Albany Assistance - Obligations after credit cancellation (during cooling off)

OnanTheBarbarian

The situation most likely is that the personnel posting on the forum as the company rep are not in the technical claims area and not au fait with the relevant Consumer Credit Agreements regulations and Consumer Credit (Exempt Agreements) Order.

But to put things into perspective, although a cancellation of the agreement is permitted (and mandatory unless it was signed at the business premises of Albany) there has still been bailment of goods or services which give rise to charges and it would be perverse if the person in receipt of such goods or services could avoid complete liability for any such charges or proportion of charges incurred within the cancellation period.

Insurers don't say "OK have 14 days free cover on us" when you cancel a policy 13 days into it. They want paying for time on risk. Same rules apply.

Quentin

OnanTheBarbarian wrote: »

Do you expect someone's claim to be openly debated on a public forum?

They regularly are.


However you have missed the whole point of this thread. (And why are you are happy to defend the AMC?)


This is not a specific question regarding a specific claim.


The OP has already given relevant details of his claim and asked a generic question.


(You can use google to find out what "generic" means)

Auxillis

We cannot give a generic answer to the question without investigating into the individual's case.

We would like to speak with the customer directly regarding this matter in order to resolve the query as efficiently as possible.

Albany Assistance Online Team

Quentin

albanyassistance wrote: »

We cannot give a generic answer to the question without investigating into the individual's case.

We would like to speak with the customer directly regarding this matter in order to resolve the query as efficiently as possible.

Albany Assistance Online Team

Why tell us this when you won't answer this unspecific question?

MSE has given permission for me to post in response to queries about the company, so that I can help solve issues.

InsideInsurance

OnanTheBarbarian wrote: »

The situation most likely is that the personnel posting on the forum as the company rep are not in the technical claims area and not au fait with the relevant Consumer Credit Agreements regulations and Consumer Credit (Exempt Agreements) Order.

But to put things into perspective, although a cancellation of the agreement is permitted (and mandatory unless it was signed at the business premises of Albany) there has still been bailment of goods or services which give rise to charges and it would be perverse if the person in receipt of such goods or services could avoid complete liability for any such charges or proportion of charges incurred within the cancellation period.

Insurers don't say "OK have 14 days free cover on us" when you cancel a policy 13 days into it. They want paying for time on risk. Same rules apply.

Agree that its likely just a PR or customer service advisor who clearly isnt trained/ competent to answer the questions properly but anyone that wanted to be helpful would answer that they dont know but will find out rather than saying its against the DPA for them to answer etc.

I also agree that I suspect the liability will still exist, certainly pre the cancellation of the credit agreement and potentially even reasonable collection time afterwards but would be interested to hear their answer.

Cancelling insurance is different, it isnt governed by the CCA and so the rules attached is different. Whilst you could argue there is a CCA element if paid in installments that will depend if the finance is also from the retailer or a third party broker and clearly irrelevant if paid in full.

GoldenShadow

I cancelled my insurance and took it out with another company who don't use Albany. I was with Hastings. Thankfully I claimed straight via the other party as they admitted liability. It took being in an accident to realise Hastings used Albany and to learn of them. If you Google Albany that will tell you plenty.

On the phone Albany were going to give me a corsa at a cost of over £100 a day to the other party. I got a new fiesta for £20 a day via Entreprise courtesy of the other party instead. If the other party doesnt cough up your supposed to. Hence my having nothing to do with them. How over £100 a day for a corsa is fair and just I don't know, hence why other party often refuse to pay it.

InsideInsurance

GoldenShadow wrote: »

On the phone Albany were going to give me a corsa at a cost of over £100 a day to the other party.

Suspect you have your numbers wrong. The rates are normally done via the industry recognised scheme and the max rates they can be charged is published on http://apps.abi.org.uk/tphire/Documents/GTA%20Car%20rates%20wef%201st%20July%202014%20updated%206.3.15.doc

Prices are generally driven by engine size until you get into luxury or SUV vehicles but their maximum price is £35-£38 + VAT for a 1.2 or 1.4 corsa inc delivery/collection

Typically you are looking at 2-3 times the price you can easily get by arriving it yourself and so 3-4 times what an insurer could direct hire for (if not more)

Parking_Trouble

Interesting that Albany feel the need to stick their head above the parapet.

The last thing they want to do is expose their business model to everyone.

Better I think to take the stick and keep a low profile.

I would advise though that albanyassistance tries to sound more helpful and open minded even if it's always going to be pointing the confused, stunned, angry and disappointed clients to the small print of the credit agreement they signed.

rs65

albanyassistance wrote: »

In order to fully assist with the above query we require a reference number (which due to the Data Protection Act needs to be provided privately)

Anyone can publicise any info about themselves - where is the DPA breach?

OnanTheBarbarian

Quentin wrote: »

They regularly are.

Claims involving Albany are. Most likely because they are a volume provider and therefore more likely to encounter cases where things have not gone to plan, with the resulting posts of woe/frustration. Yet the ones where everything went without a problem never appear, as is human nature. Same rules for most large scale service suppliers.

But threads where there is back and forth with a company rep don't appear to be common and appear futile in any event.

Quentin wrote: »

However you have missed the whole point of this thread. (And why are you are happy to defend the AMC?)

I don't believe I have, infact gave a valid reply to the OP query in post #4. I'm not defending them at all. The posts that followed then seem to have become obsessive with wanting to pummel the point to death from a "generic" point of view.

The only time my post#4 would alter would be in the event the OP never signed the agreement in the first place. Even so, there are established credit hire caselaw precedents which establish that even when the subject of the agreement did not understand their liability for the charges that arose, they still have liability and the agreement is enforceable.

Quentin wrote: »

This is not a specific question regarding a specific claim

I don't believe the OP was asking for the greater of mankind, he was asking about his own situation. A few members since then have taken it upon themselves to make it a matter of public policy.

Quentin wrote: »

The OP has already given relevant details of his claim and asked a generic question.

I believe he asked a specific question to his circumstances involving his case.

How is this different to another random poster coming on here bleating about a problem with their insurer, whom they name. The company rep appears and says contact our team and the poster disappears to deal with the social media team directly? Is there a request for a public autopsy with the company rep each time?

Quentin wrote: »

(You can use google to find out what "generic" means)

Many thanks, I learned so much.




<awaits the comeback post

I'll save you the effort. You win the internet Quentin.