asked, your insurance is potentially invalid.

What you need to consider

Point 1 – Did the insurer ask about your convictions?

Firstly, look at what the insurance company asked you. Take a look at your latest renewal documents. You might have to go back to your original policy documents. You’re trying to work out what you were asked when you last took out a policy with them (this includes your latest renewal).

Remember, you only have to disclose if you’ve been asked.

For example, if you received a theft conviction and were asked by your motor insurer to disclose only motoring convictions, you don’t have to disclose.

If you were asked, you then need to compare when you were convicted with what the insurance company require from you.

Point 2 – When were you convicted?

You then need to consider when you were convicted – was it during your current policy, or before the policy started? This is important, as it will have an impact on what you do next.

Convicted during the policy

If you were convicted during your current policy, you should check your insurers approach to ‘mid-term changes’. Insurers have a duty to inform you within your policy documents of your obligations in terms of disclosing any changes to your circumstances. Unless there is a explicit condition in your policy, you do not have to disclose convictions obtained during a policy, until your next renewal.

Some will ask you to notify them of changes like a conviction, whereas others will say that you need only notify them at renewal. We’ve seen a few that are quite specific about what types of information they need notifying of mid-term, and convictions may be in this list.

If mid-term changes don’t need to be notified, you can continue with your policy until renewal. At renewal, you should find alternative cover (see below).

Convicted before the policy started

If your conviction was unspent when you took out the policy, and you have not disclosed this when asked, your insurance is potentially invalid.

You should decide whether you want to notify your current insurer (and risk your policy being cancelled), or seek alternative insurance before cancelling the policy yourself. Bear in mind that if your policy ends up getting cancelled, this can cause problems in getting further insurance. You may find it useful to call your current insurer anonymously to ascertain what their approach would be to somebody in your situation.

Generally, we would advise that you should look to cancel your insurance and seek insurance elsewhere, as they asked you about unspent convictions and you didn’t disclose (see below).

If your insurance company decides that they want to end your policy, they may give you a period of notice so that you have time to find insurance elsewhere. However, they are not legally obliged to do so where an unspent conviction has not been disclosed.

Why cancel the policy and find alternative cover?

If you didn’t disclose when asked, there is a risk that your existing insurer could cancel your policy due to ‘non-disclosure’.

Instead, we suggest you cancel the policy and find alternative cover. You can do this using the list of insurance brokers that we produce.

Why? Having insurance ‘cancelled’ or refused can create problems further down the road, even once it’s spent. Although once your conviction is spent you do not need to disclose it to insurers, you will normally be asked whether you’ve had insurance cancelled, and the legal position is unclear as to whether the Rehabilitation of Offenders Act 1974 covers you in saying “no” to this question if the cancellation relates to a conviction that is now spent.

For more information

  1. Practical self-help information – More information on insurance, including a list of companies that can insure people with unspent convictions, is in the insurance section of this site.
  2. Discuss this issue – Read and share your experiences in the insurance section of our online forum

Get involved

Help us to add value to this information.  You can:-

  1. Comment on this information (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online peer forum

Criminal records and credit ratings

Introduction

The majority of lenders use credit reference agencies to share factual information with each other about the credit their customers have and how it’s repaid. Agencies combine these records with information from public registers such as the electoral roll and court judgments to produce your credit report.  The three credit reference agencies operating in the UK are Experian, Equifax and Callcredit.

Any information collected about you is used to compile a credit report which produces a numerical value referred to as a ‘credit score’. This score is important as it is used by many lenders to decide whether or not you are credit worthy.

Since the credit crunch of 2007, credit reports and scores have increasingly become an important consideration for organisations in and beyond the financial industry. Credit scores not only have implications for mortgages, credit cards and loans but can be used by mobile phone companies that provide contracts, car and home insurers and utility companies.

Getting a copy of your credit report

When requesting a copy of your report, credit reference agencies may ask for supporting evidence of your identity if they cannot verify it from your initial application. This inability to verify may be due to a lack of electoral roll evidence or a lack of credit activity. This supporting evidence could be a copy of a utility bill, driving licence, passport, bank statement etc.

You will be asked to supply your address/es for the past 6 years so that the credit reference agency can show you everything that a creditor is able to see about you when doing a credit check. You don’t have to give the dates when you were resident at those addresses to the credit reference agency and if your credit report does not have one of those addresses listed already, by providing it, you are allowing the credit reference agency to add it to your list of previous addresses.

