Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I was sent a car renewal quote from NW which commenced on 8th January 2009.
I obtained a cheaper quote and took out new insurance. I have today (19th January) contacted NW to confirm wit them that I do not require their insurance, but they say I now owe them £50. I told them that I had never asked for the insurance to be renewed so I should not have to pay for something to which I have not agreed - but they said they would refer it to their debt department.
My understanding under contract law is that silence cannot amount to a contract. In other words, if I were to say offer someone £100 for a car and say if they did not get back to me in a week's time, then the contract would be completed for the sale at £100 , then a contract would not be formed as the other party had not communicated their reply, but remained silent on the matter.
As I remained silent on their offer on insurance, I do not see how a contract was formed between NW and myself and how they can request money for something I do not need or want.
Does anyone agree with this proposition? Any advice appreciated.
Auto-renewal of car insurance is standard practice in the industry and it is legal, however insurers/brokers must notify customers that their policy will continue in force unless they call or write to say that they don't want the policy to be renewed. In other words, they're not allowed to take the renewal premium without letting the customer know that the policy will renew.
FSA rules require insurers and brokers to send policyholders a renewal notice at least 21 days before their renewal date.
When did you receive your renewal notice? What did it say - did it mention that the policy would be renewed unless they hear otherwise?
Their renewal quote is dated December and requests me to tell themm to cancel.
I am , however, adamant that regardless of FSA rules, the law is on my side as I have never accpeted their offer of insurance.
It sounds like they've followed the rules correctly. The FSA regulates all insurance companies and brokers in the UK, so their rules effectively are the law, so far as selling insurance is concerned.
Was there any overlap between the date you cancelled your old NU policy (19th January) and the start date of the new policy? If so, that would mean you had dual insurance. If that's the case, and you made no claims during the period of dual insurance, then what you'd need to do is send NU a copy of the new policy (to prove the dual insurance existed) and then the £50 bill might get written off.
If it's not dual insurance, then I'm afraid your only option would be to pay the £50. This is because you have used part of the renewal policy. This thread describes a scenario very similar to yours.