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Renewal declined now defaulted !!


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Thanks Pat/Bernie and Goldie I am going to send the letter draughted by Bernie and also send a copy of the new policy.

 

One Call insurance are not nice people to do business with and change DD instructions willy Nilly BEWARE!!

 

I will update this post with the outcome.

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:mad: My insurance renewal quote from One call insurance went from £330 to £980 so I said no thanks. Then they took two payments in Aug and Sept.

 

I contacted them and asked what they were doing and they said I had to proove I no longer had the car and required the policy.

I said the onus is not me to correct the mistake and they refused to refund me.

 

I contacted my bank who said they would investigate and they refunded me the payments and advised I cancel the DD.

 

Now the broker one -call has sent me a letter saying under section 87(1) of the consumer credit act I have been defaulted.

 

What can I do?

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Hi Cisco

 

Did you take insurance with another company then instead? & did you tell One Call that you didn't wish to renew the policy?

 

If you've got insurance with another insurer, then by simply sending them a copy of the new certificate should suffice. And if you told them you did not wish to renew, they should not have continued to take payments from your bank. However, if you didn't tell them to cancel the insurance & assumed it would automatically cancel, then they were within their rights to continue to take premiums as most policies auto renew unless you say otherwise. However, as I said, if you can provide them with evidence that another insurance was in place or that you sold your vehicle, they should go away & stop pestering you!

 

You have to remember though, from their point of view, if you didn't tell them you wanted to cancel the policy, but are now telling them you didn't want to renew, you may have been on cover with that vehicle for the last few months but are now expecting a refund. So as long as you can provide evidence that you either a) didn't need insurance or b) had insurance elsewhere - you should be fine.

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Thanks for post in reply, I told them categorically that I would not be taking a renewal and this is on their file.

 

I do have another policy which I would send them, however the whole incident is questionable conduct as I am concerned.

 

The point of being defaulted is my concern and any company who throws these defaults around Willy-Nilly so to speak are doing so simply to spite people who excercise freedom of choice.

 

The fact my bank has reimbursed the payments makes a case against the justification of unauthorised withdrawals.

I have not signed to authorise any payments and certainly have not signed any documents or mandates regarding a renewal.

 

Call centre staff have quoted the conversation I had with them when I said that I would not be renewing.

 

Thanks again GoldyR

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Sorry, I don't know the technicalities of being defaulted but I would write to them as follows.

 

Dear Sirs,

 

Re Policy No: [x] Renewal Date [dd mmmm yyyy]

 

I am writing to you to complain about your handling of my declination to renew my insurance with you.

 

Your staff have confirmed that your records confirm that I declined your invitation to renew. No further action should have been required from me.

 

However, you ignored these instructions and continued to take funds from my bank account. I have now recovered these funds using the Direct Debit Guarantee.

 

You have now written to me saying that under section 87(1) of the consumer credit act I have been defaulted.

 

I am in default of nothing. Could you please deliver to me within fourteen days of the date of this letter a letter confirming that you have cancelled this default and that you have unravelled any notice to any credit reference agencies or any other impact whatsoever on me as a result of this action taken by you.

 

Yours faithfully

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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O.K today I received a letter from ONE- CALL in DONCASTER informing me they have cancelled my insurance as of 30/10/2007

 

They are demanding £341

Charge for cover =£202 days (84 days)

Policy fee =£14

Legal cover =£24

Breakdown cover =£34 (Never asked for this cover in first place)

Charge (default or admin fee) £65.41

 

I have 14 days to pay and ONE-CALL say they can renew my cover even when I said I did not want to be renewed before renewal date.

THEY SAY THEY ARE AUTHORISED BY FSA - if thats the case then the LAW MUST CHANGE!!

 

I said I would send them a policy I have on a new car taken out before the renewal date was due with ONE-CALL, they said they would not accept this after telling me on a previous occasion they would accept it !!

 

THEY INSIST I WRITE TO DVLA AND OBTAIN A LETTER FOR THEM SHOWING I TRANSFERRED OWNERSHIP OF THE CAR INSURED BY ONE-CALL BEFORE THE POLICY WAS RENEWED.

 

ANYONE WHO THINKS THIS IS GOOD CONDUCT NEEDS A SHRINK !! :eek:

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As I said previously, to resolve this situation amicably you should provide them with a copy of your new insurance certificate. It's all very well saying 'it's none of their damn business' but this attitude isn't going to get you anywhere & will just prolong the angst for you.

 

If you want to get this resolved & move on to more important things in life, then do the necessary & resolve never to go near this company again. Far too many people spend hours of their precious lives argueing over a 'principle' with a company, what is the point?! :confused:

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  • 2 weeks later...

I think you need to insist that the matter is dealt with by their internal complaints team if its not already been done so. They should send you a "final letter" outlining their final response on the matter and details of how to contact the ombudsman. Insist that you have this, and if their response is still not satisfactory then take your complaint up with the ombudsman.

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Hmm

 

I would do a s78 request for a copy of the agreement where you signed to agree to pay such monies - I would imagine they would only have a signature for last year

 

At the same time send them a copy of the new insurance

 

And also tell them failure to remove the default will result in you issuing court proceedings for damages via defamation and harassment

 

 

What an utter bunch of ******'s

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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