You don’t HAVE to give a previous address just to get your credit report (unlike when applying for credit, if you’ve lived somewhere less than 3 years). However, if you don’t provide it, then you won’t be sent any information held about you at that address. The credit reference agency merely uses the addresses you supply to retrieve information listed on its database about your credit activity at the address/es you give. If you were not credit active whilst in prison that ‘address’ is irrelevant, so you could apply just with the address you are happy to go on record. However, if there is any financial information at an HMP address, this will not be disclosed on the copy of the report that you receive but may come up in a future application for credit.

It is unlikely that failing to declare an HMP address as a previous address when applying for your credit report would be classed as misrepresentation as it could quite reasonably be argued that:-

  • You were asking to see information about yourself only at the addresses you provide
  • There would be no credit history listed about you at a prison address (if you were not credit active)
  • It is not considered a ‘home’ address

Also, you are not legally obliged to tell a credit reference agency anything: the information it holds is provided by the lenders who share details through its database.

Experian have stated to Unlock that they understand the sensitivities around this issue and, as a result, as long as there is no adverse data at an HMP address, they will happily remove any ‘address links’ between these and your residential addresses. However, to kick start this process, you would first need to get a full credit report to enable them to tidy things up.

Applying for your credit report whilst in prison

Experian are able to provide free credit reports to anybody in prison. Citizens Advice caseworkers and others who work with people in prison on issues surrounding unmanageable debt can obtain application forms to obtain free credit reports for people in prison by emailing appforms@uk.experian.com.

A credit report application form must still include proof of identity.  You may be able to use the template contained in PSI 35/2009 (copies available in the prison library) as identification.

Credit score and criminal records

It is impossible to say exactly what effect any information on your credit report will have on a credit application as lending decisions are made by the lenders themselves and not the credit reference agency – although evidence of bankruptcy, County Court Judgments and defaults on loans are not going to help.

Details of criminal convictions are NOT included on a credit report, and therefore, should not directly affect your credit score. However, they can affect you indirectly:-

Closure of a bank account – Banks can close accounts at any time without giving you a reason for doing so. This could be because they become aware of a conviction or because your account becomes inactive for a period of time. The closure of an account may have a negative effect on your credit rating

Prison address – If you had provided a prison address as one that you had been living at, this could flag up to lenders that you have a criminal conviction. We have little evidence to show this happens, but it could technically happen, for example when applying for a mortgage.

Home address – If, as part of your license conditions you have to change address, your credit report could show several different addresses within a short period of time. This may have a negative affect on your credit score as lenders may see this as a sign of instability. In addition to this, not having a fixed land-line telephone number may also have a negative effect on your credit score.

Late payments – If you had debts prior to going to prison, it is important that you make contact with your creditors to inform them of the change in circumstances. Serving a prison sentence may mean that you are unable to meet a payment agreement made with a creditor. Failure to make payments on time will have a negative effect on your credit score, as lenders will see this as a sign of unreliability and poor money management.

Fraud – Information regarding fraud convictions does not have a direct impact on your credit score. However, CIFAS (Credit Industry Fraud Avoidance System) may flag your name up to potential lenders. This information is not used to produce your credit score, but it will be included in a detailed version of your credit report. For further information see here.

Improving/correcting your credit score

Under the Data Protection Act, credit reference agencies must provide you with a “Statutory Credit Report” for a fixed fee of £2. You need to provide your full name, date of birth, current address and previous addresses for the last six years.

The statutory report contains your basic credit file and should be posted to you within seven working days although agencies can ask for further proof of your identity before supplying the information. Each agency will provide more detailed information – including in some cases instant, continuing and online access to your file – for a higher fee.

There are measures that can be exercised in order to make improvements to your credit score. For details see Money Saving Expert. You also have the right to dispute any inaccurate information contained on your credit file. The information collected by credit reference agencies is not always accurate, and as a result of these inaccuracies, your credit score may be negatively impacted. To resolve inaccuracies, you must contact each credit reference agency respectively. For more information visit Experian, Equifax and Callcredit.

Funding Opportunities

This is for information only.  We are unable to provide advice on this.  For reasons why, click here.

Background

Seeking funding for a particular purpose is one way to try and rebuild your life. There are a number of options available to people with convictions.

There are, in particular, some funders who specifically provide funding for serving prisoners, those who have recently been released, and those who have recently received a criminal conviction.

