swinton insurance dispute

[wendy woo]

i took our insurance with swinton insurance paid 1 month in advanced, we cancelled the policy before the first month was up as thr car brokedown and as i'm dissabled i took on a mororbility car as i had no cash to buy another car straight away, the car came with insurance so my swinton policy was of no use I wrote and explained to swinton and heard nothing back for a couple of months then i got a letter to say i owed them £97 if you add this to the month i paid it's the same amount as the full years policy i canclled surly this can't be right?? anyway within a month i have received a letter from thier legal collection dept saying as they have my bank details they are going to take it from my account without my permission could some one please tell me if this is legal and if not how can i stop them thank you

[bluebottle]

Re: swinton insurance dispute

Not without a court order they can't. However, I am going to bump this thread for other LB members who are well-versed in insurance law to look in.

:bump:

[enquirer]

Re: swinton insurance dispute

... i have received a letter from thier legal collection dept saying as they have my bank details they are going to take it from my account without my permission ...

Does it actually say this? If so, you have good grounds for a formal complaint against the company.

... could some one please tell me if this is legal ...

No, it isn't legal. If there's a dispute, they have to sue you for it. They can't just help themselves.

...and if not how can i stop them

Write to your bank and inform them that there may be an attempt by Swinton to make an unauthorised debit. If they then allow it, it's their problem too.

[alham]

Re: swinton insurance dispute

Yes, make sure that you speak to the bank, they MUST stop any payments.

[bluebottle]

Re: swinton insurance dispute

Having done a bit of research, Swintons need to be reminded that taking money from people's bank accounts without their permission is a criminal offence, particularly, Fraud by False Misrepresentation (Section 2, Fraud Act 2006), no matter what they say. If they can prove they are owed the money, they MUST go through the correct legal procedures, not do what they like. Swintons' senior management might also like to study Section 12 of the Act, as this applies to them and the company. The company can be fined without limit and they can go to jail.

Your bank MUST be told to reject ANY attempt by Swintons' to debit any money from your bank account. Ask for it to be referred to the bank's Fraud Prevention Department and to be notified of all and any attempts by Swinton to take money.