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AA Car insurance, charges for late payments


kfdh1962
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Hi,

i have had 3 incidents this year when lloyds have returned the DD for my car insurance. The latest was particuallrly annoying as the money was transferred into the account 4 days ahead of payment date, lloyds did not clear the funds and then bounced the DD knowing the money was there!

Anyway, as well as then being charged by lloyds, i have been charged twenty pounds for missing/late payments by the AA on each occasion.

can the AA do this?

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Nope - it is the same as bank charges

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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I would deal with it the same as you deal with the bank charges..

 

Good Luck

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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  • 3 weeks later...

Hi reidnet,

sent off modified version of prelim letter to the AA requesting repayment of £60. Received a letter in repsonse at the weekend. The response was along the lines of..."sorry you have had to write to us....we will look into this issue...give us a couple of weeks and we will get back to you."

Well their first 14 days is up this week so i will send of the LBA letter.

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So, i received a letter yesterday from the AA.

In essence they are insisting that they are not in breach of any recent consumer regulations or common law, and that any recent changes relate only to credit card companies and do not a apply to loan and financial agreements.

There legal department insist that this matter does not fall into consumer regualtions or common law, but if i can quote the exact breach of legilsation then they will look into this further.

Any thoughts anyone??

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  • 2 weeks later...
So, i received a letter yesterday from the AA.

In essence they are insisting that they are not in breach of any recent consumer regulations or common law, and that any recent changes relate only to credit card companies and do not a apply to loan and financial agreements.

There legal department insist that this matter does not fall into consumer regulations or common law, but if i can quote the exact breach of legislation then they will look into this further.

Any thoughts anyone??

 

The AA are a tough cookie even when you have all the facts and they have admitted they are wrong, they will drag you through it but keep it up and keep it strong.

They are no different to any other lender / insurer they have to be held responsible for their miss treatment of customers and their accounts.

 

My case is now with FSO its quiet detailed but its pure neglect of responsiblities.

 

Read the AA ruined my New Year, in this section.

 

BL:)

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So, having sent me a letter which basically said in their opinion tjey are not in breach of legislation or common law, that this only applies to the banks.

The AA then send me a letter telling me they cannot proceed any further with my complaint as there was no documentary evidence supplied by me, and therefor they have made arrangements to close my case.

Cheeky sods, i sent them a schedule of charges with my preliminary approach letter! and they have there own records too!

So on wedenesaday i sent them an LBA letter. In it pointed out that they hade received a schedule of charges, they could also cross check this with their own records, and pointed out that they made no request for documentary evidence in their first response letter.

I enclosed another schedule of charges, a copy of statements showing these three deductions from my account, and advised them that if i do not receive a full refund in 14 days that i will commence legal proceedings.

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KFD

Sorry hun had my thread deleted i was so cross with the baltent ignorance of the FSO returning my claim twice.

 

HOWEVER some good news, the AA coughed up £170 today.

It took 11 months and hard graphed but they did it.

 

I applied for 2 phone call recordings, you keep kicking if you know your right dont give up.

 

BL

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KFD

Sorry hun had my thread deleted i was so cross with the baltent ignorance of the FSO returning my claim twice.

 

HOWEVER some good news, the AA coughed up £170 today.

It took 11 months and hard graphed but they did it.

 

I applied for 2 phone call recordings, you keep kicking if you know your right dont give up.

 

BL

 

Hi BL

good for you. Glad your persistance paid off. i read your thread... what a nightmare you had with them.

i will keep at them. Will start my action soon quoting the unfair terms and conditions in contracts regulations etc.

 

well done and congratulations BL

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So, now i have provided them with documented evidence of the charges they have returned to their original argument, namely the legislation relating to charges applies to credit cards only!!. Again, if i tell them whcih regulations they are breaking they will look into it. !

I am not letting this lie. Looking through the statutes library the only one i can see to refer to is the unfair terma and conditions in contracts regualtions 1999, section 5 "

 

Unfair Terms

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

 

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

 

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

 

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was

is this correct?

AA were quoting the terms and conditions which are regulated by the consumer credit regs 1974, but i noticed that in the exemptions in section 16 it list insurance companies.. any comments anyone?

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Hello,

 

not sure if this is much help, but the AA is wrong when they say the law only relates to banks. It applies to any parties that are bound by contract.

 

look at the Court Bundle and the majority are between 2 companies, not banks.

 

Dont let them side track you. As the AA will not have got many charge refund requests I would imagine they don't really know what to do. As soon as they pass it to their legal section (probably when a claim has been made through the courts) I will imagine they will cough up.

 

NB: Insurance Companies is very loose. I would interpret an Insurance company as someone who writes a risk and pays the claim. The AA are an insurance intermediary - a glorified introducer.

 

My advice is when the LBA timescale expires, go to court.

 

Good Luck

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Yes

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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  • 2 weeks later...

Sent off the letter to the AA quoting unfair terms and conditions acts etc and ........nothing ! The silence is deafening!

so guess i will start the moneyclaim online process. Anyone have any ideas on the wording. would i use pretty much the same as for the bank charges?

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Received a letter from the AA. They have agreed to repay the £60 in late payment charges they have taken from me.

paraphrasing the letter...

"our technical department (would think this means legal dept) have advised me that the earlier letter they sent to me had incoreect information in it...next year the law is changing in regards to charges applied by the financial industry....OFT have asked the credit card industry to reconsider charges they apply....OFT will be approaching other areas of the financial industry in respect to their charges.... because we provided incorrect information we will this time refund your money...etc etc....

So loosely translated...the laws and regulations already exist and because you have challenged our charges under the unfair terms and conditions regulations we have no choice but to pay up...but we wont admit that!

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well done!

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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  • 3 weeks later...
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