Blackhorse, Perrys and GAP Insurance

[Jamesx81x]

Hi

 

I purchased a car from Perrys and part of the purchase was GAP insurance at £499.

 

Blackhorse are the finance company who paid Perrys for the car and the GAP. I was then to pay £17.60 a month to Blackhorse for the GAP ontop of my normal repayment.

 

In September 08 i contacted the GAP insurance company to cancel the product as i didnt really want it in the first place. After that date i stopped making payments to Blackhorse for the GAP and because of this they have been charging me £25 a month for not paying it.

 

I sent them a copy of the cancellation letter and they turned round and told me as they had paid for it outright from Perrys it was up to me to contact Perrys and ask them to refund Blackhorse with the Premium.

 

What i am wanting to know is will Perrys have to do this as its swings and roundabouts with Blackhorse and the bottom line is i dont see why i should be paying for a product that has been cancelled.

 

Any help will be much appreciated.

 

Thanks

[Jamesx81x]

Anyone?

[postggj]

high james

 

typical rollocks as usual

 

499 for gap insurance, and i thought welcome were bad

 

your contract is with the finance co, not perrys

 

did you get a policy doc ref the gap and a statement of means, underwriting sheet etc

[Jamesx81x]

Thanks for the reply.

 

Yes i got the policy docs for the GAP. Blackhorse have been telling me as it was Perrys who set up the GAP and Blackhorse paid the £499 when they issued Perry's with the money then it was up to me to get Perrys to refund them the money.

 

I am been passed around all over the place here. Bottom line is i cancelled this GAP in September 08 and cant see how i am being made to pay for somethiing that i no longer have or is of any benefit due to it been cancelled.

 

Thanks

[rickyd]

I have to agree with you. You shouldn't be paying anything for a policy you can't claim on. If Perrys have been paid by Black Horse, then Black Horse need to get it back, its nothing to do with you.

 

Most insurance companies have a clawback system where policies are cancelled, let them sort it out and step back from the discussions. Just out of interest, how long was it before you cancelled the policy?

[Jamesx81x]

I got the car in January 08 and cancelled it in September 08 as at first i was trying to do it through blackhorse.

 

I have been talking to Blackhorse sent them all the cancellation details but they insist as they have paid for it. its up to me to get it back. As i said swings and roundabouts.

 

I am wanting to get this sorted because i am lookng to VT the car in January and will not be able to do it while this is going on.

 

Thanks

[Jamesx81x]

Anymore advice or the way to proceed with this will be appreciated.

 

Thanks

[Jamesx81x]

Hi

 

Been doing more digging. Spoke to the Administrators of the policy who have informed me if i wished to cancel i had to do it within 14 days. So basically they have received £499 for a policy that should of lasted 4 years but as i have cancelled it after 9 months they have the money and will never have to pay out on the policy.

 

There is a section they refer to in their terms and conditions that says no premium is refundable after 14 days. The first time i saw these terms and conditions was when i did a Subject Accsess Request on Blackhorse.

 

All i received from Perrys was the GAP Insurance certificate so how was i supposed to know this? This then leads me to the sale of the car with Perrys telling me the 3 month warranty and the GAP were compulsory in order for me to get the car. My wife who is a guarantor on the car was witness to this.

 

Any help will be appreciated as i dont know what to do. Blackhorse of stung me for £500 in charges because of it and i feel i have been screwed over and am now out of pocket.

 

Thanks

[postggj]

Hi James

 

Rolllocks As Usual

 

Is It The T&c On The Gap We Are Talking About

 

Was This Made Known To You At Point Of Sale

 

How Soon After You Signed The Agreement Did You Get The Gap Policy With The T&c

[Jamesx81x]

Yes it is in Abraxas's(administrator) GAP terms and conditions.

 

At the point of sale i was just given the policy certificate. I only became aware of their 14 days policy when i made a SAR to Blackhorse and received the t&c's as part of it.