There are, of course, other mainstream funding options available, which are not specifically aimed at people with convictions.

There are also funders specifically aimed at education and training.

If you are looking to become self-employed or start up your own business, there is other information available too.

Are you in prison and looking for funding?

  • Speak to your education department regarding educational courses that are available which are supplied by the prison. These are often provided free of charge.
  • There are some funding organisations who will only give funding to approved course providers. Does your course fit this criteria? They may also require a small contribution from you.
  • Ask about any contributions to courses available from the governor (Governors loan)
  • Look at the Prisoner Funder Directory for detailed list of available funders. This is available online, but should also be available through the prison library.

Do you have a criminal conviction and are seeking funding?

  • Take a look at the Prisoner Funder Directory
  • Ask in your local library for “The Guide to Grants for Individuals in Need”. This contains charitable trusts and funders, split both geographically and thematically.

Other funding options

Services provided to people in prison, on probation or in the community

Many organisations that provide services to serving prisoners, people on probation or people with convictions in the community sometimes have, as part of the service that they provide, the ability to cover the costs of funding certain things, such as the costs of training courses, equipment for a particular job, the costs of furnishing for a house.

If you are currently receiving help from an organisation, or have found out about details of organisations that help people in your situation, you should enquire as to whether they have the ability to fund as part of their work.

One notable example of the ability to provide funding is through the HMPPS/ESF Co-financing project (details are available here) where regional and local providers are often able to cover the costs of training and undertaking qualifications as they are being funded to help individuals into these kinds of opportunities and covering the costs is one way in which they can do this.

There are charities which offer grants to people in need based on set criteria – the area in which you live, job sector you work in or intend to work in etc. Turn2Us operate a website which holds details of around 3,000 grants. It allows you to search for any that are available based on your personal circumstances.

Mainstream funding routes

In many cases, the fact that you have a criminal record doesn’t open up any new funding opportunities, but nor should you find that it closes other opportunities down. For example, the fact that you have a criminal record shouldn’t prevent you from getting support in accessing training or courses through your local Job Centre.

People often find that when they move on from the criminal justice system, agencies that work with “offenders/ex-offenders” are limited in what help they can offer. However, you will find other opportunities available, not because you have a criminal record, but simply because you are unemployed, or in need of training or basic skills.

Funding for education and training

The Government operate several means of obtaining funding for education or training.

The Student Loans Company offer financial support to anybody studying in higher education to cover the cost of tuition fees and living expenses. The Student Loans Company do not ask you to disclose details of criminal convictions however, UCAS, with your consent, may share details of your application with the Student Loans Company.

24+ Advanced Learning Loans brings ‘student loan style’ financing to college and training courses. The loan only meets the cost of the course fees and would not cover childcare or living expenses. Eligibility depends on:-

  • The type of course
  • The college or training provider
  • Your age
  • Your nationality or residency status

You will not be asked for details of any criminal cautions or convictions and there are no credit checks required.

The Loan Bursary Fund, which is administered and awarded by individual colleges or institutions provides loans to anybody who has been approved for a 24+ Advanced Learning Loan but requires assistance with expenses. Any eligibility criteria will be set by the individual organisation and will be means tested. You may need to disclose criminal convictions when enrolling for certain courses but, it is unlikely that there will be any need to disclose when making a Bursary Fund application. However, as each college/organisation can set their own criteria you should check both the application form and the small print.

Many colleges offer Discretionary Learner Support Grants to anybody over the age of 19 who faces financial hardship. It is means tested and the amounts available will depend on your personal circumstances. As the application process is different for each college, it is not possible to say with certainty that a criminal record disclosure would not be required. However, is seems unlikely that a college would accept somebody onto a course with a criminal conviction only to deny them finance based on this conviction.

The Government offer financial assistance with travel costs, childcare, equipment or uniform purchase (for specific jobs) from its Flexible Support Fund which can be applied for at Jobcentre Plus offices. Funding does not necessarily need to be in direct relation to education or training, it can be available for difficulties encountered whilst working. The grant is means tested and eligibility will be assessed at an interview conducted at the Jobcentre. The Jobcentre’s Central Enquiry Office have confirmed that disclosure of a criminal record is not part of the general application process but decisions are made on a case by case basis and it would be unlikely that a conviction would negatively affect an application if a disclosure were required.

