Notice Of Intended Legal Action - CRS for Home Insurance cancelled

[Nando9]

Hello all,

 

I have joined the forum after reading lots of useful advice to people with similar issues to myself.

 

I have recieved a Notice of Intended Legal Action from out friends at Credit Resource Solutions LTD whom are acting on behalf of 1st Quote Insurance who are a Home Insurance Broker who I previously held Home Inusrance with.

 

CRS are demanding £216 from me because I cancelled my Direct Debit for a Home Insurance Policy later than the 28 days notice that I was given by 1st Quote when they automatically renewed my contract.

 

My argument is this:

 

1. I received a letter from 1st Quote explaining that my contract and T&C's would follow in the post - I never received the contract

2. I never did sign for the contract to be renewed once the 12 months were up.

3. 1st Quote now refuse to let me have the Home Cover yet still expect me to pay the 12 months contract.

 

I am asking for your expert guidance out there:

 

1. Should I pay CRS or simply igonore them and if I do ignore them and they do raise a CCJ against me and I go to Court what are my chances in court and will the court costs increase what I owe?

 

Any help greatly appreciated.

 

Nando9 - A very worried broke man

[Huff&Puff]

Welcome to CAG

 

Send them a "prove it" letter. Send it recorded delivery, and the alleged debt will then go into dispute when they get the letter, at which point they aren't allowed to chase you until such time as they do provide valid proof.

 

All letter templates can be found here:

 

The Consumer Forums - Debt collectors

 

Print your name, do not sign.

[diddydicky]

are you sure you did not write to them and cancel the policy within the 28 renewal days? look through your papers to see if you have a copy!!!

[Nando9]

Hi guys, thanks for the advise.!!

 

I will give the letter a whirl and post what happens then - thanks for this.

 

And unfortunatly I didn't write to them to cancel I simply cancelled my direct debit on the basis I hadn't received a contract. I was a bit 'up the wall' as my wife gave birth on 10th August and my policy was up for renewal on 27tH Sepetember.....so I was otherwise engaged with baba duties

[mkb]

I had a very similar thing earlier in the year.

 

Thread here http://www.consumeractiongroup.co.uk/forum/insurance-assurance-companies/210044-quoteline-direct-hc-insurance.html

 

Although I never updated it (oooops!), I did eventually get a result by MMA (owners of Quoteline) writing off the amount they claimed that I owed

 

I had to get FOS involved & stuck to the facts but was amazed at the stuff I eventually got from MMA - included the renewal notice they allegedly posted in time but funny how they referred to it as 'coming soon' in their email dated the day before renewal due

 

Do complain to FOS & stick to your guns on this.

[Nando9]

Hi guys, I have drafted a 'prove it' letter asking for CRS to prove the debt.

 

I have also found the letter that was drafted, (by my wife), and sent on 17th August 2009. Which is within the 28 days notice.

 

Although it was not sent by proof of delivery and 1st Quote claim it was not received so I haven't a leg to stand on.

 

Shall I simply pay the outstanding debt as I am worried I will get a CCJ against my name and thus have problems with credit. It seems as even if I do end up in court and have to pay in full I will have to pay to have the CCJ cleared from my account if I clear the debt in 28 days.....

 

Therefore, is it easier to simply pay CRS and be done with it before costs keep escalating?????

[Bazooka Boo]

I think your getting way ahead here, all of the letters that they send you are designed to intimidate, and exploit your lack of knowledge surrounding consumer law, a CCJ is only ONE option available to the judge, there is a long way to go yet for it to even get that far.

 

If you have the evidence that your wife drafted a letter to cancel then send them a copy of it, and steadfastly keep re-enforcing that you had all along cancelled the agreement in line with their cancellation Policy, it is still up to them to prove that you didn't and that this alleged debt is owed.

 

But quite right aswell, If they wanted me to pay this money, then I would want the insurance that goes with it, if they are refusing to provide you with cover but still want he cash then, I would dig my heels in, does it say on your old agreement that you are still liable for the full years sum but they won't provide you with the cover?

 

I'm thinking this might fall foul of the CPUTR here as that does not seem fair at all.

[teaboy2]

NO They have no legal right to the money. Basically no signed contract means no legally binding agreement existed. Therefore no debt, and a judge would simply throw it out of court.

[diddydicky]

Hi guys, thanks for the advise.!!

 

I will give the letter a whirl and post what happens then - thanks for this.

 

And unfortunatly I didn't write to them to cancel I simply cancelled my direct debit on the basis I hadn't received a contract. I was a bit 'up the wall' as my wife gave birth on 10th August and my policy was up for renewal on 27tH Sepetember.....so I was otherwise engaged with baba duties

 

i'm sure you did if you look hard enough !!!!

[mkb]

i'm sure you did if you look hard enough !!!!

 

 

I'm sure dd is right here - check your PC for previously saved files of cancelled contracts etc. I'm sure you'll find it in there but do make sure you look hard enough!

[havinastella]

and then send them your 'Intention to Ignore' all the crap they send you

 

Jogs

[Nando9]

thanks guys I will fight them all the way to the cash machine

 

Glad I finally managed to finally find that cancellation letter

[Nando9]

Hi everyone - I thought I would update the thread to advise on how I am getting on. Good news too..!!

 

I received a response from 1st Quote, after my 'prove it letter', and they were still adament to proceed and CRS still continued to send me threatening letters about people calling at my home and court action. None of which happened.

 

I then sent my 'prove it' letter to the Financial Ombudsman (FOC) together with the online questionairre on FOC website and copies of my cancellation letter and all latest correspondence.

 

After just over a week 1st Quote wrote to me saying they had no record of me sending a cancellation letter but offered to stop proceedings out of a gesture of goodwill.

 

So the matter is now resolved and well worth a little bit of hassle as I could easily ave panicked at the letters and paid the £216. So thanks for all your help..!!

[mkb]

Well done. Great result for you & good to see that justice has been done

[Bazooka Boo]

Yes well done Nando, a good result for the new year!

 

Funny enough, I used 1st Quote for my contents Insurance for the last two years, and when I read the small print for this years Policy, it states that it does not cover residences with more than 12 flats.....funny my address clearly states FLAT 13!

[babybear39]

Congrats Nando

 

Better get that sorted BB *hugs*

[Huff&Puff]

Excellent news :)