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Purpleflowers 2

Close brothers default notice for Swinton home ins, i simply cancelled the DD as can't now afford it. help!

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I took out house insurance online with swinton last year in December for around £8.50 a month, it was the cheapest quote available so I took it.

I'm not currenty working having lost my job recently

 

I cancelled the insurance this Month before the DD was due to go out in order to save on my outgoings.

I thought simply cancelling the DD would just be a simple thing

BUT today I received Default Notice and a letter for cancelling this months DD before it was due to go out.

I've got small children and I'm really worried about what the Default Notice will do to my credit history.

 

Please can the experienced people on here help me solve this problem and tell me what I need to do,

how do I get the default notoice removed and what should I do?

 

The letter you have an account with close brothers trading as Close Brothers Premium Finance to fund your insurance premium and any associated costs, arranged through Swinton Group Ltd. We have been unable to collect your DD. This means your account is in arrears by £38.50. This includes a charge of £30, as outlined in the terms and conditions of your agreement with us.

 

Documents enclosed with this letter

As you are in default of your agreement with us, the Consumer Credit Act requires us to send you a Default Notice and a Notice of Default Sums. We have included both with this letter.

 

The default notice says served under section 87(1) of the consumer credit act 1074 in relation to a running account credit agreement between Close Brothers Limited trading as Close Brothers Premium Finance of Wimbledon Briidge House, London and myself dated December

 

Provision of agreement breached

Condition 5 which required you to make a minimum payment each month

 

Nature of breach

We have not received your payment for 19th April which is now overdue and your failure to pay is in failure of the breach

 

Action required to remedy

You must us the missing payment of £38.50 by 9 May 2020. This includes a fee of £30

 

If required action is taken before 9 May 2020 then no enforcement action is taken

 

If NO action is taken then on 9 May 2020 will will terminate the agreement notice and demand full payment of outstanding balance.

 

Then the letter says if they take me to court and get a judgement against me to pay them the money owed under the agreement I will have to pay both the amount of the judgement and interest under the agreement

 

I'm so worried they sent me a default notice for cancelling this months DD's and are now threatining to take me to court and put a charge order against my property.

Is my credit file now damaged because of this because I default notice means you can't get a mortgage or any finance.

 

I feel they have been so eager so quick to send the Default Notice for simply cancelling this months DD.

 

Please please help me

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how did you cancel the insurance?

 

penalty fees are unlawful.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Posted (edited)

i cancelled the DD via online banking before it was due to go out this month.

I'm so worried about the Default Notice etc they've sent me

Edited by stephrayner
spelling

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cancelling any DD mandate does not cancel any contract or any agreement it is set up to fund or provide a service for you.

where did you get that idea from? who told you that?

 

you should have told the insurance company you were cancelling the required insurance first.

 

the default is quite legal, as you didn't follow the rules of the agreement/insurance contract.

 

the only way out of this is to pay the sum required but NOT the unlawful fee

or

ring swinton and ask them to cancel and sort out close brothers, whom are a right shower anyway.

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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O.k I will tell swinton insurance I want to cancel the insurance, do you think they will say the same thing as close brothers?

 

All I did was take the insurance out online that was on the swinton website to set up dd, so I can't understand why close brothers is saying i've taken a credit agreement out with them and broken it

 

After that do I make the payment of £38.50 to close brothers or just the DD payment of £8.50?

What kind of letter do I need to send to close brothers to say the extra charge of £30 is illegal and I'm not paying it.

 

I tried calling Swinton but they closed, I will call on Monday.

The policy document states what you said which was to contact swinton to ask them cancel the insurance and then cancel the direct debit. I was not aware of this at the time

'

Important:

Our right to cancel your insurance If you choose to pay by Direct Debit, Close Brothers Premium Finance will provide you with a Consumer Credit Agreement to sign.

 

You are reminded that it is a term of the agreement that you authorise us to instruct the insurers to cancel your insurance if any Direct Debit or instalment payment, or any other amount due under those agreements, is in arrears and not paid on time.

 

Should any payments be reclaimed by your bank under the Direct Debit Guarantee, the full balance of premium and associated charges will fall due immediately. If this payment is not made you authorise us to instruct the insurers to cancel your policy.'

 

I have to pay swinton £35 to cancel the insurance and then close brothers £8.50 for this months DD

Will that stop close brothers from taking any further action and how do I get the default removed?

 

 

 

 

 

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you tell Swinton you are cancelling the insurance due to covid-19 and losing job.

please advise close brothers I no longer need the finance agreement too please and too cancel that as well please.

