Car Breakdown Renewal

[iandsud]

Hello. My car breakdown expires on the 16th August. I do not wish to renew but I have been away from home for the last two weeks. One of the jobs on my list was to contact them this morning to cancel. However I have discovered that the terms and conditions of the contract stipulate that they take a payment 7 days before expiry, and so the contract has been renewed. I phoned them this morning to ask for a refund, which they offered to do but with an admin fee of approx £10 being withheld. I questioned the legality of this and asked to speak to a manager but was told that no manager was available. So the only option I was offered was to pay the admin fee. This is a service which I found online and paid for online. I appreciate that the amount involved is not significant but I'm concerned that they are acting in contravention to consumer rights. What are my rights in this case?

Thank you in advance.

[des8]

If payment is by direct debit ask your bank to reverse the payment under the direct debit scheme, cancel the direct debit and then tell the agency to go whistle!

[iandsud]

If payment is by direct debit ask your bank to reverse the payment under the direct debit scheme, cancel the direct debit and then tell the agency to go whistle!

Thank you for your reply. However what I would like to know is am I within my rights to do as you suggest or are their terms and conditions binding?

Cheers

[des8]

Not having seen all their T&Cs it is not possible to say.
However I suppose they state that cancellation incurs a charge.
You however are not cancelling, but not renewing.
They may try and claim the contract has been auto renewed and so you are cancelling
I would challenge that interpretation.

I think you are probably within your rights to call for a chargeback, and if you do what are the agents going to do about it anyway

did they comply with this: https://www.handbook.fca.org.uk/handbook/ICOBS/6/5.html

[iandsud]

Thank you for your reply. I have read the FCA document which doesn't help much. However I have read the breakdown policy document with regards to fees. Fees are chargeable for cancelling the contract. However I have not sought to cancel the policy, as it is not yet effective, I have sought to not renew and there is no mention of charges for not renewing. I have therefore emailed them pointing this out and asking them to refund the fees that have been withheld from my refund. Should they fail to respond favourably I shall contact my credit card company, as it was my credit card which was charged, and seek to reverse the payment of the premium. They can then come to me for a refund of their refund!

[des8]

When you obtain your refund via credit card (you don't really expect them to refund their fees voluntarily) they would be be silly to try anything other than a polite request, which you decline.

I would contact credit card now, before renewal date is reached, on assumption they will not refund.
In the unlikely event you get it twice, you can then repay them