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Author Insurance renewal mess - Legal/consumer advice
Jambo
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Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
User status: Offline
3rd Jun 13 at 17:21   View User's Profile U2U Member Reply With Quote


Was with Elephant last for my car insurance for the M3. I got a reminder in the email that said it was due to expire on 13th May.

I would be out the country at the time, so rang round and got the cheapest price I could with another company. The. Went abroad for a couple of weeks.

On my holiday I got a text from my CC company advising me someone had tried to take a payment of £730, was it me? So I said no as I was abroad and not bought anything for that amount so was worrked my card had been cloned etc, not what i wanted on my holiday! Next day I got a call from Capital One who said this company tried to take payment (Elephant) had tried to take it on my old card which was no longer active. So no payment would have been possible anyway, great so there was £8/9 worth of phone calls I didn't need to make!

So when I got home on 20th I rang Elephant to confirm it was cancelled they said yes and they would send my NCB proof.
They did no such thing so needed to be reminded the following day.

Two weeks later I receive a letter from Elephant, saying I owe them £23 for insurance

I never authorised them to take payment, nor knowingly hold my credit card details on file. Nor did I request insurance from them especial as I had my vehicle insured elsewhere.

I do not have a certificate of insurance to validate this so called period of insurance I "owe" them.

I was going to just ignore the letter, but they kindly said they would send round the debt collectors.

Now I'm not sure you have to inform your insurance company you want to cancel if your policy expires and you don't renew it?! They can't just take your money and carry on. That's not right surely?!

I feel like they are just trying to rip me off and send the boys round if not? Surely with no certificate of insurance and communication from me they cannot just start billing me for shit I didn't ask for? Especially as it was insured elsewhere and two policies is an offence no?

Anyone help? Know where I stand?

Fuming Jambo is fuming.
jbguitarking
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Registered: 21st Oct 09
User status: Offline
3rd Jun 13 at 17:29   View User's Profile U2U Member Reply With Quote

It seems that with most contract these days you have to tell them that you don't want to continue with the service even when its going to expire.

Same thing happened to me last week with Orange, contract expired on the 1st (just gone) so I rang them to confirm and they said its 30 days notice! Stupid as the contract ends on the 1st!

Im sure its all in the fine print but its ridiculous!
Jambo
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Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
User status: Offline
3rd Jun 13 at 17:32   View User's Profile U2U Member Reply With Quote

That's a contract you sign for a service.

Insurance is a schedule you agree to and I have a document proving I have 1years insurance. No more.
John
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Registered: 30th Jun 03
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3rd Jun 13 at 18:01   View User's Profile U2U Member Reply With Quote

Insurance always auto renews unless you tell them otherwise?
Jay
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Registered: 26th Sep 04
Location: Liverpool
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3rd Jun 13 at 18:08   View User's Profile U2U Member Reply With Quote

My van insurance went up from £70 a month to £105 a month I rang and asked why they said your renewal price was more, they now want £210 cancellation fee and aim charge even though I never asked them to renew it.
Generation
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Registered: 7th Jul 09
Location: Essex
User status: Offline
3rd Jun 13 at 18:15   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by John
Insurance always auto renews unless you tell them otherwise?
Jambo
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Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
User status: Offline
3rd Jun 13 at 18:25   View User's Profile U2U Member Reply With Quote

I've never called to cancel a policy before in 12years of driving unless I did it before end of policy
Pop
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Registered: 8th May 03
Location: Reading
User status: Offline
3rd Jun 13 at 18:47   View User's Profile U2U Member Reply With Quote

My renewal recently came up with LV. On the renewal docs it said something along the lines of "don't worry you do not have to do anything to renew, we will automatically take the stated amount on xx date. Contact if you would like to discuss"

Having looked around it was cheaper to go with Admiral this year so I rang LV and confirmed I was going to lapse.