 

you took out insurance over 12mts finance at a higher sum than if you were to have paid it in one sum direct to swinton

Swinton cannot provide credit they are not a finance company, close brother are and provide that over the 12mts under an agreement you didtionallyu signed .

 

the penalty fee for failed DD is UNLAWFUL not ILLEGAL.. so is any fee Swinton wish to charge for cancellation.

they are both unfair under FCA regulations.

 

whatever you pay will not remove the DN unless you make the required payment on the dn by the required date.

the default notice is correct, you cancelled the finance DD without cancelling the insurance FIRST that it funds.

 

stop using the phone!!

writing ONLY.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Swinton's website for contact us shows https://www.swinton.co.uk/contact-us/#home

The only physical address I can see is at the bottom on the page and is

Swinton Group Limited, registered in England number 756681 whose registered office is at: Embankment West Tower, 101 Cathedral Approach, Salford, M3 7FB

 

The other links to contact us take you to your online account but there is nothing there in terms of where to send a letter

 

 

[Your name]

[Address line 1]

[Address line 2]

[Address line 3]

 [Postcode]

 

[Date]

 

[Insurance company name]

[Address line 1]

[Address line 2]

[Address line 3]

[Postcode]

 

Dear Sir/Madam

 

Policy number: [Policy number]

 

Please can you cancel the above numbered insurance policy with immediate effect due to Covid-19 and losing my job.

 

Please advise close brothers I no longer need the finance agreement too please and too cancel that as well please.

 

Can you please write to me to confirm that this has been done 

 

Thank you for your prompt attention to this matter.

 

Yours faithfully

 

[Your signature]

 

[Your name]

 

 

What if after sending the letter on Monday morning I don't hear anything back from swinton and then the next dd payment comes up (dd already been cancelled) will Close Brothers end up sending me another letter?

 

With the Close Brother ND letter, do I write to Close Brothers before the 5th telling them I will pay but not pay the £30 they added to the £8.50 DD?

 

 

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you cant have 2 default notices.

can you not email swintons as well. then follow up in writing Monday?

 

why not simply pay CB the £8.50 now via bacs faster payment and then send close brothers an email?

inc a copy of your swinton email to

 

tell them you will NOT be paying the unlawful £30 penalty fee and if they do register a default for the £30 fee (haing paid the £8.50) you will raise a serious complaint against them with the FCA/ICO/FOS .

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I can't find a contact email from Swinton website. I've looked at Swintons website here https://www.swinton.co.uk/contact-us/customer-feedback/

It says Unfortunately, we’re unable to process policy cancellations via email. To discuss cancelling your policy, please call our dedicated team.

The link below does not have a contact email address, so the only option is to call swinton to cancel the inurance?

https://www.swinton.co.uk/contact-us/

Above link does make mention of live chat, but I can't find that link

 

If swinton is wanting customers to call them to cancel the insurance, do I just tell them I want to cancel the insuramnce because of covid19 and lost job, what if they tell me i have to pay a cancellation fee of £25?

It shows Cancellations after the 'cooling off' period is £35 here https://www.swinton.co.uk/globalassets/4.-new-page-blocks/terms-and-conditions/home_tob_online.pdf

 

As for Close Brothers Premium Finance, I've found this link about cancelling the insurance the process is exactly like what you said

https://www.closebrotherspf.com/faqs/what-do-i-do-if-i-want-cancel-my-insurance-policy-or-credit-agreement

The contact details i've found here https://www.closebrotherspf.com/help-and-support

 

Email

You can get in touch via email at:

customerservicespf@closebrothers.com

 

The letter states paying your arrears to call automated service on 0333 321 8586 or send a cheque to their address, it does not show any details on how to pay via BACS like you recommend?

 

Letter then states update your DD details so they can start collect monthly payments by calling automated service on 0333 321 8586

 

What order and how do you now suggest getting things done please

 

 

 

 

 

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their bank details to use on faster payment on your banks website should be on the dd mandate you signed up too?

get the £8.50 paid first please

 

stop being taken for a fool and take control of things not be controlled by what you read it YOUR MONEY you CHOOSE what to do with in not some stupid ins co, finance com or powerless DCA.

 

pers i'd use the current situation to your advantage!! Swinton have no idea you've been calling  since before you cancelled the dd have they..(wink)

refuse the extra charges. tell don't be told!!

record you call!

then follow it up by royal mail.

 

as for close brothers use email


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I've gone to online banking and looked under cancelled DD for Close Brothers their bank details are not showing all that is showing is the below

Payee name
    CLOSE-SWINTON
Customer reference
    12345678
Status
    Cancelled
Last paid on
    14 Mar 2020
Last payment amount
    GBP 8.50 ,l

 

What do you suggest now?