 

The policy cetificate was included in the documents when i went to pick up the car.

 

Thanks

[postggj]

Were The T&c Not On The Back Of The Policy Doc

[Jamesx81x]

No just the Certificate. First time i saw them was with the SAR.

 

Thanks

[postggj]

Ok James

 

Thats Enough

Its All I Need

 

Ill Start On This Tomorrow

 

Its Pay Back Time

 

Cputr Me Thinks On This One

[postggj]

Can You Post Up The T&c

[Jamesx81x]

Sure i will get them up soon as i can.

 

Putting the t&c's matter aside surely Perrys telling me the 3 month warranty and the GAP Insurance were compulsory leads to a possible case of mis-selling does it not?

 

Thanks so far

[postggj]

The Prob Is On That One Is Proving It Was Compulsory

Your Other Halfs Word Wont Cut It

Ideal Would Be In Black And White

 

Did You Have Any Medical Condition When You Signed

Were You Part Time

Did They Sit Down And Ask If The Ppi Was Sutible

 

The Doc Is Called A Statement Of Means

 

Ive Delt With This With Welcome So I Know The Tricks They Pull

[Guest janensteve]

I refer to the FSA handbook which regulates insurance contracts which Gap Insurance clearly is.

 

ICOBS 7.1.1 06/01/2008 1A consumer has a right to cancel, without penalty and without giving any reason, within: (1) 30 days for a contract of insurance which is, or has elements of, a pure protection contract or payment protection contract; or

(2) 14 days for any other contract of insurance or distance contract.

 

 

ICOBS 7.1.5 06/01/2008 The cancellation period begins either: (1) from the day of the conclusion of the contract, except in respect of a pure protection contract where the time limit begins when the customer is informed that the contract has been concluded; or

(2) from the day on which the consumer receives the contractual terms and conditions and any other pre-contractual information required under this sourcebook, if that is later than the date referred to above.

 

If you never received the conytractual terms, you may still have the right to cancel.

 

the question is whose burdened with proof that you received the contractual terms ?

[postggj]

Are You Reading My Mind Janensteve

[Jamesx81x]

Yeah know what you mean.

 

All boxes were pre-ticked, the 3 month warranty and the GAP were both added and i was simply told i had to take them both out.

 

As for the the terms and conditions which i shall post shortly, it was impossible for me to know i had to cancel within 14 days as i did not have this information. Furthermore how can they insurer themselves justify taking £499 for a product without giving a rebate as the policy is cancelled. Easy money for them doing nothing.

 

Thanks

[Jamesx81x]

Thank you Janensteve.

 

Very useful information, that is my point exactly as i did not receive them until the SAR. Question is how the hell did Blackhorse have a copy and not me.

 

I do not doubt for one minute Perrys and Abraxas will claim i received the T&C's but the fact is i did not which has left me in this current situation i have with Blackhorse.

 

I was hoping to VT the agreement at xmas but now have this to sort out first.

 

Thanks so much so far.

[postggj]

James

Think Of This

The Policy Doc Is A Legal Doc

 

Why Are The T&c Not On The Back

 

Smoke Screen And Mirrors My Friend

[postggj]

James

 

Did You Pay For The Three Month Warrinty

[Jamesx81x]

Yes they were both added upfront and Blackhorse paid Perrys direct.

[Guest janensteve]

i would have thought common business sense would require the insurer to write out to the insured to confirm that the contract had been effected and to give the insured notice of their right to cancel.

 

If the letter was sent to the lender, i fail to see how that can satisfy the requiremen to inform the insured of their cancellation rights.

 

ICOBS 6.1.13 06/01/2008 (1) If a policy is bought by a consumer in connection with other goods or services a firm must, before conclusion of the contract, disclose its premium separately from any other prices and whether buying the policy is compulsory.

[Guest janensteve]

It would be worthwhile establishing whether perrys were acting as agent for the insurer or as intermediary.