Swinton Cancellation Charge / Auto renewal

zen_navigator

I know there are several threads on this subject. I didnt see one which reflected my situation.

Here goes, I have\had a policy with Swinton Home Insurance. Which I knew was ending. I ran the full 1 year term and decided I would go else where as their new preminium was not competitive.

I cancelled my direct debit and took out a new policy with a different broker\insurer.

Swinton sent me a new policy on the first of the month. I rang and said, it has ended. They stated if you didnt advise us a new term begins. If you are cancelling then it is subject to a cancellation charge.

Is this auto renewal enforceable?

Can I tell them to go forth and multiply :rotfl:or am I the one who is stuffed?

Quentin

You are the one who has failed to read the documents, and they are entitled to charge the cancellation fee you agreed to by accepting the ts + cs when taking out the policy.

Cancelling a dd only stops that method of payment. It doesn't release you from your contract.

Rolandtheroadie

A friend has had loads of problems with the auto renew with Swintons even although he's been trying to halt it.
Initially they wanted £50 as he wasnt going to renew. They kept trying to tell him he was cancelling.
This then became £25 as he wasnt renewing.
Eventually he's ok.
i've got it all to come as mines should auto renew in April.
Unfortunately as mentioned, you've let the new policy kick in.

zen_navigator

Quentin wrote: »

You are the one who has failed to read the documents, and they are entitled to charge the cancellation fee you agreed to by accepting the ts + cs when taking out the policy.

Cancelling a dd only stops that method of payment. It doesn't release you from your contract.

I appreciate cancelling teh DD doesnt break me from any contract.

My point was I honoured the full term i.e 12 months and therefore not contractually obliged to extend beyond that period.

I will have to look at the detail on the previouos policy, but I dont recall this auto renewal? It that contractually binding dont they have a requirement to tell you!?

zen_navigator

scotsman4th wrote: »

A friend has had loads of problems with the auto renew with Swintons even although he's been trying to halt it.
Initially they wanted £50 as he wasnt going to renew. They kept trying to tell him he was cancelling.
This then became £25 as he wasnt renewing.
Eventually he's ok.
i've got it all to come as mines should auto renew in April.
Unfortunately as mentioned, you've let the new policy kick in.

Yeh, well. I going to give them a call and and plead ignorance and then become mr angry and finally beg forgiveness or I could just put my head in the sand and it all might go away

Houghtonregis

I had a similar problem last year despite phoning my local branch to cancel at least 4 times, received a letter stating that they had cancelled my policy and required me to pay £185 in charges. They denied all knowledge of any calls to the Luton branch, and only after I took the matter up with their Head Office in Manchester did they begin to look in to it.

In the end I had to fax a phone bill showing the call as they were basically calling me a liar!! An alternative would have been to have sent them a copy of my new insurance stating that I was covered from the date that their cover ended.

dunstonh

My point was I honoured the full term i.e 12 months and therefore not contractually obliged to extend beyond that period.

I will have to look at the detail on the previouos policy, but I dont recall this auto renewal? It that contractually binding dont they have a requirement to tell you!?

As long as its in force when you took the policy out and its in the T&C then they have done that part of it. On renewal, the FOS expect the renewal letter to clearly state what to do if they wish to cancel. If it is clearly stated then there is no error. If it is not clearly stated then the FOS will usually agree with you. Most do clearly state it on the renewal letter and its the fault of the individual for not reading it.

nellytheelephant

Ugggh, I'm with Swinton - called them 2 weeks ago to get my renewal price, they said they'd call me back within 10 minutes with the price - still waiting!!

It's a bit off if they auto renew without giving you the price, I'd happily renew at last years price. I can't see how they can do this legally if you don't know how much it is!

zen_navigator

dunstonh wrote: »

As long as its in force when you took the policy out and its in the T&C then they have done that part of it. On renewal, the FOS expect the renewal letter to clearly state what to do if they wish to cancel. If it is clearly stated then there is no error. If it is not clearly stated then the FOS will usually agree with you. Most do clearly state it on the renewal letter and its the fault of the individual for not reading it.

I dont recall receiving a renewal letter. I got the new policy on 3rd of the month. By then I cancelled the DD.

That was my point, it appears Swinton have made no effort to confirm if I want to renew just sent out the policy and assume I want it.

I phoned them up, and unlucky(or words to that effect) and said, I have gone else for my Home Insurance. They said they had phoned my home a couple of times but no pickup. The girl said she would cancel the policy and nothing was said of any cancellation charge at the time of the call.

zen_navigator

nellytheelephant wrote: »

Ugggh, I'm with Swinton - called them 2 weeks ago to get my renewal price, they said they'd call me back within 10 minutes with the price - still waiting!!

It's a bit off if they auto renew without giving you the price, I'd happily renew at last years price. I can't see how they can do this legally if you don't know how much it is!

and that is my point!

Cant believe it legal!?

I suspect it is going to come down to a who caves in first, I refuse to pay and they do their stuff, debt collect etc.

Can they prove they advised me of the renewal price before ther renewal date? No recorded deliveries or calls were received from Swinton and the first time I knew of the new premium after the end of the previous policy.

trukdiver

zen_navigator wrote: »

and that is my point!

Cant believe it legal!?

I suspect it is going to come down to a who caves in first, I refuse to pay and they do their stuff, debt collect etc.

Can they prove they advised me of the renewal price before ther renewal date? No recorded deliveries or calls were received from Swinton and the first time I knew of the new premium after the end of the previous policy.

It's normal practice to send letters out about a month before renewal is due. They are sent out automatically by computer. Are you sure you didn't just bin it thinking it was junk mail?