Swinton car insurance

[greendollar]

I missed D/D on the 1st June.

Didn't realise as I was on holiday but when i got home had 2 letters.

First letter dated 2nd June stating pay up or policy will be cancelled within 7 days.

Second letter dated 8th June ,Default Notice £12 charge plus pay up by 22nd June.

Stupidly didn't read letter properly/slipped my mind but when I phoned to sort it out told(some days later)told the policy had been cancelled and to pay remaining £88 to bring the policy up to date.(no rush as the policy had already been cancelled according to the first letter.)

23rd June received letter Swinton now want £118 including :discount and/or cashback recovery?? plus £45 cancellation fee.

Phoned and said i wasn't happy,told it would be passed on DCA within 7 days and would be charged a further £25.

Not bad money considering I'd only missed my payment 3 weeks before.

TNC Legal Services try to collect(£143) so I put in a CCA request with £1 postal order,heard nothing until today when Swinton write again asking for £118 again,pay up within 7 days to avoid further charges.

What sort of response should I give them seeing as I've already asked and paid for my CCA via TNC ?

[Jamesx81x]

No CCA then they cant chase you for any money!

[greendollar]

Flabberghasted that Swinton referred me to a DCA 3weeks after missing one payment and then think I'm going to pay their ridiculous charges.....not without a fight I'm not.

[Jan4a]

They are a nightmare. I had my parents charges written off. They instructed debt collectors within 7 days (it was a £50 canx charge they were after - nothing else was owing).

 

I did it by following their complaints procedure (its on their website for addresses etc).

 

First I wrote to branch and asked for invoice and explanation in writing. They merely wrote back telling me they were instructing debt collectors and didn't answer any queries.

 

Then I wrote to Head office in Manchester complaining about them taking advantage of pensioners and asking why their branch office had seen fit to demand money and pass to debt collectors without offering any sort of explanation as to my queries in writing. (think they stuck an extra £35 on for the debt collector charge)

 

Debt collectors were chasing (Regal) whilst I was waiting a month for them to reply. I have since been told they are not allowed to chase as account was in dispute.

 

Head office wrote back after a month saying they would write the money off "as a gesture of goodwill"! Didn't even get an apology.

 

They are totally arrogant, treat people like dirt and I hate them with a vengeance so good luck!!

 

I did the above before I discovered CAG but I have posted it on another Swinton thread, I've also recently seen a post from someone else who had won on a cancellation charge. Search for the threads, there will be other info there.

 

Make them put everything in writing, they don't like it and contradict each other. Don't think the branch staff are capable of writing a letter so they'll slip up and probably give you ammunition to help with Ombudsman/FSA.

Edited September 17, 2009 by Jan4a
added info

[greendollar]

Can someone confirm that the default notice is invalid,dated 8th June stating action is required before 22nd June,from reading other posts I gather that Swinton should allow 2+ days for the post to reach me.8th of June was a Monday,so the date for me to pay the arrears and avoid the breach of contract should have been the 25th,am I corrrect?Am I also correct in saying that as Swinton terminated the contract without giving me sufficient time that I do not have to pay them anything,I was going to pay what I owed but was disputing the charges,due to the invalid default notice I'm under the impression that I now owe them zilch.

[greendollar]

Swinton have now sent my credit agreement which is unsigned.I knew it wouldn't be as it was arranged over the phone.

[Jan4a]

Can't help as I went a different route but I'll bump you

[greendollar]

Read through the credit agreement and no mention of a £45 "cancellation fee"

Found this though under Miscellaneous;

 

21.This agreement becomes binding when it is signed by you.By making your first monthly payment(or by arranging with a third party for it to be made)you are confirmingthat you have signed this agreement and that you intend it to be fully binding and enforceable by us.

 

thoughts anyone?

[Jan4a]

Hi Greendollar

 

My parents circumstances were different in that they paid the whole premium upfront, so no credit. Parents bought a new car, insured it with a different company and just left the Swinton as it was due to run out in two weeks anyway. Swinton rang them 2 months later demanding a cancellation charge! And that charge was £50, so are others I've seen on here so don't know why yours is £45. Also says £50 on their T&C's on their website I think.

 

Good luck

[MisterBuster]

Right , I hope I can get some help on here as well please. Again it involves Swinton and again it involves Regal credit.

My Wife lost her job back in the beginning of June due to her being diagnosed with Cervical Cancer , I had lost mine on Friday 13th February due to the recession, that is the background .

Okay, because my wife had no income she defaulted on her insurance for her car, She had a few nasty letters and a £12 charge slapped on her.

I contacted them and explained the situation, their attitude was less than pleasent and I was informed I had so many days to sort out the payment to bring the account up to date or the policy will be cancelled.

Suffice to say the policy was duly cancelled , we were informed that the vehicle was no longer insured and that to use it would be a criminal offence..the usual guff..

Fine , the car came off the road, as she was in no fit state to drive it anyway , and we used my car instead, which was and still is fully insured.

Then the letters and phone calls started from Regal demanding payment of £275 as payment for the balance outstanding, I.E, the balance left on the insurance.

I thought that if the policy had been cancelled by Swinton, in other words no longer exists , there surley is nothing to pay for ?.

Also the phone calls have taken a sinister twist. My wife is at home recovering from the surgery she had to undergo as a result of the cancer, it is imperitive her health improves so that she can commence chemo.

The calls are distressing her and knocking her back, I explained this to Swinton and they ignored this, the calls still continue, what can I do to shut these people down ?.

I was thinking of sending a letter basically outlining my point about cancelled policies or sending them a letter saying I shall pay this when my financial situation improves. But the latter acknowledges that a debt exists.

Any advice would be appreciated thanks

Edited September 30, 2009 by MisterBuster

[Jan4a]

Have you had a had a look at their T&C's on their website? And more to the point, their complaints procedure. Following the complaints procedure worked for me but my circumstances were slightly different. Not sure if people will advise you to do a SAR.

 

Regarding Regal, other people on here are better qualified in advising how to deal with debt collectors. You might be better starting your own thread titled something like "Swinton Insurance & Debt Collectors" so the relevant people will notice your thread and reply with better advice.

 

When I followed their complaints procedure I stressed that they were "bullying pensioners" (my parents) - this is true and why I hate them so much. So, whatever route you end up going down, ensure they are aware (in writing, by recorded delivery) of the the affect they are having on your wife.

[MisterBuster]

Thanks for the tip jan4a I shall do just that

[greendollar]

Have a look at your default notice,have they given you the 14 + 2 days to resolve the issue...thats the route I'm taking as Swinton were very quick to pass the account to a DCA

[greendollar]

Second result due to CAG...charges and cancellation fee written off when I complained.Thank you CAG

[Jan4a]

Congrats .... really pleased as I HATE Swinton!

 

Jan

[MARTIN3030]

Good to hear it.