insurance automatically continuing

firefitter

Hi all
First post on here (although I get on here at least weekly) so 'Hi to all' and a retrospective 'Thanks very much' for what I've gleaned so far

Now to business....(this is a simplified version)
I was atypically remiss in the run up to Xmas and overlooked my home insurance renewal.

I called Aviva, expecting the policy to have lapsed, but was a bit narked to find that they had ......
"automatically started a new policy".

I may be wrong here but I thought contract law required 2 or more parties to go through a formal process of
invitation to treat
offer
acceptance

Aviva seem to have bypassed the process entirely, started a policy by default and now I'm threatened with early cancellation penalties for a policy to which I did not agree.

Anyone had similar experiences? Any advice?

Many thanks

john

mikey72

There have been alot of threads on here recently.
Did you get all the offers to re-new?
Complain, and tell them you will refer them to the FOS and the FSA if you do not get a fair outcome. ie pro rata cancellation, with no fees.

It may also be covered in here
Have a look at


http://www.oft.gov.uk/shared_oft/bus...egs/oft979.pdf

17. Forcing the deal
Including in marketing material an invoice or similar
document seeking payment which gives the consumer the
impression that he/she has already ordered the marketed
product when he/she has not.


29. Asking for payment when they didn’t ask
for the product
Demanding immediate or deferred payment for, or the
return or safekeeping of products supplied by the trader,
but not solicited by the consumer except where the product
is a substitute supplied in accordance with regulation 19(7)
of the Consumer Protection (distance selling) Regulations
2000 (this is known as inertia selling).

Clive_Woody

firefitter wrote: »

Hi all
First post on here (although I get on here at least weekly) so 'Hi to all' and a retrospective 'Thanks very much' for what I've gleaned so far

Now to business....(this is a simplified version)
I was atypically remiss in the run up to Xmas and overlooked my home insurance renewal.

I called Aviva, expecting the policy to have lapsed, but was a bit narked to find that they had ......
"automatically started a new policy".

I may be wrong here but I thought contract law required 2 or more parties to go through a formal process of
invitation to treat
offer
acceptance

Aviva seem to have bypassed the process entirely, started a policy by default and now I'm threatened with early cancellation penalties for a policy to which I did not agree.

Anyone had similar experiences? Any advice?

Many thanks

john

Did they not send reminders that your policy was about to expire and if they did not hear otherwise it would be renewed in accordance with the T&Cs you agreed to when you took out the policy initially?

firefitter

Many thanks for the replies
there was a divorce and the policy was in ex wifes name. re-directed mail.

I think the 'inertia selling' bit of the stuff that Mikey posted will cover it.

Thanks again

dunstonh

I think the 'inertia selling' bit of the stuff that Mikey posted will cover it.

The better option is to provide evidence of the replacement policy to show you are dual insured. Normally companies will agree to refund the required amount (often with no deduction) when you have dual insured.

If you didnt arrange any replacement home insurance then you may get stuck on proving any wrong doing (not that there has been any wrong doing - just unusual circumstances).

I may be wrong here but I thought contract law required 2 or more parties to go through a formal process of
invitation to treat
offer
acceptance

Aviva seem to have bypassed the process entirely, started a policy by default and now I'm threatened with early cancellation penalties for a policy to which I did not agree.

automatic renewal is allowed and very common. You agree it in your contract at the start. The renewal letter states what to do if you dont want to renew. The unusual circumstances meant you didnt get the letter. However, there is no law being broken and no FSA rules being broken. Hopefully common sense will apply and if you are dual insured, it should be easy to sort.

Morgie_2

If your house got broken into or went on fire bet you would be glad they did it then as you would be homeless now and not moaning about something insurance companys do as standard every insurance i have ever had has sent a a4 envelope 2 weeks at least before expiry of old policy saying if you want to continue do nothing or if you want to cancell options ,this is why i cant believe your complaint its your fault stop trying to pass the blame to the insurance company
ps i dont work for an insurance company either, im the first one to moan about insurance companys when deserved.

keith1950

Hi, you say that you overlooked YOUR insurance and later say that it was in your ex wifes name ! So essentially it wasn't your insurance and any claim would have been paid out to your ex wife ! Also, if its in your ex wifes name, why are they discussing it with you ? Surely its your ex wife that is being threatened with cancellation fees ?

forgotmyname

I had issues with a classic car company they took money from my account even after i had cancelled the
direct debits.
They tried to fob me off saying it automatically renews and it was in the paperwork, When i asked them where
as i have the paperwork in front of me which clearly stated 12m policy with 10 payments.
Eventually they admitted they shouldnt have started the new policy and said they would refund my money.

Later i go demands asking for missed payments plus costs. I couldnt be bothered and threw the letters away.

Always keep the paperwork.