Your legal duties...

[Kippy1946]

Is there some legal duty on consumers to check their bank statements for missing payments?

 

I am in a dispute with an insurance company regarding a cancelled motor policy, which, because it was being paid by direct debit, should have been renewed automatically.

 

The other side argue that, whilst the policy should not have been cancelled, it is my fault because I didn't check my bank statements for missing payments.

 

I need information and/or references I can quote in response.

 

Hope someone can help!

 

Chris

[gyzmo]

I remember a case some time ago - a good 5 years - where the court stated that a customer was not obliged to open mail it was not for a bank / seller to say "well you should have read it".

 

however, it makes little sense to me in some cases. It would here - whilst you should check that payments are going through they should also notify you that payments are outstanding.

 

unfortunately I cannot recall the case I referred to (or whether it was overturned etc). It could just be my memory which seems to be getting worse by the day.

[barracad]

I think it's a fair assumption for the insurance company to say that you would have known the policy wasn't being paid. People generally know there incomings and outgoings and it would be pretty obvious even without checking statements to know if you had missed payments.

[Kippy1946]

Thanks for the info but do you have any case references to support it?

 

Chris