URGENT HELP needed. AVIVA are doing my head in.

moredough

Advice needed please.

Towards the end of October this year, I realised I hadn't had a reminder for my home insurance due in the middle of October. So I phoned up and asked why not. They said sorry we don't know. After a lengthy discussion, I was told OK we can back date your policy. This is where the confusion starts. At no point was I told you haven't had insurance since October 2008 and at no point was I told of any outstanding money.

2nd Of November 2009 I get a letter saying 'Thank you for insuring with us over the last year. I'm pleased to enclose your home insurance renewal documents which will provide cover from 12th October 2008' (notice the years) This is when I realise I haven't been insured for over 12 months (That's why I never received the reminder this year) and now they're trying to back date my policy to October 2008.

I also received another letter, well a default notice, dated 31st October 2009 which reads ' Premium due date 20th November 2008, Upon checking our records we note that we have been unable to collect £xx on 11th October 2009 and we do not have a valid direct debit instruction. Regrettably this puts you in breech of the payment provisions of the credit agreement which requires you to pay mothly payments by direct debit. (check the dates again - yes they are correct, Oh and what credit agreement, because if I didn't have the policy then there wouldn't have been one.)

Upon checking my files I realise that I have no correspondence from them since my renewal reminder in September 2008. No attempts had been made to collect any funds and no correspondence was received from them until the letter dated 31st October 2009, which is the same day I called them.

So, basically what has happened is that I forgot to renew in October 2008. A foolish oversight on my part I know, they are saying they have backdated my insurance to October 2008. (that's one hell of a time to backdate a policy) and are now trying to charge me for it.

Although I am aware that I should have taken out insurance for that period, I feel unwilling to pay it because, say for example I had tried to make a claim in, say May 2009, they would have said' Sorry Mr x, but your policy expired in October 2008'. I am getting no joy in speaking to them. They keep saying they'll call me back, but never do.

Anyone know where I stand legally.:mad::mad:

missile

It was your oversight and I don't see that you have any grounds for complaint:mad::mad:
Just think yourself fortunate you did not have an incident.:rotfl:

huckster

Hi

Legally you can tell them to get lost, as if you have not asked them to renew from October 2008, you have not agreed to extend the contract period.

Suggest that you send a complaint letter by recorded delivery and in the meantime arrange cover elsewhere.

Just make sure that Aviva do confirm in writing that the policy has been cancelled from October 2008 and no monies are due. You don't want Aviva doing anything silly like noting your credit record with credit reference agencies or passing this matter to debt companies.

In fact at some point shortly I think you should check you credit record, as it concerns me that have issued a default notice. Experian and Equifax offer free trials. If they have, you could seek compensation from them and possibly consider legal proceedings to sue for damages.

moredough

missile wrote: »

Just think yourself fortunate you did not have an incident.:rotfl:

That says it all. I wasn't insured, so why should I pay for it.

I agree it was an oversight on my part.

but NO NO NO. you didn't hear me.

Firstly if never had insurance for over twelve months how can they now make me pay for it. They wouldn't have paid up if I made a claim, would they? Seriously, would they? I WASN'T insured.
If I had been informed of this when I made the call on 31st October 2009 then I wouldn't have agreed to backdate it to October 2008. at no point was 2008 mentioned and at no point was any outstanding money mentioned. Both myself and the advisor I spoke to were discussing the issue thinking my insurance had just ran out in October 2009. I think the advisor never realised it was 2008 either.

They want to charge me for last year and this year.

They issued a default notice in November 2009 for my premium due in October 2008. Never once did I receive a letter since October 2008 asking me to pay ANYTHING. They wouldn't because I wasn't insured. Do you get it NOW!

moredough

huckster wrote: »

Suggest that you send a complaint letter by recorded delivery and in the meantime arrange cover elsewhere..

Yes was thinking that, even though they insist I am insured now, they haven't taken a payment from me since September 2007.

moredough

Yes they have set up a new DD which was due to be taken on 17th November 09, It wasn't taken. I can see that in my online banking. Although when I spoke to accounts they said it was due on the 10th. I really am getting no-where fast with these guys.

Astaroth

I am confused.....

You phoned them, argued with them and YOU asked them to backdate the policy. You are now complaigning that they have backdated the policy?

If you did not have any claims to be made for the period without insurance why didn't you just buy insurance to incept from the date you were talking to them on the phone and consider yourself lucky to have either not needed to claim whilst uninsured or having not paid insurance during a time without accidents etc?

moredough

Astaroth wrote: »

I am confused.....

You phoned them, argued with them and YOU asked them to backdate the policy. You are now complaigning that they have backdated the policy?

If you did not have any claims to be made for the period without insurance why didn't you just buy insurance to incept from the date you were talking to them on the phone and consider yourself lucky to have either not needed to claim whilst uninsured or having not paid insurance during a time without accidents etc?

I backdated the policy thinking it had just expired in October 2009. I thought I was backdating it for 2 weeks. At no point was I told I hadn't had insurance since October 2008. I do not think the advisor noticed the year gap either, and I most certainly wasn't told about the year gap I was told my monthly paymants would be £30 something. that was all. I wasn't told about any previous outstanding balance. They want £30 something a month from me plus an outstanding balance of £300+.

I THOUGHT (wrongly) that I was backdating a couple of weeks to October 2009. So did the advisor.

Simulacraton

Hmm, I think from experience you should be given the option to pay and cover yourself for the backdated period (in case of potential long term claims for subsidence , which you may not yet be aware of), OR not pay and they simply don't backdate it.

As it stands you have not suffered financially.

Aviva have probably just informed you to pay in the hopes you will (as they are a business, and businesses like making money), but they will know that if you don't pay, no big deal, they just wont amend the cover.

As for DD's being set up: When was it set up? They can take time to be processed and are not like an instant cash transaction. First payment date may be a bit skew-wiff until next month.

I don't think there is much to moan about in this case to be honest. You can get on the high horse about hat 'could' have happened...but it didn't. Errors made on both sides.

moredough

They issued the default notice, automatically i assume, upon receiving my phonecall on 31st October 2009. I hadn't even received any correspondence from them in relation to my new policy so I could realise the error.

moredough

Simulacraton wrote: »

As for DD's being set up: When was it set up? They can take time to be processed and are not like an instant cash transaction. First payment date may be a bit skew-wiff until next month..

The DD was set up easily in time. It was showing on my bank account on 9th November if not before. Payment was due on 17th. That's enough time isn't it?