Problem with Swinton.

[vangellis]

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

[maroondevo52]

Hello and Welcome, Vangellis.

 

I'll move this thread to the appropriate Forum, where hopefully you'll get the help you require.

 

Regards.

 

Scott.

[cankster]

Has anyone helped with this yet as i have much the same problem with Swinton at the moment. they are attempting to charge me a £45 cancellation charge on 2 policys (home/car). never signed a thing!!!

 

Surely its an unfair term?

[cerque]

I am having same problem, Swinton are charging me for a policy that never started! I subscribed online but when policy documents were received I was not happy with some details that DID NOT appear on screen at subscription stage, so I returned them as indicated in the terms and conditions.

I have already been debited with the first monthly payment by debit card at subscription stage and they also want £10 service charge + £35 cancellation as apparently by subscribing online I have entered into a contract with them.

Terms and condition state the total £ 45 cancellation fees, so I should either have the first instalment refunded or deducted from this as policy is not due to start until next week and I have cancelled it anyway. How can they charge for a cover that never started at all?

Can anyone advise?

[Redletter]

I'm having exactly the same problem.

I have sent them a CCA request.

They wrote back and sent a complaints brochure stating they will contact us in 20 business days.

The CCA request has now expired.

I am just drafting letter 2 for failure to comply.

There is no credit agreement we never got one!

 

see:

http://www.consumeractiongroup.co.uk/forum/legal-issues/191742-does-cca-request-apply.html

[Redletter]

Letter 2 went out today!

[gyzmo]

Just to throw a spanner in the works, doesn't the CCA at 16(1) state:

 

... This Act does not regulate a consumer credit agreement where the creditor is a local authority . . ., or a body specified, or of a description specified, in an order made by the Secretary of State, being—

(a) an insurer,

...

[Redletter]

bump!

[Redletter]

Well on ALL my previous car insurance documentation where I have paid by monthly DD, the credit agreement does state that it is 'regulated by the CCA1974...'

Maybe it is because the credit is offered by the broker and not the actual insurance company???

 

Comments anyone please??

[Redletter]

*WON*!!!

Have just received a letter from Swindle.

 

"BLAHBLAHBLAH...

However, as we are now aware that you took the vehicle off the road on 1 January 2009 and as a gesture of goodwill I have agreed that Swindle will not continue to pursue the outstanding balance. I have spoken to Icon collections and they have now closed their records. I can assure that this will in no way affect your future credit rating.....

If we do not hear from you within 8 weeks we will consider the matter closed"

 

RESULT!!!

 

 

So all you people out there being "Swindled"

 

GO GET EM!!!!