credit agreement with insurance providers

[des8]

Re: credit agreement with insurance providers

Trouble is the ACT accepts delivery is effected by sending to an electronic address specified by the assured for this purpose, if the insured agreed to electronic transmission.
Rather like the Interpretation Act for snail mail.
They need to prove you agreed to the use of your email to send you the c/n to satisfy sec 1.
This they will say is standard practice and the fact you used an online site is proof enough.

Emails do go astray

[Hurricane Puffrose]

Re: credit agreement with insurance providers

what do you suggest, as the paperwork i signed was recieved by snail mail

[des8]

Re: credit agreement with insurance providers

It's getting late and I'm getting confused!

So you were allegedly sent policy docs & c/n by email on 05/06/2015
Later sent Hard copy Proposal form and credit application forms for completion.
You returned these completed with other documentation eg licence copy, proof of driving experience etc.
They then claimed you hadn't sent all documentation
You re-sent it
and from then on it was all down hill.

I'll try and get a timeline set up tomoz, but at the moment I think they are on their normal path of trying to confuse the hell out of the insured for their own monetary gain.
Not many people cancel when they're with them, because the cost is more than cost of continuing with the increase in premium.
And probably not many will fight them

Anyway, nite nite for now.

[Hurricane Puffrose]

Re: credit agreement with insurance providers

night
thank you

[Hurricane Puffrose]

Re: credit agreement with insurance providers

Timeline:

5.6.2015 bought Corsa 2nd hand. chose RCIB (stupidly) and had to call Sales as per their note on the website. Cover agreed to start on 6.6.2015 @ midnight.

6.5.2015: To the best of my knowledge, cover started, collected car, emailed RCIB with all proof requested at that time (photo of front and back of drivers licence, full insurance policy showing myself as a named driver and 9 years NCB.

EMAIL 1: Recieved 18.6.2015
On Thu, Jun 18, 2015 at 3:13 PM, Customer Care <CustomerCare@rcib.co.uk> wrote:

Thank you for your documents, however we are still outstanding the following:-

• A copy of the front of your photocard and the front of your counterpart license
• A signed proposal form
• A signed credit agreement
• A signed certificate surrender form
• 8 years and 9 months more named driver proof


These documents can be sent via email to customercare@rcib.co.uk.

Alternatively,

These documents can be sent via post to:

Right Choice Insurance Brokers
St James House
27-43 Eastern Road
Romford
Essex
RM1 3NH

or faxed to 0845 217 7046

If you have any questions or problems please call us on 01708 336 519.

Yours sincerely,

Katie Hopson Customer Care Right Choice Insurance Brokers Ltd
St James House, 27-43 Eastern Road, Romford RM1 3NH
Phone: Fax: Email:	01708 336 519 0845 217 7046 customercare@rcib.co.uk

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16.6.2015:best friend passed away

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Between 18- 26th june (stupid gmail dumps everything together) I resent the documents a further 4 times

each time i sent them RCIB demanded more documents etc.
------------------------------------------------------------------------------------------------------------------------------
17.6.2015- recieved via royal mail credit agreement and return of documents form which i signed and photographed and emailled.

29.6.2015: day before Sues funeral.
Called up after 3 texts and a missed call (not the best i have ever been) spent nearly 45 mins on phone and was told they were going to add on £336 or so for no proof of NCD (which they admitted was showing on hubs policy as a named driver) I lost the plot to be honest and told them to stick their policy where the monkey stuck the olive, and cancelled policy

29.6.2015 took out policy with Budget.

31.6.2015 recieved invoice (no breakdown) via recorded delivery

the rest you have.

[des8]

Re: credit agreement with insurance providers

So it is easy.
Just keep referring to THEIR T&Cs:"If you are a private customer, you have the right to cancel a new policy within 14 days of when you purchase your policy or of when you receive your policy documents, whichever is later."
The have to prove YOU HAVE RECEIVED the documents.
The fact they sent them is not proof you received them.

I don't think The interpretation Act and Road Traffic Act (which essentially say delivery is effected by the act of posting) could be used as proof if you were defending a claim on the basis of their T&Cs.
I have vague recollections about a discussion on this point some time ago. Perhaps someone else knows more.

[des8]

Re: credit agreement with insurance providers

Hi HP,
Hope your throat recovers soon, and you'll be back keeping order in the house!

Sorry if last post was a bit abrupt but I felt I'd spent all day in the dental surgery after researching for another poster

What I was trying to say is that you have 14 days from receipt of documents in which to cancel.
This is as per Financial Services (distance Marketing) Regulations 2004 sec 10. which refers to "consumer receives" and to "paper, and other durable medium"
It is also confirmed in their T&Cs.