Professional and Career Development Loans are bank loans that can be used to pay for courses and training that help with your career to getting you into work. Loans offered are between £300 and £10,000 and are offered at a reduced interest rate whilst you are studying. To find out which banks offer loans and request an application pack, contact the National Careers Service on 0800 100 900. You will not be eligible to apply for a Professional and Career Development Loan if you are in prison or a Young Offenders Institution or have been released on temporary licence. If you have been released from prison or a YOI but remain under supervision in the community you would be eligible to apply.

City and Guilds offer a small number of grants to those who wish to study for a City & Guilds qualification. There are only a small number of grants available and City & Guilds will assess applications on a needs basis – therefore a genuine financial barrier to your undertaking a City & Guilds qualification will need to be evidenced. Previous grants have been provided grants for:-

  • Childcare costs
  • Course costs
  • Living expenses whilst undertaking the course
  • Travel expenses

Generally, City & Guilds do not ask any questions about criminal convictions however, you should bear in mind that if you are applying for funding for a qualification which would require full disclosure of a criminal conviction, then City & Guilds may ask specific details about any cautions or convictions. This may influence their decision on whether to grant funding.

Motoring convictions and the Rehabilitation of Offenders Act

Help us – As part of our policy work we’re working on stopping the sharing of spent motoring convictions by the DVLA

Why is this important?

The Rehabilitation of Offenders Act applies to a number of areas of life, but particularly employment and insurance.

Motoring convictions are treated slightly strangely under the ROA, when compared with other types of offences.

Motoring endorsements

Sadly, the way that endorsements are treated under the Rehabilitation of Offenders Act has not been changed by the 2014 changes. This was in large part because of resistance by the insurance industry. Unfortunately, the knock-on effect of this is that it means that they also remain unspent for other purposes, such as when applying for employment. This is an area that we are actively working on, and are keen to gather evidence of where this is having a disproportionate impact for people.

The result is that an endorsement imposed by a court for a road traffic offence is treated as a sentence under the ROA and becomes spent after 5 years (or two and half years where you are under 18).

Every endorsement has a minimum 5 year rehabilitation period. This is even the case for endorsements that only remain on your driving licence for 4 years. The length of the endorsement is irrelevant. Endorsements that remain on a licence for 11 years do not stop the conviction relating to the offence from becoming spent earlier, subject to the other elements of the sentence.

This also applies to endorsements issued by way of Fixed Penalty Notice for a road traffic offence listed in Schedule 2 to the Road Traffic Offenders Act 1988 (see below for more information).

There remains a lot of confusion about the way that motoring convictions are being dealt with under the ROA, particularly given the way that motoring offences are recorded (or not) on the Police National Computer, and what this means in practice for individuals in terms of applying for employment and insurance. We are working on some specific guidance on this, so if you have any information or experiences that you think would help with this guidance, please send them to policy@unlock.org.uk.

Penalty points

Penalty points imposed by a court become spent when they cease to have effect. Under road traffic legislation, penalty points may be taken into account for ‘totting up’ purposes for three years, hence they have a three year rehabilitation period.

However, it is our understanding that penalty points are only ever issued alongside an endorsement, and so the 5 year period for the endorsement will normally be more relevant.

Driving disqualifications

The rehabilitation period for a driving disqualification is the length of the disqualification. If you are disqualified from driving and at the same time receive another penalty, the longer of the two rehabilitation periods applies.

Driving disqualifications will normally come with an endorsement, so the 5 year period for the endorsement will be applied, unless the period of the disqualification was longer than 5 years, in which case that period will be used to determine the spent date.

If you are banned from driving for seven years and also fined and receive an endorsement on your licence, although the fine becomes spent after 1 year, and the endorsement is spent after 5 years, the rehabilitation period for the conviction would be 7 years.

Motoring fines

A fine on its own under the ROA is 1 year, but for motoring offences dealt with by way of a court imposed conviction, it will normally come along with an endorsement, which has a 5 year rehabilitation period.

Multiple motoring disposals

Where the court imposes more than one sentence or penalty for the offence then the longest rehabilitation period determines when the conviction may become spent.

If you go to court and get convicted with a sentence of a fine, an endorsement, penalty points and a 1 year driving disqualification, the conviction will become spent after 5 years because the endorsement carries the longest period.

Fixed penalty notices for road traffic offences

A Fixed Penalty Notice (FPN) can be used to deal with minor road traffic offences, but it is not a criminal conviction or a caution.

