continious renewal charge

SuperHan

English contract law says that the consideration in a contract must move from the promisee (although not necessarily to the promisor).

This means that even though she is not the policy holder, the OP is a party to the contract by virtue that the consideration passed from her directly. So she has agreed to terms of the contract in this sense.

However, this shouldn't stop the OP being able to remove her payment details and 'unauthorise' the subsequent payment.

dresdendave

SuperHan wrote: »

English contract law says that the consideration in a contract must move from the promisee (although not necessarily to the promisor).

This means that even though she is not the policy holder, the OP is a party to the contract by virtue that the consideration passed from her directly. So she has agreed to terms of the contract in this sense.

However, this shouldn't stop the OP being able to remove her payment details and 'unauthorise' the subsequent payment.

The point I (and other posters) made earlier, is why get involved in arguing about finer details of contract law as to whether a payment is authorised, when a simple two minute phone call from her son resolves the issue?


Perhaps the OP could explain why they seem obsessed with overcomplicating the situation when an easy solution is available?

chattychappy

SuperHan wrote: »

English contract law says that the consideration in a contract must move from the promisee (although not necessarily to the promisor).

This means that even though she is not the policy holder, the OP is a party to the contract by virtue that the consideration passed from her directly. So she has agreed to terms of the contract in this sense.

However, this shouldn't stop the OP being able to remove her payment details and 'unauthorise' the subsequent payment.

If you are going to quote "English contract law", then perhaps you should also consider the law of agency...

Of course it's possible to pay on behalf of someone without becoming bound to a contract they have already formed.

tripled

Phone the bank, revoke the Continuous Payment Authority, job done. I had to do that once with Halifax, after a fairly painless phonecall it was all done. A few days later the payment went out and without even speaking to Halifax again was credited back. Not another payment has been taken since.

Vortigern

queenbeeno1 wrote: »

He's away and he doesnt even need the insurance anyway!

He does need the insurance unless he has sold the car, or made a statutory off road notification (SORN) and he keeps the car off public roads.

Rob_Wills

WARNING! :mad:

These continuous payment authorities are something which should not be allowed. It is often impossible to know they exist when there is nothing in the online form to say "tick here"; they should be an opt in option not automatic.

Contact the financial organisation where the original payment was taken from under an authorisation code, which they ought to be able to quote, and instruct them to stop it; you should then receive a cancellation code. In the case of a pending transaction it may go through but then should be returned by midnight on the following day, beware a payment taken Friday may not be returned until Monday.

This is a common problem with infrequent, such as annual, payments like insurances.

Many third party call centres act for insurance companies and as their earnings are often commission based they will try to argue BUT don't accept that.

chattychappy

Rob_Wills wrote: »

These continuous payment authorities are something which should not be allowed.

Thank you, but I would rather have the choice to keep using them.

jamesd

Also see Financial Ombudsman Service case 91/8. While your situation doesn't involve a fraudulent signature form your son the underlying issues of permission involved are the same and they give an opinion on that.

bris

They have the right to use the card but you also have the right to tell your bank to refuse the payment. you now know this so do it.


The policy will lapse and it is your son who will have to find either a new payment method or cancel the policy, it wound bounce back on you in any way.


I don't see what the fuss is here, just cancel it through your bank and job done. The insurers are not going to talk to you about your son's policy.


You have to remember though that after you cancel the payment the insurance will still be due if your son doesn't cancel it, they will impose a penalty if he doesn't cancel it and lets it lapse for non payment.