Van insurance payment

Penguin_

Hi All

Hoping to help my cousin with a bit of advice....

My cousin was in a relationship & last year she paid for his van insurance from her account  in one go & he paid he cash so everything was ticketyboo. During the year the relationship ended & there a restraining order was taken out to protect my cousin & he isn't allowed any communication with my cousin. 

All the insurance docs were sent to his email address & (as I am sure you can see where this is going) the renewal would have gone there, my cousin clean forget about it . Yesterday the whole premium for this years insurance has left her account.

Is there any comeback on this?

Sandtree

Authority is given to set up a continuous payment authority at the point of taking out the insurance, if she gave the card number herself then she explicitly gave the permission, if he keyed it into a website etc then almost certainly he'll have made a declaration that he has the cardholders permission to do so inc the CPA.

In practice its almost certain that if she contacts her bank and explains the situation they will do a chargeback as an unauthorised payment. She should also ask them to break the CPA but be aware that this is not as precise as a DD and will mean it will stop any CPA with the merchant not just this one.

Penguin_

Thanks! I will pass this onto her.

bris

It wasn't unauthorised as it was a continuous payment, Charge back will fail.

Forgeting to cancel is no grounds for a chargeback.

Small claims court is about all the cousin can do.

Sandtree

bris said:

It wasn't unauthorised as it was a continuous payment, Charge back will fail.

Forgeting to cancel is no grounds for a chargeback.

Small claims court is about all the cousin can do.

Have certainly known chargebacks to succeed, even had one case where it succeeded, we cancelled the policy for non-payment, they then had an accident and then claimed the chargeback was an error and that the policy should be reinstated.

born_again

Sandtree said:

bris said:

It wasn't unauthorised as it was a continuous payment, Charge back will fail.

Forgeting to cancel is no grounds for a chargeback.

Small claims court is about all the cousin can do.

Have certainly known chargebacks to succeed, even had one case where it succeeded, we cancelled the policy for non-payment, they then had an accident and then claimed the chargeback was an error and that the policy should be reinstated.

Bank should not even be offering a chargeback when it is clear the policy was never cancelled. It's actually abuse of the chargeback process. We would get a serious kick up the backside if we did that.

A chargeback if done. Could even lead to more trouble between parties as the other party could well end up with a revoked/void policy & the resultant problems that means for any ins they want to take out.

Yes they can put a block going forward, but they will have to remember not to use that ins co themselves or it will be blocked.

I hate situations like this. If paying for anyone elses ins. Best policy is to send them the money & let them do it themselves. Saves no end of problems like this going forward.

As they have the doc's best bet is to contact ins co and explain the situation & get policy cancelled. As well as somehow getting a message to the other party to warn then that they have no insurance. Before they get stopped.

Ergates

Financial institutions (which should include insurers) have a duty of care to vulnerable customers - and this includes people in abusive relationships.  I don' t know if this would apply here, but if the full situation was explained to them they may be willing to help.

custardy

I would be contacting the insurer in the first instance ASAP 
Given the scenario I would expect them to try and help.

Sandtree

custardy said:

I would be contacting the insurer in the first instance ASAP 
Given the scenario I would expect them to try and help.

The OP isn't named on the policy, would be an issue to discuss a third party's policy with the OP. Thinking of it from the contact centre agent's perspective the OP could be anyone and just trying to cause issues for their policyholder.

Ergates

Sandtree said:

custardy said:

I would be contacting the insurer in the first instance ASAP 
Given the scenario I would expect them to try and help.

The OP isn't named on the policy, would be an issue to discuss a third party's policy with the OP. Thinking of it from the contact centre agent's perspective the OP could be anyone and just trying to cause issues for their policyholder.

Wouldn't they be named as the account holder?

Aylesbury_Duck

Ergates said:

Sandtree said:

custardy said:

I would be contacting the insurer in the first instance ASAP 
Given the scenario I would expect them to try and help.

The OP isn't named on the policy, would be an issue to discuss a third party's policy with the OP. Thinking of it from the contact centre agent's perspective the OP could be anyone and just trying to cause issues for their policyholder.

Wouldn't they be named as the account holder?

Perhaps not.  My wife is the account holder for her insurance, but I paid for the policy.