However, if you are given an FPN for a road traffic offence in Schedule 2 to the Road Traffic Offenders Act 1988, and your licence is endorsed, then (in line with s. 58 of that Act) the endorsement is treated as having been given by a court following conviction of the offence and is subject to a 5 year rehabilitation period, from the date the FPN was issued.

A full list of the offences covered by this are available here. Examples include:

  1. Exceeding the speed limit
  2. Failing to provide a specimen of breath for a breath test
  3. Failing to stop motor vehicle when required by constable
  4. Refusing to give, or giving false, name and address in cases of reckless, careless or inconsiderate driving or cycling

Where section 58 of the Road Traffic Offenders Act does not apply, an FPN is not a conviction. FPN’s do not appear on basic disclosure certificates.

Differences between endorsable and non-endorsable offences

Regardless of whether an offence was dealt with by FPN or whether it went to court, it is important to know whether the offence was an ‘endorseable’ or ‘non-endorsable’ offence, as this will determine whether your licence was endorsed and therefore whether the offence is subject to the 5 year rehabilitation period for endorsements.

We are planning to produce specific guidance on this shortly. In the meantime, the easiest way to find out if you received an endorsement on your licence is by checking with the DVLA. You can contact the DVLA by calling 0300 790 6801 or writing to Drivers Customer Services, Correspondence Team, DVLA, Swansea, SA6 7JL.

Differences between spent periods and licence periods

The length of time that motoring offences stay on your licence is governed by road traffic legislation. This is entirely separate to the time it takes for it to become spent under the ROA. It is perfectly possible for a motoring conviction to become spent under the ROA, but still be on your licence.

If you are fined for drink-driving and have your licence endorsed and receive 3 penalty points, the rehabilitation period would be five years (because of the endorsement), although it will stay on your driving licence for 11 years.

There remains some confusion around motoring offences, the ways in which they link with your criminal record, and the reasons for the DVLA retaining data once it is spent under the ROA. For further information about DVLA records see here..

Pensions

This is a short information page giving brief details of what happens to your pension whilst you’re in prison. It’s for information only.  We are unable to provide advice on this.  For reasons why, click here.

 

What happens to my pension whilst I’m in prison?

Retirement pension is suspended when you go to prison. This means that you won’t actually receive any pension payments whilst you are in custody. If you have been held on remand but are not convicted of a criminal offence, you will receive all your pension back payments in a lump sum when you are released. If you are convicted, you lose your rights to a retirement pension until you are released.

You should be able to start a claim for state pension or pension credit just before leaving prison. However, payments will not commence until the Pension Service has received a ‘Notification of Discharge from Prison’ (Form B79).

Will my pension entitlement be affected by being in prison?

While you are in prison and not working or claiming benefits, your National Insurance Contributions will stop. This means that when you come to claim some benefits (i.e. State Retirement Pension), you may not be entitled to the full amount. Some people choose to pay voluntary contributions to plug the gap. However, you will need to consider carefully whether you need to top up. It may not always be right or beneficial for you to pay additional contributions as your entitlement to State Pension depends on how much you’ve already contributed and the date you reach State Pension age.

The amount of basic State Pension you are entitled to is based on your National Insurance Contributions record over your working life from age 16 until State Pension age. Your record comprises National Insurance Contributions paid or credited to you in each tax year. A minimum amount of contributions or credits is required for a year to count as a ‘qualifying year’ towards your overall contributions record.

Qualifying years needed for entitlement to the full basic State Pension

Pension Qualifying Years

How do I know if I have a gap in my National Insurance Contributions record?

‘Gap in your National Insurance record’ letter – If you reach State Pension age before 6 April 2016 you may have received a letter from HM Revenue & Customs (HMRC) telling you that there is a gap in your record. The letter isn’t a bill – but it will tell you how much you can pay if you want to fill the gap and how you can pay if you opt to do so.

State Pension Statement – The Department for Works and Pensions Future Pension Centre can provide you with a State Pension Statement that will give you an estimate of your State Pension based on current rules. Once you have this you can also tell whether there are any gaps in your National Insurance Contributions Record.

Statement of your National Insurance account – You can ask HMRC for a Statement of your National Insurance account. It will tell you how much, if anything, your gap is, whether you are able to make up that gap, and how you can pay if you wish to do so.