 

 

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will be on the DN?

and you MUST have been sent them when you signed up to the insurance look at the documents you got

 

you need sort code

account number

and your agreement number as payment ref. no.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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what happened when you took out the insurance palns that the ANNUAL premium was broken down into monthly payments and you do this via a cedit agreement with another company, who effectively pay the original bill in one lump for you.

 

You didnt cancel the insurance contract, you just stopped paying the money you owe the third party and now they want the money they have lent you back.

 

What they cant do is charge you £30 extra if your intention was indeed to cancle the policy. however, if you cancel the policy you arent entitled to your money back anyway as it was a one off charge and the monthly DD is repaying a  loan remember?

 

Bear this in mind when you try and cut down on your outgoings as you are now reliant to them doing the decent thing.

 

So insurance companies are giving partial refunds on car and home insirance because the risks are less,

ie a house occupied all of the time is less likely to get burgled for example.

Speak to them

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Posted (edited)

I don't have any documents that close brothers sent me all I have is an email saying to sign the documents via electronic signature and that link when clicking on it has expired, so I have no way to find out what their sortcode and account number are to make £8.50 payment.

 

When I try to register for online close brothers account, it will not accept the bank sort code on the registration page keeps coming up with invalid sortcode - is this due to cabcelling the DD?

 

Edited by stephrayner

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ericsbrother, i cancelled the DD not knowing I had to get swinton to cancel the insurance from their side first as dx100uk has pointed out to me.

 

Now not having close brothers sortcode or account number means I can't make payment and they have given me deadline of 9th May to make £8.50 + £30 costs = £38.50 payment and then update DD so they can collect payments again.

 

Because of not having close brothers sort code and account number, what should I do now?

 

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Despite have numerous old policies

i cant find it either

 

ill check bank statement later


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Posted (edited)

Your default letter should not have been sent out so quickly if you only missed April payments. CB's should have sent you a reminder and a further reminder if i'm correct. You cancelled your direct debit in March, missed Aprils payment, then you receive a default notice from close brothers which is wrong because  default doesn’t comply with the “3-6 months arrears” rule then you can ask for it to be corrected.

 

I would suggest you pay the £38.50 immediately to stop it going any furher, get the direct debit up and running again, then contact CB to get them to explain why they sent you the default notice before the “3-6 months arrears” rule and warn them you will be taking this to the Financial Ombusman and requst a refund of the £30 extra you have paid them.

 

If experian put a default notice on your credit file then your default doesn’t comply with the “3-6 months arrears” rule then you can ask for it to be corrected.

 

After that get the insurance cancelled by calling swinton insurance, tell them you will not be paying the cancellation charges.

Edited by Purpleflowers 2
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Quote

 within the “3-6 months arrears” rule

 

 

No such rule Im afraid...a default is a default whether 1 or 3 missed payments..their T&Cs clearly state what will happen in the event of a missed payment.

 

Andy


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How can the OP check if the default notice close brothers sent her has effected her credit record, what can she do to have it removed if its on her experian credit record?

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Check her CRA,s...just because a DN was issued does not mean it was registered instantly..it will allow the prerequisite 14 days and may not be registered unless a further 1 or 2  none payment occurs. 


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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And no dont pay the £30 unicorn food tax charge!!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Posted (edited)

Well , when you decide to repay the premiums by installmentt on an insurance policy, the provider sometimes take out a credit agreement on your behalf. The agreement is between you and the credit provider. That is the insurer(if they are licenced),or a separate credit provider company, or if an underwriter is being used , then that body..

 

The agreement would be fixed sum restricted use agreement (note, so a CCA request, would be under section 77), The debtor would be you, the recipient of the loan would be the insurance company.

Therefore  you in fact open two accounts on instignation of the policy, one for the sale and one for the credit.

 

If you cancel the sale agreement by cancelling the sale(policy), it still leaves the credit agreement. 

 

Any party can end a credit agreement at any time, however the sums remaining under it have to be settled.

 

This is what the insurance company contend.  First steps are SAR request(gpdr) and CCA 79

Edited by Peterbard

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Sorry time run out,  its section 77 request not 79 you need


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I ended up paying the extra £30 because I did not want the default notice but that may still be on my credit file yet to check

 

How can I get the £30 back from close, can someone help me with a letter

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eh?

why did you pay it?:crazy:

you should only have paid your £PCM .

cause they cant issue a default solely for missed unlawful penalties..

 

so who and how did you pay?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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