Hi everyone.

My car ins was with Swinton & despite me telling them on the phone a month before renewal - that they should just send me the quote & if I wanted it - I would call them back - I didn't call them. I renewed with another company and then received a text on sun 27.5.12 from Swinton saying "thx for renewing with us!" As Swinton doesnt open Sundays - couldnt call until monday. I was then assurred by Swinton that I would not incurr a charge as long as I sent them copy of my new insurance to prove I had not used Swinton for that one day!

The following day I received letter from same adviser telling me that I would have to pay £118 for "the period of cover that I had already received"!! - ONE DAY COVER!! Which I didnt anyway as I had renewed on sat 26.5.2012!

The breakdown of this £118 is as follows:-

£50.00 Swinton's cancellation fee

£25.00 Swinton's service fee

£32.00 Swinton's direct debit interest fee (NO direct debit had yet been due or taken!)

£11.00 Provident's insurance fee for ONE days cover (which obviously wasn't needed by me either!)

i have called them and asked to listen to call which supposedly I gave them authority - THEY have listened to call & even though they admit that I didn't give them authority - they are claiming they can still charge me this as its in their terms and conditions!

Their reasoning for this is because in said call I didnt actually specifically say I definately did not want it!! Its worth pointing out that the adviser DID NOT tell me on this call that should Swinton NOT hear back from me - that they would assume i wanted it and thus incurr charges!

Surely the Law states that all t&c should be in clear easy to follow manner?! I have raised complaint with their head office but swinton have already sent me another letter threatening debt collectors and more fees if i dont pay (it has not even been two weeks yet since renewal!) i have called FSA and been given a reference but swinton have 8 weeks to deal with it first before fsa will start!

Obviously i have not signed any credit agreement with swinton - so can this be legal?? any help be much appreciated!!

many thanks everyone.

Hi pretty

Welcome to CAG

I would write a Formal Letter of Complaint Mark it as such, explain whats happened and why it's unfair and that you'll take the matter to the fos.

Send it to Swinton Insurance, Patrick Smith, Chief Executive, [email protected]. uk .

Some tips:-http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html

Some articles:- http://www.guardian.co.uk/money/2012/feb/24/continuous-payments-authority-know-your-rights

Thank you Rebel for swift reply. I am going to do the complaint letter. however, i would also like to have some extra ammunition up my sleeve!!

I am thinking along the lines of unenforceable credit agreement as i know a bit on this subject anyway and i dont think it can hurt to have a bit more adverse info on swintons!!!

It's not a Credit Agreements is it?

http://whatconsumer.co.uk/unfair-contract-terms/

Thank you Rebel for swift reply. I am going to do the complaint letter. however, i would also like to have some extra ammunition up my sleeve!!

 

I am thinking along the lines of unenforceable credit agreement as i know a bit on this subject anyway and i dont think it can hurt to have a bit more adverse info on swintons!!!

When you made the phone call to Swinton ahead of renewal, they should have stopped the auto renewal. You have no contract with Swinton and therefore their terms/conditions are not relevant.

Just make the complaint as advised. Tell them that the way that they have behaved is unfair and if they do not back down, you will advise the FSA and OFT of their conduct.

Hi Rebel and Uncle!

Thx again for swift . Just a quick update - after calling the customer services complaint team yesterday (and a quick call to the fsa first!) - the advisor started to spout terms and conditions etc and I advised him that I knew my rights and that i had already contacted the fsa before calling him! anyway, i wasnt expecting any solution until earliest monday - well he called me back just now and said he had spoken the branch and agreed to waive ALL CHARGES!!!! must admit - i was expecting a fight on my hands - so pleasantly surprised by this sudden swift turnaround! Yesterday the advisor was adament that swinton could do what they wanted as was in t&c!!!

anyway, lovely quick outcome and thx for yr advice.

but rebel, i did do quite a lot of research last nite on the CCA bit and as far as i can see - the credit agreement for this type of "running credit for insurance" is now bound by same/very similar rules. there was a recent amendment to the CCA i think about one year ago which meant that this type of agreement now has more rules in place than it did before. the main one being - that insurance companies can no longer use last years agreement as binding if the amount £ has changed.

they used to be allowed to send a "variation" letter 7days before 1st payment - now they must send a complete new agreement with all usual rules in place (re cooling off period etc) and i believe the pre-contractual info too.

so anyone else on here - having similar problem with any insurance company - it maybe an easier route to take if the normal route is proving difficult!!! ill see if i can find the right link and post up for others!

im not expert but definately worth trying i would say!!

thx again!

Well Done:-)

http://whatconsumer.co.uk/cooling-off-and-cancellations/ scroll down this link to "financial products and svcs" which includes insurance.

http://shared_oft/business_leaflets/consumer_credit/oft140.pdf scroll to page 8 headed "Variation of agreements" think this is relevant too!

hopefully this info might help some of you out there getting XXXXXX by insurance companies!

The thing is that you said 'No' to Swinton as per the phone conversation, so they should not have proceeded with an auto renewal.