16yr old minor, moped insurance, unauthorised cpa

[Canderton]

Hi, I'm new to site but need advise please! Please bear with me

I rang and sorted out moped insurance for my 16 year old using my debit card for the 'one off' premium to get the insurance started, I then gave my bank details for the direct debits, this is to onesure insurance.

I emailed in April to start cancellation of the contract due to moped being sold and another needing insuring. I had tried on the Friday evening to make the swap of mopeds but was told phoneline for the changes I needed to make was closed and would need to call back the next day, so called Saturday afternoon after work and line was closed again.

Needed the moped to be insured that day so had to go with alternative insurer and wrote email to onesure to cancel.

They emailed back a week later stating I couldn't cancel unless the policy holder (my son) informed them. I emailed them stating they were happy enough to set up the contract without him and as he was 16 I was informing them that contract is to be cancelled.

I cancelled the D/D with the bank and thought nothing of it. Received a letter in May with charges for a returned direct debit then another later on 3rd June cancelling the contract with a list of trumped up charges to boot.

Found out out today they took £8.85 on the 16th June and £110 today via my bank card as a cpa.

My advice that is needed is, as I am a third party mandate are they allowed to take out of my account without my permission and no forward notice? I have never signed anything and I was told it was a one off payment not a cpa.

although my son signed the contract with them, I have not. I have not signed anything also concerning being a guarantor.

I did try today to call onesure but conveniently both managers were not in, so would really appreciate any help guys

[des8]

Re: 16yr old minor, moped insurance, unauthorised cpa

Hi and welcome.
Sorry to hear about your problems
Firstly regarding the CPA, when you cancelled what you thought was a direct debit the bank should have stopped the CPA.
In 2013(?) the FCA said that banks must stop a CPA when asked and any further payments made in error must be refunded by the bank.
However by giving Onesure the card number you were effectively giving them a CPA, and no, you don't have to sign anything!
Could you prove that you thought this was a one off payment? If you thought it was a one off payment who was going to pay the premium installments and why did you cancel the DD? It wouldn't need cancelling if it was a one off payment.

Regarding the cancellation of insurance Onesure are almost correct. As a third party (you) had ordered the cancellation the insurer would reasonably either check with the insured that the insurance was to be cancelled, or would write to the insured warning him that the policy was about to be cancelled on your orders.

You mention a list of trumped up charges. There will be charges for early cancellation of the policy and these would include finance company fees, insurance company fees and probably a Brokerage charge of some sort from Onesure.
The list of fees should be in accordance with the paperwork sent you when the policy was taken out.
If you are still unhappy about them, post them up so we can check for you.

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Hi many thanks for your reply.

The one off payment made by card was to start the policy immediately. Then the rest of the instalments (monthly ) were set by D/D. I was told on the phone 'are you able to make a one off payment on your card today to start the policy'

After cancelling with them I cancelled the D/D through my online banking, just to cover my back if they still carried out taking money.

They never wrote to my son to tell him that I as a third party was trying to cancel his policy.

I understand some of the charges just not all of them. I never took out legal assistance and nowhere on the actual insurance cover letters state I took this and this is one of the charges put on at £29.95. And mid term adjustment fee of 29.95. And arrangement fee of £26.00.

Ill have to check my online banking statements but I'm sure the arrangement fees were included with my one off deposit?

Also if there so adamant that the policy is my sons responsibility, and not I. Why take the debt out of my bank? Like I said I personally didn't sign any guarantor documents.

Thank you

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

I'm on my phone and can't work out if can upload a photo so will write this down.

01. Insurers charge for time held on policy. £285.12
02. Excess protection policy. £0.00
03. Breakdown policy. £0.00
04. Legal assistance. £29.95
05. Arrangement fee. £26.00
06. Mid term adjustment fee. £29.95
07. Repayment interest. £12.50
08. Late payment fee. £0.00
09. Direct debit arrangement fee. £0.00
10. Recorded delivery fee. £0.00
11.. Cancellation fee. £50.00
12. Loss of commission charge. £2.99
13. Credit card charge. £0.00
14. Total charge. £436.51
15. Collected by CPF (less interest payable) £224.92
16. Total paid direct to onesure. £92.74
17. Total transferred from previous policy. £0.00
18. Total paid. £317.66

19. Balance. £118.85

this is for the policy incepted on 3rdAug2013 and cancelled on 27thMay2014.

Right after reading all this I understand the charges just not the legal assistance one. Here are my payments.

Aug2013. £63.41
Sept2013. £35.06
Oct2013. £29.32 (changed moped)
Oct2013. £35.04
Nov2013. £41.43
Dec2013. £41.41
Jan2014. £41.41
Feb2014. £41.41
Mar2014. £41.41
Apr2014. £41.41
i get this as total. £411.32
then
Jun2014. £8.85
Jun2014. £110.00

Total. £530.17

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Also just rang my bank again regarding the CPA and I've just been informed it hasn't been taken as a CPA but as a normal transaction using my card. I can't put a stop on this except to block my card and get a new one.