Deadlines for making up National Insurance Contribution gaps

You usually have to make up the gaps within six years of the end of the tax year for which the National Insurance contributions are being paid. However, there are extended time limits for some tax years and special rules if you reach State Pension age either between 6 April 2008 and 5 April 2015 or after 6 April 2016.

When you’re in prison, either on remand or convicted, you are not liable for any National Insurance Contributions and you will not receive any National Insurance credits.

National Insurance contributions – With the exception of those at the end of their sentence and working outside of the prison, prisoners are not liable to pay NI contributions. They can however make voluntary contributions towards their State Pension. Voluntary contributions can be paid up to six years after the tax year in which you were released from prison. If you were self-employed before your custodial sentence, you can continue to voluntarily pay Class 2 contributions.

National Insurance credits – These can be awarded to individuals who are incapacitated and unemployed and regarded as being temporarily out of work. This does not apply to convicted prisoners. This means that, if you do not voluntarily pay contributions after leaving prison to cover any shortfall to your NI contributions, you may receive a reduced State Pension in the future.

More information

  1. To discuss this issue with others – Read and share your experience on our online forum
  2. Questions – If you have any questions about this you can contact our helpline.

 

Insurance and convictions – A simple guide

Summary

This information provides a quick summary of the issues facing individuals with unspent convictions when purchasing insurance. It applies to ‘consumer’ insurance only. This includes home (buildings and contents) insurance, as well as personal motor insurance. For more information, and for details on commercial insurance, these can be found in our detailed guide.

Key facts

  1. You only have to disclose convictions if you are asked.
  2. If you’re not asked directly, make sure you check any assumptions and terms/conditions of cover (you can usually find these in your policy documents).
  3. If asked, you DO NOT have to disclose any convictions that are spent under the ROA.
  4. If asked, make sure you get written confirmation of what you’ve disclosed.

Why am I asked about convictions?

Most insurance companies ask about criminal convictions because they believe it is relevant to the risk. Although this often seems unfair, they are entitled to ask.

If asked, you need to answer this question honestly and accurately. The questions will normally include the convictions of everyone covered by the policy, such as children or a partner.

If you are not asked, you do not need to disclose.

Rehabilitation of Offenders Act

Once a conviction is ‘spent’ under the Rehabilitation of Offenders Act 1974 (ROA), it never has to be disclosed to insurers. This is the case no matter what question an insurer asks you. Detailed guidance on the ROA is available here.

How do I know whether my convictions are spent?

The ROA is complicated and you may not know whether your conviction is spent or not. However, there are a number of ways you can work out whether a conviction is spent. You can;

  1. Use Unlock’s online disclosure calculator. (You’ll need the date of conviction and details of the sentence or disposal you received in court).
  2. Apply for a copy of your basic Disclosure and Barring Service (DBS) certificate. Anything which appears on this will need to be disclosed to the insurance company.

If you’re not sure what’s on your criminal record, you can apply for a copy of your criminal record (often referred to as a Subject Access Request) from the ACRO Criminal Records Office.

When do I need to disclose?

You will need to disclose unspent convictions when you take out the policy (but only if you’re asked).

Generally, you do not need to disclose any convictions you receive during a policy until the renewal date.  It’s always worth checking that there isn’t an explicit condition in your policy which asks you to disclose..

During 2015, many insurers, brokers and price comparison websites rolled out MyLicence, a database which provides immediate access to information about a person’s driving records.  For further information see here.

What could happen when I disclose an unspent conviction?

Some insurers may:

  • Refuse to offer you insurance
  • Want to charge you more
  • Impose special terms

If you already have a policy and disclose a new conviction, your insurer may cancel the policy or increase your premium.  Alternatively, they may agree to continue your insurance up until the renewal date.

What could happen if I do not declare an unspent conviction when asked?

If you are taking out new insurance, or already have a policy, it is quite possible that nothing will happen. However, you may be acting illegally and if your insurer does find out, your insurance could be cancelled or your premium increased.

How might convictions affect making a claim?

If you disclosed everything that you were asked about when you took out the policy, there should be no problem.

If you didn’t, your insurance company may ‘avoid’ the policy. This means they will treat it as if it never existed and will not pay out on your claim. This may leave you unable to replace what you have insured, such as your house, car or business.

What if my insurer refuses to pay a claim?

