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vangellis

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  1. Hi, nice to meet you all. I have a small problem, there is not a great deal of money involved (£55.00p_ but it is the principle and legallity of it that bothers me. The facts are thus. My daughter has/had car insurance with Swinton, when she first took out her policy they sent her all the forms etc, and the direct debit mandate. (she is only 19 and her car insurance is £1900.00p) Anyway, we read through the terms and conditions, decided we were happy with it, signed the agreement and sent it back. All well and good. Then about 5 months later she received a phone call from swinton asking if she would be interested in breakdown cover for £6.00p per month, she said she would. Now last month she decided to buy another car, thing is swintons quote on this new car was £2800.00p which I thought was ridiculous, so we cancelled her insurance policy immediately, they said there would be £25.98p outstanding for the cover she had already received, fair enough, we paid it immediately by debit card. So that was it, we didn't owe swinton anything for her car insurance. Then about a fortnight ago we received another letter from swinton stating that there was £55.00p oustanding for the cover she had already received. I phoned them straight away to see what they were on about. I was told it was not for the car insurance but for the breakdown cover which unfortunately was non refundable. Now the thing is, Swinton NEVER sent her any form of terms and conditions for her to read through and sign that she accepted those terms, she has never signed any agreement at all for this breakdown cover, even though it was being paid for by monthly installments of £6.00p plus she only had it for three months as we cancelled it when we cancelled the car insurance. Now I myself think that this breakdown cover, as it is being paid by monthly installments comes under the Consumer credit act of 1974. Swinton should of sent her the terms and conditions along with an agreement form for her to sign and return, but they didn't. So as far as I can see on a legal point of view, this is not an agreement, and cannot be enforced by a court as she has not signed anything. What do you people think? thanks Vangellis
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