[bluebottle]

Re: 16yr old minor, moped insurance, unauthorised cpa

I'm on my phone and can't work out if can upload a photo so will write this down.

01. Insurers charge for time held on policy. £285.12
02. Excess protection policy. £0.00
03. Breakdown policy. £0.00
04. Legal assistance. £29.95
05. Arrangement fee. £26.00
06. Mid term adjustment fee. £29.95
07. Repayment interest. £12.50
08. Late payment fee. £0.00
09. Direct debit arrangement fee. £0.00
10. Recorded delivery fee. £0.00
11.. Cancellation fee. £50.00
12. Loss of commission charge. £2.99
13. Credit card charge. £0.00
14. Total charge. £436.51
15. Collected by CPF (less interest payable) £224.92
16. Total paid direct to onesure. £92.74
17. Total transferred from previous policy. £0.00
18. Total paid. £317.66

19. Balance. £118.85

this is for the policy incepted on 3rdAug2013 and cancelled on 27thMay2014.

Right after reading all this I understand the charges just not the legal assistance one. Here are my payments.

Aug2013. £63.41
Sept2013. £35.06
Oct2013. £29.32 (changed moped)
Oct2013. £35.04
Nov2013. £41.43
Dec2013. £41.41
Jan2014. £41.41
Feb2014. £41.41
Mar2014. £41.41
Apr2014. £41.41
i get this as total. £411.32
then
Jun2014. £8.85
Jun2014. £110.00

Total. £530.17

Were you asked if Legal Assistance Insurance was required? Some of the bigger corporate brokers, e.g. Swinton, try to charge you for it whether you want it or not. Strictly speaking, this practice is a no-no. If they did not mention it on inception, or ask if it was required and it does not appear on the policy or on a separate policy then they must repay the fee and any premium(s) relating to it. I would challenge them about this. Be prepared to be firm and, if necessary, be prepared to pursue the matter with the Financial Ombudsman Service (FOS).

[des8]

Re: 16yr old minor, moped insurance, unauthorised cpa

You're quite right BB.
For a short time (very short) I worked for one of those outfits, and the staff received bonuses for selling X numbers of these add ons. Although officially against company policy the staff would include the add on without telling the client.
I always advised (and still do) against purchasing "legal assistance" as a waste of money.

Regarding the charges and payments made, I can't balance the figures either.
Charges (items 01 - 13) total £436.51
Payments listed upto but not including June total £411.31 (does this include £92.74 paid to Onesure as item 16?)
Balance possibly owing £25.20.

Records somewhere are wrong.

In post 1 you said you used debit card to make a one off payment to Onesure.
You then gave them card details to set up a direct debit.
Was this to pay the finance company installments directly and not for Onesure?
Presumably CPF are the finance company.

If the above assumptions are true it looks to me as if Onesure may be in trouble as they have possibly dipped into your account without authority. We would really need to see what paperwork has passed between you, and how often you have authorized Onesure to take money from your account, (there are certain account fees listed which may be brokers fees you paid to Onesure)

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Hi bluebottle,

cant remember exactly how the call went but I do recall being ask if wanted different extras like the breakdown cover and said no to them all. I just wanted the moped insured with no extra costs so can't see that I would of said yes to legal cover.

Im also sure now that I've gone through my bank statements (as above) and I believe I've overpaid rather than underpaid. In my eyes the whole thing is fraudulent, taking more than they should overall then having the balls to randomly take my money out of my account. I have now asked bank to investigate and will be sending onesure a not so nice email as between my hours of work and theirs I can't seem to actually get hold of a manager.

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Hi des8,

all of my bank statements refer to onesure for the payments. And yes CPF are the finance company. I'm confused by it all to? I'll have a look at the letters again.

[des8]

Re: 16yr old minor, moped insurance, unauthorised cpa

[QUOTE

. I have now asked bank to investigate and will be sending onesure a not so nice email as between my hours of work and theirs I can't seem to actually get hold of a manager.[/QUOTE]

Don't speak to either bank or Onesure. Everything must be in writing so you have a record from now on in.

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Found a letter.

I've applied for finance from close premium finance to pay for my insurance premium arranged through one sure insurance ltd cdl.

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Email classed a writing? Or pen and paper job?

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Should I tell bank not to investigate then as there sending me a letter to sign through the post to begin investigations?

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Found another

policy underwritten by: highway insurance company limited. Part of liverpool Victoria.

[Canderton]

Re: 16yr old minor, moped insurance, unauthorised cpa

Des8, with regards to item 16 I can only conclude my first payment and third payment might be that as they total £92.73??