In some circumstances, you may be able to challenge an insurer who is avoiding your policy. If your insurer cannot settle your complaint, you can go to the Financial Ombudsman Service (FOS). The FOS deal with complaints in a way that takes account of both the law and industry good practice. They will consider whether the insurer asked clear questions, whether their decision was influenced and whether you failed to disclose recklessly, deliberately, inadvertently or innocently.

Where can I get insurance?

  • Unlock publishes a list of brokers who specialise in insurance for people with unspent convictions, as well as a list of motor insurers who do not ask about non-motoring convictions.
  • There may be other insurers who are able to provide some cover for people with some unspent criminal convictions. Take extra care when seeking insurance from an insurer who does not ask questions about criminal convictions. Check any assumptions and terms/conditions of cover.
  • If you are asked about convictions, ask for written proof that shows you have disclosed your conviction. You can use this if disclosure is disputed at claim stage.

Insurance and convictions – A detailed guide

List of insurance brokers

Background

  • We have been developing access to fair insurance for people with convictions since 2000. Since then we have worked hard to make it easier for you to get genuine cover at a fair price.
  • Unlock is an independent charity, and so we do not provide insurance directly. We are not FCA regulated and so we’re not able to provide specific insurance advice.
  • The list provides details of a number of insurance brokers that provide specialist insurance to people with convictions
  • The list sits alongside guidance on insurance and convictions and a list of motor insurers for those with non-motoring convictions.

Advice on using the list

All of the companies on the list have confirmed to Unlock that they:

  1. Do not require individuals to disclose spent criminal record information (in line with the Rehabilitation of Offenders Act 1974)
  2. Are able to offer individuals, on request, written confirmation of the information they have disclosed regarding criminal conviction

 

COMPANYTELEPHONE NUMBEREMAIL ADDRESSWEBSITEBUILDING INSURANCECONTENTS INSURANCEMOTOR INSURANCELANDLORD INSURANCETENANTS INSURANCETRAVEL INSURANCEEXCLUSIONS
Adrian Flux Insurance Services0800 089 0341quotes@adrianflux.co.ukwww.adrianflux.co.ukYesYesYesYesYesYesSome sexual offences
AJG0800 496 3255insurancepolicyadmin@aig.comYesYesNoNoNoNoNone
Anchor Underwriting020 8418 9747peter@anchorunderwriting.co.ukanchorunderwriting.co.uk/YesYesNoYesYesNoSexual offences
BG Insurance01892 501852motor@bginsurance.co.ukbginsurance.co.uk/NoNoYesNoNoNoSexual offences & fraud
Bond Lovis Insurance Brokers0800 011 3444
0845 077 8800
commercial@bondlovis.co.ukwww.bondlovis.co.uk/YesYesYesNoNoNoSome sexual offences
Broker2U01245 226318deborah@broker2u.co.ukwww.broker2u.co.uk/YesYesYesYesYesNoNone
Bureau Insurance Services01424 222082cover@bureauinsurance.co.ukwww.bureauinsurance.com/YesYesNoYesYesYesNone
Collingwood Insurance Service0345 470 0010insurance@collingwood.co.ukmotorinsurance.collingwood.co.uk/NoNoYesNoNoNoNone
Complete Cover Group Limited0800 112 4258www.completecovergroup.com/YesYesYesNoNoNoNone
CoverBuilder0333 358 3359help@coverbuilder.co.ukwww.coverbuilder.co.ukYesYesNoNoYesNoSexual offences & terrorism offences
Coversure Insurance0330 124 6874sevenoaks@coversure.co.ukwww.coversure.co.uk/sevenoaksNoNoYesNoNoNoSexual offences
Culpeck Insurance Services Limited01733 208278newbculpeckis@gmail.comwww.culpeck.co.ukYesYesNoYesNoNoSome sexual offences
Delite Insurance Agency01634 570020info@deliteinsurance.co.ukwww.deliteinsurance.co.ukYesYesNoYesYesNoSexual offences
DNA Insurance Services Limited0844 573 2400mail@dna-insurance.comwww.dna-insurance.com/YesYesYesYesYesNoSexual offences
Fresh Start01483 806900info@fresh-start.co.ukwww.fresh-start.co.ukYesYesNoYesYesYesNone
GMI Insurance Services020 8850 5531insure@gmi-insurance.co.ukwww.gmi-insurance.co.uk/YesYesNoNoNoNoSexual offences
Guildhall Brokers & Consultants Limited020 8446 6306quote@guildhallbrokers.comwww.guildhallbrokers.com/YesYesNoNoNoNoMore than 5 unspent convictions
H & R Insurance Services0845 130 2800admin@hrinsure.co.ukwww.hrinsurance.co.ukNoNoYesNoNoNoFraud, theft, dishonesty, handling stolen goods
HomeProtect0845 155 1957sales@homeprotect.co.ukwww.homeprotect.co.ukYesYesNoYesYesNoNone
Insurable0845 077 9949info@insurable.comwww.insurable.com/YesYesYesYesYesYesSexual offences
Insurance Choice01926 680710unlock@insurancechoice.co.ukwww.insurancechoice.co.uk/YesYesYesYesYesYesSexual offences, some fraud, theft & robbery offences
Insurance Factory0844 573 4746enquiries@insurancefactory.co.ukwww.insurancefactory.co.ukNoNoYesNoNoNoSexual offences
Intelligent Insurance03333 11 11 10contact@intelligentinsurance.co.ukwww.intelligentinsurance.co.uk/YesYesNoYesYesNoNone
Keith Michaels Plc020 8329 1163
020 8329 1158
mark@keithmichaels.co.ukwww.keithmichaels.co.uk/NoNoYesNoNoNoSexual offences & fraud
LMI Limited0845 260 8010quotes@lmiltd.co.ukwww.lmibroking.co.uk/YesYesNoNoNoNoSexual offences
MyFirst UK0333 305 5116enquiries@myfirstuk.comwww.myfirstuk.comNoNoYesNoNoNoNone
Need to Insure Limited01623 720081unlock@needtoinsure.co.ukwww.needtoinsure.co.uk/YesYesYesNoNoNoNone
One Insurance Solution0845 034 0833tq.leads@oneinsurance.co.ukwww.oneinsurance.co.uk/YesYesYesNoNoNoSexual offences
Park Insurance0117 955 6835enquiries@parkinsurance.co.ukwww.parkinsurance.co.ukYesYesYesNoNoNoSexual offences
Peacock Insurance Services02476 437600info@peacockinsurance.co.ukwww.peacockinsurance.co.uk/YesYesNoYesYesYesSexual offences
Richard Weston Limited020 8543 6166info@richardweston.co.ukYesYesNoYesYesNoNone
Sky Insurance Brokers0330 333 1255commercial@skyinsurance.co.ukwww.skyinsurance.co.uk/YesYesNoYesYesNoSexual offences
Sale Insurance Services Limited0161 969 6040enquiries@saleinsurance.co.ukwww.saleinsurance.co.uk/YesYesYesYesYesYesNone

