Remote selling regs, the terms of.

Remote selling regs, the terms of.

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Fermit The Krog and Sarah Sexy

Original Poster:

12,908 posts

100 months

Monday 18th July 2016
quotequote all
Any advice from anyone in the know would be appreciated. The last insurer of the van sent me a renewed policy through the post, which was twice the price I could obtain elsewhere, so I cancelled. The renewal reminder I think went to a now defunct email address.

They are now trying to pursue me for a £38 cancellation charge. My understanding is that the terms of the remote selling regs state that you can cancel any remote (IE you not there in person) purchase without any charge, fee or penalty within 14 days, which it was. I have therefore told them I don't believe the charge is lawful and that I won't be paying it.

Has anyone a solid knowledge base of this law, who can confirm if I am in the right, or they are by stating 'it's in our T&C's.

I'm not interested in a long drawn out charade over £38, but I genuinely believe that they're in the wrong here.

fat80b

2,264 posts

221 months

Monday 18th July 2016
quotequote all
I would probably fight it but I seem to remember that the Distance Selling Regs don't apply to renewals...

It does look like the DSR has been replaced by The Consumer Contracts Regulations which still has the 14 day cooling off period but a quick google doesn't provide a definitive answer.

Bob

spookly

4,018 posts

95 months

Monday 18th July 2016
quotequote all
I had a similar thing with a pet insurance policy.
They sent an email from a dodgy sender address, different from the one they used normally, and the renewal notice was flagged as spam and went into my spam folder. As soon as I saw from my bank statement that they had doubled the premium I rang up and cancelled. They told me there would be a £30 cancellation fee. I told them to stick it and cancelled the direct debit to ensure they couldn't take payment.
They sent a letter demanding payment. I told them they were free to pursue their measly £30 through the courts and that I would pay it the morning of any court appearance. I think they realised it probably wasn't worth the cost of chasing it up as I've never heard from them again.

Fermit The Krog and Sarah Sexy

Original Poster:

12,908 posts

100 months

Monday 18th July 2016
quotequote all
fat80b said:
I would probably fight it but I seem to remember that the Distance Selling Regs don't apply to renewals...

It does look like the DSR has been replaced by The Consumer Contracts Regulations which still has the 14 day cooling off period but a quick google doesn't provide a definitive answer.

Bob
Boggor! They're swines, if they were competitive they'd still get my custom. £600 somet to insure a circa £1000 Kangoo for a 39 year old with 9 years NCB - they consider me a more than 1>2 risk it seems rolleyes

I shall do what the other poster suggests, DD already cancelled, I'll let them chase me, ignore them, and see how long they carry on over £38.

spookly

4,018 posts

95 months

Monday 18th July 2016
quotequote all
Fermit The Krog and Sarah Sexy said:
Boggor! They're swines, if they were competitive they'd still get my custom. £600 somet to insure a circa £1000 Kangoo for a 39 year old with 9 years NCB - they consider me a more than 1>2 risk it seems rolleyes

I shall do what the other poster suggests, DD already cancelled, I'll let them chase me, ignore them, and see how long they carry on over £38.
The worst outcome is that they waste time and expense chasing it and then you pay it at the last minute. I wouldn't advise waiting till it get to court though as that could end with a CCJ.

May also be worth lodging a complaint with the insurance ombudsman and letting them know that. They can't reasonably expect you to pay up while there is a case outstanding with the ombudsman, and that'll take ages.