I'd say in the last 13 years of driving I've had to confirm my intentions to lapse policies at renewal nearly every year.
taylorboosh
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Registered: 3rd Apr 07
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3rd Jun 13 at 18:51   View User's Profile U2U Member Reply With Quote

Yea, have to let them know, id ring and pay it... More hastle than its worth
Ian
Site Administrator

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Registered: 28th Aug 99
Location: Liverpool
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3rd Jun 13 at 20:03   View Garage View User's Profile U2U Member Reply With Quote

There's no automatic reason for them to have renewed it. Auto-renew is something the industry just does now, its got no basis in law and they're not legally required to do it.

I'd also question whether there is a contractual agreement.

In your favour, you've not used the service - evidenced by your alternative policy in place - and you've notified in a reasonable timeframe. 7 days is the DSR max for services, not sure if insurance is treated the same but in any case its a short amount of time in terms of notification.

The debt collection issue shouldn't be a worry if you're prepared to argue the case the contract. I don't think it being insurance should affect your right to complain, its a distance purchase which you haven't used, but you'd need to check that before relying on it.
taylorboosh
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Registered: 3rd Apr 07
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3rd Jun 13 at 20:06   View User's Profile U2U Member Reply With Quote

Im sure my elephant policy stated they would auto renew if not informed in the contact
Toby
Premium Member

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Registered: 29th Nov 05
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3rd Jun 13 at 21:08   View Garage View User's Profile U2U Member Reply With Quote

Well it maybe the principal etc. but they have advised you the course of their actions (will be in the renewal pack) about auto renewing and for 23 quid is it really worth the hassle?

[Edited on 03-06-2013 by Toby]
_Allan_
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Registered: 24th Mar 04
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3rd Jun 13 at 23:17   View User's Profile U2U Member Reply With Quote

Pay it, never use them again or mention elephant. We'll have Ian change your username to Dumbo.
Generation
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Registered: 7th Jul 09
Location: Essex
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4th Jun 13 at 00:05   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by _Allan_
Pay it, never use them again or mention elephant. We'll have Ian change your username to Dumbo.



All of this
Ben G
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Registered: 12th Jan 07
Location: Essex
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4th Jun 13 at 00:34   View User's Profile U2U Member Reply With Quote

I was in a similar situation with my insurance company (admiral, sister company to elephant). I phoned up and told them I won't be renewing my single car policy, but I took out a multi car policy instead.

1 month after my old insurance had expired, they took payment for another years single car policy from an old card I had used previously.

Had to phone around loads of indian call centres but eventually got a full refund.
DaveyLC
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Registered: 8th Oct 08
Location: Berkshire
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4th Jun 13 at 08:27   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ian
There's no automatic reason for them to have renewed it. Auto-renew is something the industry just does now, its got no basis in law and they're not legally required to do it.




Its a bit of a grey area, I've worked on projects for companies who want to use Continuous Authority, which in essence allows them to keep taking YOUR money and its totally legitimate

I've been stung by RAC myself (I should have known better): They were doing a £59/year road-side recovery deal which was an absolute bargain, when it came up for renewal I just ignored the letter and then they auto renew'ed my policy for the heafty sum of £170 - Cheeky badgers!

I got my money back though! bastids
whitter45
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Registered: 15th Nov 02
Location: Norton
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4th Jun 13 at 12:16   View User's Profile U2U Member Reply With Quote

Most insurances whether car, home, life etc now automatically renew unless you advise them otherwise
Toby
Premium Member

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Registered: 29th Nov 05
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4th Jun 13 at 17:12   View Garage View User's Profile U2U Member Reply With Quote

Which I would say was in your interest I case you forget to get something sorted. May seem daft but this is an enthuiasts forum and its a hot topic for a female or the elderly it may not be a priority.
Hammer
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Registered: 11th Feb 04
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4th Jun 13 at 17:31   View User's Profile U2U Member Reply With Quote

Any insurance I've had in 12 years has auto-renewed, rightly or wrongly. I just assumed it to be common practice.
corsa-torque
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Registered: 15th Mar 11
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4th Jun 13 at 17:41   View User's Profile U2U Member Reply With Quote

I doubt they'd go to the effort and expense of sending balifts round for £23,
Have you contacted them to tell them where to stick it? Speak to a manager, sure it will just get written off in the interest of customer service

 
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