 

 

 

List of motor insurers

Background

  • We have been developing access to fair insurance for people with convictions since 2000.
  • Since then we have worked hard to make it easier for you to get genuine cover at a fair price.
  • Unlock is an independent charity, and so we do not provide insurance directly. We are not FCA regulated and so we’re not able to provide specific insurance advice.
  • We have published below a list of motor insurers.
  • The list is based on the feedback we’ve received from clients who have obtained insurance from mainstream providers of motor insurance.
  • It should be read alongside our guidance on insurance and convictions, and the list of insurance brokers.

Advice on using the list

  • Since April 2013, for personal insurance, if an insurer doesn’t ask you about convictions, you do not have to tell them.
  • If your conviction is spent, you don’t need to disclose it.
  • Many motor insurance companies ask about non-motoring convictions. Where they do, even if you think it’s not relevant, you must disclose (although only what is unspent)
  • However, some mainstream insurance companies do not ask about non-motoring convictions. So long as your convictions don’t fall within the questions that the company are asking, you do not have to tell them.
  • The list contains details of some of the major personal motor insurance providers who do not ask about non-motoring convictions (unless otherwise stated) at quotation stage. However, on receipt of the policy documents, all the insurers on the list will ask the policy holder (and any named driver) to disclose any unspent convictions which have not previously been disclosed. In some cases this may result in an insurer cancelling a policy or increasing your premium.

If you find that any of the details are incorrect, or have suggestions of further additions to this list, please let us know by emailing advice@unlock.org.uk.

In the majority of cases, details of any motoring offences can be found on your driving licence. After a certain time, they may not appear your driving licence as they may have been removed by the DVLA. However if the company asks, you must declare all offences in the past five years, even if they have been removed from your licence.

Download: List of motor insurers [PDF]

 

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