Hi, i have just moved my car insurance from AA to Swinton. They have requested proof of claims (no problem with that), and also that i sign and return the consumer credit agreement, as i am paying by installments.

Now, having been once bitten by AA re late payment charges (which i did win back in the end quoting unfair terms and conditions in consumer credit agreements) i read through the T&C's before signing the agreement.

There at three that i particularly dislike , all relating to penalty charges

1. if any payment fails to be made on time we may charge interest at a daily rate on the amount unpaid to tha date which it is paid

2 On each occasion you fail to make a payment on time, you must pay a default charge of such reasonable sum as we shall give you notice of in writing from time to time and you must pay us all costs and expenses reasonably incurred by us in recovering sums you owe to us including without limitation in relation to debt recovery and legal action

3 You agree to pay all reasonable fees and charges incurred by us and our agents if we have to take legal proceedings against you if you break any of the terms of this agreement, or if you do not tell us when you change address. Our fees and charges will be added to your account

Now Swinton say sign it and send it back, but i dont agree with these terms and believe them to be unfair, and a licence to print money! . i notice on the agreement it states "this is a credit agreement regulated by the consumer credit act 1974, sign this only if you want to be legally bound by its terms and conditions.

so do i

a) not sign as i disagree with it

b) sign it and cross out the terms i disagree with and send a covering letter.

or c) sign it and if i do have any issues due to these specific terms , challenge them under the unfair terms and conditions in consumer contract regulations?

d) don't take out the insurance policy and go to another company who's T&Cs you DO agree with.

d) don't take out the insurance policy and go to another company who's T&Cs you DO agree with.

That was my thought on this too.

I know it was a bit sarcastic, it just made me laugh when i read it.

Just made me think of buying a car but hating the colour then complaining 2 months later that you want to return it because you don't like the colour of the car?!

But are there any companies who don't have similar T & C's?

I suspect that they all will have such T&Cs.

Ifd you don't agree by their terms, I'm afraid I doubt they will offer instalments.

1. yes they all have similar terms and conditions

2. You have to make your first payment when you take out the policy, and you dont get the t&c's until after this, by which time you have comitted to the agreement by making the first payment!!!

unfair terms and conditions

the main point was the small print stating that you dont have to sign the terms and conditions if you dont wish to be legally bound by them...so if you dont sign does this mean they cant enforce them?

so if you dont sign does this mean they cant enforce them?

More than likely they will cancel your policy

You could always pay the premium in full if you don't like the credit terms offered.

or you could striek out the terms you dont like, initial the amendments and send it back, making sure you keep a very good copy of course.

chance are it iwll go thorugh in which case they will have been deemed to have accepted your amendments.

On the other hand they pick it up and withdraw the offer of credit.

Could be a good wheeze if you can afford to pay the lot in one go.

Glenn