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darrenwillo

Debt 4 0f 17 car insurance swinton ARC DCA pestering phone calls

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As im going through my non priority debts this is debt 4 of 17 not on CRA with swinton insurance for cancelling an insurance premium i had with the for car insurance now the debt is for £726.71 from 2011 to april 2012

heres what swinton say dated

outstanding balance left on direct debit £1319.43

insurer refund - £740.91 as swinton were the broker

cancelation charge £148.19

total oustanding £726.71

now are these charges fair ?

 

next they passed the debt to ARC europe ltd DCA who wrote out on 17 may 2012 saying debts been passed to them and i owe £751.71 they phone atleast 6 times a day

 

next letter dated 28 may 12 from trevor munn solicitors stateing unless patyment there going to issue court proceedings

 

next letter dated 13 june 12 trever munn solicitors asking for payment and to contact a agent at ARC europe ltd or an extra £125 is going on top of the debt

 

around august 2012 as i was working and i couldnt bear the phone calls all day i agreed over the phone to make a £5 payment via visa debit and £5 aweek thereafter which week 2 my job contract finished and i was back on JSA so i never made the next payment

 

next letter came from trevor munn solicitors again dated 3 sep 2012 steteing i failed to keep up agreement an whole debt of £751.71 is due what happend to the £5 i gave em legal proceeding will comence etc

 

next letter dated 13 sep 2012 from ARC europe ltd saying there willing to accept £5 every week again

 

any ideas on going forward with this as im on JSA now and i was foolish to give arc my debit card details for wich i cancelled card and have a new one so they carnt acces my debit card any ideas what to do first as they phone me 6-8 times a day thanks DW

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You can write to Swinton asking for a breakdown in the cancellation amount. These DCA's cannot add on these additional amounts unless your Swinton t&c's allowed for it. Ask Swinton for a copy of the terms related to any debt collection e.g fees or interest that may be applied.

 

Only pay what you can afford. £5 a weeks seems too much for someone on JSA, if you have other debts. Offer them what you can afford by standing order (ask the DCA for their details) and point out that you are currently challenging Swinton, as you believe the amount is incorrect.


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they cannot add on these charges even if the terms allow it if they are unfair.

normal rules of penalties and UTCCR apply add well as ICOBS


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Sorry - I was responding from a phone. It was too tricky.

 

UTCCR - Unfair Terms IN Consumer Contracts Regs. http://www.legislation.gov.uk/uksi/1999/2083/contents/made

 

ICOBS - FSA regulations - Insurance:Conduct of Business Regs. http://fsahandbook.info/FSA/html/handbook/ICOBS

 

I'll get back to this today or tomorrow but my reading of your position is that you have the right to sue them and if that is correct, we'll be very happy to help you all the way.

 

It is about time that examples were set.

 

... back later


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Write and tell them to stop calling you. Tell them that you are keeping a detailed log of their calls and the rate at which they are calling constitutes a "course of action amounting to harassment".

Tell them that you will only deal with them in writing.

 

Secondly contact the Swinton and tell them that you want a full justification for the cancellation charge. Tell them that you want their response within 14 days. Send the letter recorded.

tell them that the justification most be supported by evidence.

 

Read up on UTCCR and ICOBS.

 

Now it is up to you what you want to do.

If they can not justify their charges in full then if you want you can sue them in the Small Claims Court for breach of contract.

 

Note that they are only entitled to charge you for their actual losses. They are not entitled to make any profits from the cancellation charge.

 

Of course, if they are really able to show that their charges really do reflect the losses suffered by them as a result of the cancellation then we will have to have a further look - and you may have a problem.

 

You should also decide whether you are prepared to go to court. It is very quick, you risk your claim fee and an allocation fee - probably abou £150 if you lose.

 

If either they don't reply or they are unable to reply satisfactorily, then you have a very high chance of success.

 

Warning: They will not be bluffed. Don't make any threats which you are not prepared to carry out.


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thank youn ill have a long think and get bact to you asap thanks for comeing back with that amazing respose thanks again its in me to fight

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