Unwanted insurance renewal, can i get my money back?

Hi Guys, Looking for some advice please.


I was insured for home and contents with Deeside insurance via monthly direct debit. My renewal was due 19th Jan, but I didn't hear anything, much to my surprise, so did an online compare and went else where. I logged on to my bank to cancel the DD to find they'd already taken the initial renewal payment of £55. I cancelled the DD and emailed the company to say I hadn't received any renewal info, so had gone elsewhere and could they please refund the £55. I did this on 17th Jan, before the renewal was due. I then forgot all about it.


Tonight whilst looking for an email I was expecting but wasn't in my inbox, I checked my Junk mail (Hotmail) and found a reply from Deeside sent 20th Jan. Basically it said, they need to see proof of my new insurance and I am liable for the £55 as a cancellation fee plus costs for time on cover!. It said they had not cancelled the insurance and I needed to phone them on a number provided to do this. They said they emailed the renewal on 27th Dec, which I presume also went to my Junk mail. I don't know about you, but I don't regularly check my junk mail?

I have emailed them back stating it is of no concern to them if I did or didn't take insurance elsewhere and I am not about to provide documentation to them. That they have removed money from my account without permission and for something I didn't want or need and that if it not returned to my account I will take it further.


So people, do you think I stand any chance of getting my money back or should I forget it? I will speak to my bank on Monday but if they can't help, then I'm not sure where to take it from there.


I don't think they made enough effort to check with me about a renewal. Does a DD guarantee state they can take a renewal premium without permission? Does the credit agreement run for more than the 1 year? Just because I agreed a Direct Debit for the first year, doesn't mean I want a credit agreement with them every year! Am I entitled to a cooling off period?


Where do I stand?


Thank you for reading and for any help or advice you can offer.

Comments

  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    You'll probably find that you agreed to auto renewal when you originally took out the insurance. Check your original documents. It's not the DD guarantee that states they can continue to debit you, it's your contract with them you need to look at. Most insurance companies send out reminders saying that if they don't hear from you they will assume you want to continue the cover. From what you've said, it sounds as though any reminder could have gone to your junk folder.

    I don't think you have any chance of getting your money back, as far as they're concerned, you didn't let them know you'd insured somewhere else so they renewed it for you. Standard practice really. They can't be expected to know that their email hasn't been read.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 2 February 2014 at 12:42AM
    I have emailed them back stating it is of no concern to them if I did or didn't take insurance elsewhere and I am not about to provide documentation to them.

    That may have been a bit hasty.

    I do remember reading that the FSA (that was), or was it the Financial Ombudsman, has ruled that if you can show that you have taken insurance elsewhere, then the first company cannot act as harshly as it otherwise would.

    Sorry to have worded that rather vaguely, but I cannot find a reference at the moment. Maybe someone else will.
  • Truepat
    Truepat Posts: 3,278 Forumite
    There is usually a 14 day cooling off period (even on auto renewals) but if you have exceeded that then you will probably have to take the hit.

    It is surprising what can end up in your spam folder.
    35, semi retired, sun, sand, sea, life is good
    When you are done moaning remember that there are people who would love to have your standard of living!
  • visidigi
    visidigi Posts: 6,546 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 2 February 2014 at 9:34AM
    Hi Guys, Looking for some advice please.


    I was insured for home and contents with Deeside insurance via monthly direct debit. My renewal was due 19th Jan, but I didn't hear anything, much to my surprise, so did an online compare and went else where. I logged on to my bank to cancel the DD to find they'd already taken the initial renewal payment of £55. I cancelled the DD and emailed the company to say I hadn't received any renewal info, so had gone elsewhere and could they please refund the £55. I did this on 17th Jan, before the renewal was due. I then forgot all about it.


    Tonight whilst looking for an email I was expecting but wasn't in my inbox, I checked my Junk mail (Hotmail) and found a reply from Deeside sent 20th Jan. Basically it said, they need to see proof of my new insurance and I am liable for the £55 as a cancellation fee plus costs for time on cover!. It said they had not cancelled the insurance and I needed to phone them on a number provided to do this. They said they emailed the renewal on 27th Dec, which I presume also went to my Junk mail. I don't know about you, but I don't regularly check my junk mail?

    I have emailed them back stating it is of no concern to them if I did or didn't take insurance elsewhere and I am not about to provide documentation to them. That they have removed money from my account without permission and for something I didn't want or need and that if it not returned to my account I will take it further.


    So people, do you think I stand any chance of getting my money back or should I forget it? I will speak to my bank on Monday but if they can't help, then I'm not sure where to take it from there.


    I don't think they made enough effort to check with me about a renewal. Does a DD guarantee state they can take a renewal premium without permission? Does the credit agreement run for more than the 1 year? Just because I agreed a Direct Debit for the first year, doesn't mean I want a credit agreement with them every year! Am I entitled to a cooling off period?


    Where do I stand?


    Thank you for reading and for any help or advice you can offer.

    Ahhhh the old threaten a company and tell them you wont do something and only after you've done that do you go on the internet to check your rights muse...

    1) you probably have autorenew on your policy as agreed previously unless you refuse or change the option.
    2) the Junk Mail folder is controlled by your email provider, not your insurer, they cannot be held at fault for you not checking your junk folder.
    3) I love the way you think they have to chase you for an answer when all other companies that do this irritate the crap out of the rest of us ;)
    4) Prove your insurance to them, then ask them for their provable losses in regards to the cancellation amount they wish to surcharge.
    5) DD guarantee will allow you to claim the transaction is unauthorised with the bank and get them to give your money back, but the insurance company will still be owed and can chase you for the funds.
    6) Credit agreement is not 12 months by default, its a credit agreement of a term as agreed by you at the point of purchase.
    7) 'Just because I agreed a Direct Debit for the first year, doesn't mean I want a credit agreement with them every year!' Then don't agree to contracts without making sure you read, comprehend and accept the terms and conditions they clearly lay out before you.
    8) Don't be so confrontational next time before you actually know your rights.
  • cattie
    cattie Posts: 8,841 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    All insurance co's will auto renew when paying via DD & the onus is on the customer to cancel the policy within the companies stipulated time if renewal is not wanted.

    You failed to do this & trying to put the onus on the insurance company will get you nowhere I fear.

    You should note also that when a DD is in force, it is actually usually down to the recipient of the payments to cancel the DD after receiving a cancellation request from the customer. If customers fail to cancel, then the company still have the right to take the DD amount.
    The bigger the bargain, the better I feel.

    I should mention that there's only one of me, don't confuse me with others of the same name.
  • I don't think they made enough effort to check with me about a renewal.

    Well they've put more effort into that than you did reading to what you signed up for.
  • Thanks for the replies. Yes maybe my reply was hasty, I was a little narked to say the least. Clearly I need to pay more attention in the future to what I sign up to. The bottom line is I contacted them 2 days before my renewal date to tell them I didn't want to renew. The fact that they chose not to cancel my policy and the fact that they took the renewal premium well before the actual renewal date is irrelevant.
    I don't see why they need to see proof of other insurance as it is not a legal requirement, it is my choice.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I don't see why they need to see proof of other insurance as it is not a legal requirement, it is my choice.
    Indeed it is, but it does confirm that your intention was to cancel the old policy.

    That's because although it is your choice, no-one would intentionally take out two policies to cover the same risk.
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