DD cancellation ignored

The_Wanderer

Three years ago, my ex-wife contacted Tesco Pet Insurance to cancel a policy but was told that as I was the policyholder, I was the only one allowed to do this.

What she then did was to go to the Nationwide to cancel the DD. She was handed a sheet of paper which she duly signed. Having done this she thought no more about asking me to cancel it.

Our daughter looked through her mothers bank statement in the last few days and Tesco have still been calling for the £40 a month and the Nationwide, despite being told to cancel it, have been paying it. That's around £1200!

Because she is on benefits due to ill-health, she qualified for treatment for the dog with the PDSA so the Tesco product was no longer required.

Has she any redress against the Nationwide?

sithmaster

was it a joint account?

dunstonh

Has she any redress against the Nationwide?

If Nationwide have a copy of the cancellation on file then they will refund it from the point of cancellation. However, if they dont. It is unlikely they would refund anything.

The_Wanderer

No. It was an account set up after we divorced.

sithmaster

The_Wanderer wrote: »

No. It was an account set up after we divorced.

so if it was a single account in her name they should have stopped the dd but it should not have gone through her account if the dd was in your name, the bank should have refused it.

you could try that argument if they don't buy that she will need proof (the dd cancelation slip) or it on there records for a refund

zzzLazyDaisy

Sorry if I have missed something, but if the policy was never cancelled, the premiums would still be due. Cancelling the direct debit does not cancel the contract with the insurer.

The policy renews annually, as this was three years ago, you have had at least two renewal notices since then, so you would/should have been aware that the insurance was still continuing.

Edit - if the policy was set up after your divorce, why was it in your name but paid from her account? Your wife will be entitled to be refunded by Nationwide for the DD error, provided they can find the paperwork, but that still leaves you owing the premiums to the insurer (assuming they are reclaimed under the DD guarantee as unauthorised payments).