The Interpretation Act refers specifically to documents sent by post as being delivered so doesn't apply here as they claim to have sent their docs electronically.
The Road Traffic Act refers specifically to "certificates" where it refers to delivery as satisfied by transmission.
However other Acts (eg SOGA) make actual delivery to the consumer a duty of the seller

Now the certificate (or cover note) is not the policy document. The policy document is a fairly lengthy contract, which includes a schedule. The certificate is just a legal document certifying a contract of insurance exists.
The T&Cs give 14 days after delivery of the documents.
They have not delivered the documents in hard copy.
They have not delivered the documents in electronic form.
They may claim to have dispatched them, but that is not the same as delivery.
Even their last attempt to send them failed to deliver.

[Hurricane Puffrose]

Re: credit agreement with insurance providers

thanks Des

Dont get this virus, its horrible, im bloody frozen and I know its not cold out!

[Kati]

Re: credit agreement with insurance providers

Thank you for your documents, however we are still outstanding the following:-

• A copy of the front of your photocard and the front of your counterpart license
• A signed proposal form
• A signed credit agreement
• A signed certificate surrender form
• 8 years and 9 months more named driver proof

just butting in here (sorry ) but the paper counterpart license was axed by the 9th June - before they even ask for it - in favour of the DVLAs new online service, and drivers were told to destroy them. It might not make any difference, but the as the counterpart was obsolete (and possibly destroyed) at the time should they even be asking for it??
http://www.autoexpress.co.uk/car-new...-means-for-you

Can I get rid of my paper driving licence?

You should destroy yours now - but you still need to keep your current photocard driving licence. If you've only got a paper driving licence (that's licences issued before 1998) you need to keep hold of it. These will remain vaild and shouldn't be destroyed.

[Hurricane Puffrose]

Re: credit agreement with insurance providers

I have no idea Kati, but they asked me for my NI number so they could check for convictions or something, I did ask why and was told company policy but im getting worried now as to why they wanted it.

[Hurricane Puffrose]

Re: credit agreement with insurance providers

i think this virus is starting to either send me wappy or giving me a brain cell.. I just realised..

they sent me an invoice by recorded delivery demanding money within 1 day but then took 4 days to send me a breakdown by Email??

and their offices shut at about 6, but im getting emails from them at 11pm??

[des8]

Re: credit agreement with insurance providers

Please HP, don't breathe over the computer............ don't want the virus transmitted to Wales!

Re their demands, all they are entitled to according to their T&Cs* is
£45 set up fee
£45 cancellation fee
£25 cancellation of finance fee
£30 Pro Rata premium charge (approx 3 weeks of £520 annual premium-need to see exact figures)
+ insurers admin charge (?£30)

So you are due to pay something over £150 if you don't dispute their fees.
As you have already paid a deposit of £161 you might just be due a return of something miniscule.

I would chase them for a return, but not to the extent of going to court.
Obviously if they continue to demand extra, even to extent of going to court, then defend and counter claim, otherwise I wouldn't bother.

* Their T&Cs:
If you are a private customer, you have the right to cancel a new policy within 14 days of when you purchase yourpolicy or of when you receive your policy documents, whichever is later. For a renewed policy this is within 14 daysof your renewal date. Provided you have not incurred any claims during that period, the insurers will pay a pro-ratarefund of premium minus their administration charge, subject to a minimum charge. We will deduct a cancellation feeof £45 plus any other applicable service charges that you have incurred during the course of your policy. If your policyis being paid by instalments the cancellation of finance charge will apply. If your policy is voided then all of thesecharges will also apply

[Hurricane Puffrose]

Re: credit agreement with insurance providers

right, im going to carry on disputing, I dont mind the deposit being kept i spose, that covers their so called costs but its the attitude of well we can do xyz and you have to bow down.. i doubt it!!

Ive sent a photo of the credit agreement which clearly shows the date of 16.6.2015 and said that even if i DID get the paperwork by post,which i deny as i didnt, that leaves me within their 14 day cool off period, so im not paying them another penny.

any other demands will be met with I do not acknowledge this debt under your t&cs.

I am still worried about the NI number business.

[des8]

Re: credit agreement with insurance providers

I wouldn't be too concerned about the request for N.I. number. It is now part of the system
http://www.theguardian.com/uk-news/2...records-online

[Hurricane Puffrose]

Re: credit agreement with insurance providers

thats ok then :whistle:

i am pretty sure that the headache im giving them they will be sorry they messed with a beagle :tongue2:

- - - Updated - - -

WE WON!!!!!!!!!

further to your recent email correspondence with Connie, I have been forward your email in order to resolve the debt issue. Please could you note the following:

1. The policy was arrange via a comparison website and you would have had to tick the box to confirm that you had read and agreed to our terms and conditions of business before you could you proceed with the cover.
2. Cover was arranged and the documents was emailed to you on the 5^th June 2015, including our motor welcome letter which also states our terms and conditions of business
3. A copy of the terms and conditions of business are attached for your information
4. The correct debt based on the short period cancellation rates of £196.76 is correct.

However, bearing in mind the above, in order to conclude this matter I am willing to remove the debt currently payable, so there would be no further payment required. Please could you confirm this is acceptable by return in order to conclude this matter and I will close our file.


Kind regards




:cheer2::cheer2::cheer2::cheer2::cheer2::cheer2::c heer2: