Over The Hill
Guru
- Location
- Ridden off into the sunset
A contract is not made by an assumption so they seem to have no grounds to assume you would renew.
AA Home Insurance. Rant alert!
- Thread starter Brandane
- Start date
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Paul99
Über Member
While you are both correct that a contract can not be made by assumption, when the OP agreed to the clause in his policy last year, he also agreed for it to auto renew unless he told them he didn't want to. He didn't tell them therefore the contract is still in force. The payment issue is a little more complicated but the basic answer is a promise to pay is good enough for the insurer. He hasn't paid what was due so they are chasing him for it.
There are all sorts of clever legal arguments that could be used, but I wouldn't be pushing it to court for the sake of £99.
http://www.bbc.co.uk/news/business-20180794
"When we sell new business on a continuous renewal basis, we always tell the customer that is how the policy will be renewed. If the customer says 'No thanks' then we will not put the renewal on a continuous basis."
"When we sell new business on a continuous renewal basis, we always tell the customer that is how the policy will be renewed. If the customer says 'No thanks' then we will not put the renewal on a continuous basis."
OP
OP
Brandane
Legendary Member
- Location
- Costa Clyde
Then they need to make it easier to say no thanks, rather than just lumping auto renewal in with general T&Cs..
And they need to make sure that their call centres are able to answer calls within a reasonable time, so that customers can indeed "call us to tell us"!
I maintain that giving up after being on hold for 15 minutes is more than reasonable from a customer's POV..
Cycling Dan
Cycle Crazy
Like citizens advice says get it down in writing - email or letter. As it is now AA can claim you never canceled the policy. Which is true.
Cancel of your direct debit is not cancelation of the policy. 2* min calls maybe seen as reasonable depending on the time you called aka peak times etc. non the less if that didn't not work you should have made a email or letter regarding the issue that way there is a reference and proof you wanted to cancel in the set period.
Best way forward is to speak to them directly about it and escalate until you have a resolve. After 8 weeks it can be taken outside the company to an independent adjudicator which is selected by the governing body which all companies must have in fiance and other areas. Keep in mind there decision is then final there is no go around. The decision they make is legally binding and is upheld in any court of law. Something is which is made clear.
As I say dispute it with AA and keep records. See if you can find an internal resolve and if not take it external.
From the sounds of it they have you by the balls so to speak. They may be willing to clear it but I would think again about what is possible here. What you want and what is possible are two very different things. You will likely have to look for a comprise which may be half up to 75% of the amount.
From an escalation point of view the failing was on your side for the half hearted attempt to contact them and you are the poorer for it. Try and escalate it up internally as there may be some comprise but I doubt fully. That being said to take it to an independent it costs in the range of 90-£150 just for consideration and an extra £250 range if the customer is found in favor. You will not be charged this either way the company pays such. So I will bet there would be some comprise if the amount is worth 8 weeks of your time if the resolve is not there. . If you go external I honestly think that you are going to be looking at the full amount and any exit charge unless there is something not mentioned.
Cancel of your direct debit is not cancelation of the policy. 2* min calls maybe seen as reasonable depending on the time you called aka peak times etc. non the less if that didn't not work you should have made a email or letter regarding the issue that way there is a reference and proof you wanted to cancel in the set period.
Best way forward is to speak to them directly about it and escalate until you have a resolve. After 8 weeks it can be taken outside the company to an independent adjudicator which is selected by the governing body which all companies must have in fiance and other areas. Keep in mind there decision is then final there is no go around. The decision they make is legally binding and is upheld in any court of law. Something is which is made clear.
As I say dispute it with AA and keep records. See if you can find an internal resolve and if not take it external.
From the sounds of it they have you by the balls so to speak. They may be willing to clear it but I would think again about what is possible here. What you want and what is possible are two very different things. You will likely have to look for a comprise which may be half up to 75% of the amount.
From an escalation point of view the failing was on your side for the half hearted attempt to contact them and you are the poorer for it. Try and escalate it up internally as there may be some comprise but I doubt fully. That being said to take it to an independent it costs in the range of 90-£150 just for consideration and an extra £250 range if the customer is found in favor. You will not be charged this either way the company pays such. So I will bet there would be some comprise if the amount is worth 8 weeks of your time if the resolve is not there. . If you go external I honestly think that you are going to be looking at the full amount and any exit charge unless there is something not mentioned.
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I don't disagree but I would have written to confirm as I know hiw awkward these companies can be.
TissoT
Guru
- Location
- The Home of British cycling
Give the insurance ombudsman a call ... the number is on your policy .. tell them what has happened they will tell you straight away if AA are in breach ! They are good I have used them some years ago !
Cycling Dan
Cycle Crazy
AA is not in breach and no attempt has been fully made by either party to resolve the matter. They will do nothing at this stage.
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TissoT
Guru
- Location
- The Home of British cycling
They are there to give advice to the policy holders rights ... not to be the judge and jury !
Cycling Dan
Cycle Crazy
Indeed they are very much advisory nothing was mentioned about them being a judge or jury. That is the position of the independent adjudicator selected by the governing body of the industry.
Roadrider48
Voice of the people
- Location
- Londonistan
Nothing will happen to you for £99. In a few weeks you'll get a letter or two from some debt collecting company. That's all that will happen.
Or, just swear blind that you did get through on the phone and their operative must have been incompetent and that you did definitely cancel. After all, you do have the phone record that you did actually call.
Or, just swear blind that you did get through on the phone and their operative must have been incompetent and that you did definitely cancel. After all, you do have the phone record that you did actually call.
Cycling Dan
Cycle Crazy
I don't understand how you somehow think that's actually better. At least with AA there is some negotiation where as with a debt collecting company the matter is no longer with AA but that company as they bought the debt in turn there is no negotiation. Then it will become a legal matter one which will have to go through the county court for a county court judgement when a claim is made. From my understanding you cant take legal action in the courts since you are the debitor, only the creditor can (this could be wrong). This is where you would make your defence by filling in the form of not agreeing you owe moeny . On top of that if you refuse to pay then the interest chargers are lets say on the worse side of wongas. If you lose then by god your in the shitter. You pay back the full amount and sail away to your credit rating.
Note: You etc as in OP not you directly.
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TissoT
Guru
- Location
- The Home of British cycling
Spoke to my Mrs who works for a large insurance company ...
She quotes ... Ring them to try and resolve the matter The existing policy should of been canceled ... all insurance company's have different was of dealing with theses Issues
At worst ...THEY could use a debit collector or put you on a insurance Black list for other insurance company's to see
Call them and try and Resolve
She quotes ... Ring them to try and resolve the matter The existing policy should of been canceled ... all insurance company's have different was of dealing with theses Issues
At worst ...THEY could use a debit collector or put you on a insurance Black list for other insurance company's to see
Call them and try and Resolve
oldfatfool
Guru
Out of interest and playing devils self-gratification artist, if Brandane had had a claim during this period would the AA have stumped up, or said sorry sir you are uninsured we hav'nt received any premium?
OP
OP
Brandane
Legendary Member
- Location
- Costa Clyde
This seems to be the most sensible course of action. I will call them now that I have gathered some information and ammunition from the good people of CycleChat. Thanks folks!
