Refund on unused tax insurances

Optimistic123

I wonder if you can help

I bought from my accountant Taxwise insurance for my personal tax returns (nearly £500 for the year).

I resigned from my accountant half way through the year (as he would not do things I needed) and asked for the remainder of the Taxwise insurance. Croner (my accountants insurance provider) say that my insurance is voided if I am no longer with my accountant, as per the terms and conditions they agreed with my accountant.

I bought the service from my accountant (not from my accountant’s insurance provider)

I have not been party to the contract, or the terms and conditions that my accountant may have agreed with their insurance provider. My accountant did not supply me before buying this service with any terms and conditions related to the refund entitlement position in case of early termination of our engagement. I would have thoughts that this should have been given to me up front with all information about this service, so we could make an informed decision about whether or not to buy this service from my accountant. In the absence of this terms, it is reasonable to assume that the un-usable part of the service is refundable from my accountant (who sold me the service), since there was never any indication that I will not be eligible to a refund of un-used services.

Since this service is no longer “fit for purpose” (as per Consumer Rights Act 2015), because I am not eligible and cannot use/benefit from the service paid, should my accountant refund the unused fee? what are your thoughts?

dunstonh

. In the absence of this terms, it is reasonable to assume that the un-usable part of the service is refundable from my accountant (who sold me the service), since there was never any indication that I will not be eligible to a refund of un-used services.

If you have a complaint about the seller, then you raise it with the seller.  Not the insurer.

Since this service is no longer “fit for purpose” (as per Consumer Rights Act 2015), because I am not eligible and cannot use/benefit from the service paid, should my accountant refund the unused fee? what are your thoughts?

There is no automatic right to a refund. Insurance policies are not required to offer cancellation terms in many areas.  
The policy had to be suitable at the point of sale.  Not a later date.

DullGreyGuy

To the best of my knowledge the CRA doesn't apply of financial services, though I admit I cannot see an explicit exclusion. If it does however apply insurance isnt a tangible product and therefore would count as a service not a product for which the tests are different.

Who is actually the policyholder? These types of professional services protections are often such that the professional is the policyholder and you are an indirect beneficiary.

The reality is you bought a 12 month service from your accountant, any cooling off period is clearly passed and therefore there is no statutory right for refund. You changed the goalposts by deciding to switch accountant and part of the cost of that is you lose the remaining protection of the insurance.