Unauthorized auto renew payment taken by AA

JT123

So has anyone had any luck in getting their refund back from AA - or with formal complaints

GingerBob_3

Another example of the auto renew scam. For car insurance they use the excuse that it keeps you insured (because we are all morons and can't ensure that for ourselves). I wonder what the excuse is this time?


Yes, yes, yes, I know it's in the T&Cs, but there's obviously a problem with the concept here, given that so many people are falling into the trap.

InsideInsurance

JT123 wrote: »

As they say 14 day cooling off from the time you receive your policy documentation - and i havent received it - isnt that in breach of their terms and conditions ?

Would this be covered by Sec 75 ?

The problem is that their system will say it was sent to you on X date and assuming it was sent by snail mail then legally things posted are generally considered things received 2 days later (or technically in common law actually at the time of posting). If it was ever to get that far the judge would have to decide if it was more likely that this piece of post was lost by Royal Mail (or UK Mail or whoever) or if you had received it and not remembered/ disposed of it assuming it was junk etc

S75 of the CCA simply makes both your credit provider and the AA jointly liable. It doesnt create a sudden new liability with anyone. If the AA is legally liable then they both are. If the AA isnt legally liable then neither are. S75 was really simply designed for cases where recovering from the merchant is excessively difficult (eg they've gone bust, in a different country etc) though in practice you have free choice.

InsideInsurance

GingerBob wrote: »

Another example of the auto renew scam. For car insurance they use the excuse that it keeps you insured (because we are all morons and can't ensure that for ourselves).

Erm.... the OP admits they did forget

With car insurance its not just for your protection but also for the person you run into the back of if you do forget as the OP did (though obv this case is breakdown not car)

JT123

But even if I did forget - I should receive a notification of renewal right?

And if I went to the FOS - it would just be their word against mine ?

Quentin

JT123 wrote: »

And if I went to the FOS - it would just be their word against mine ?

You need to get their reply to your complaint before you can go to the FOS

If they agree to look into the complaint they will listen to both sides of the argument (as will a judge if you take it to court)

They will have to back up whatever they say.

InsideInsurance

JT123 wrote: »

But even if I did forget - I should receive a notification of renewal right?

And if I went to the FOS - it would just be their word against mine ?

Yes, they legally and contractually have to give you notice.

To go to the FOS you must first get a final response from the AA (or 8 weeks must pass from the date of your complaint). Given they have to pay the FOS a fee win or lose they may well decide to refund anyway because its not economical to defend it but some insurers go by "principle" rather than economics.

The FOS would validate that in all probability it was sent (ie AA can show their system recording it as having been sent). Anything you can do to substantiate you had no intention of renewing will help (eg bought elsewhere, sold the vehicle on cover etc)

JT123

Thanks very much for your help - I will make a formal complaint by letter and email and hope that I get my refund or atleast a discount to give me a rate close to what i would have got elsewhere

forgotmyname

Just reminded me my home insurance renewal is still unopened. It arrived Saturday...

rudekid48

forgotmyname wrote: »

Just reminded me my home insurance renewal is still unopened. It arrived Saturday...

Does this make you one of GingerBob's "Morons" ?