Hastings direct insurance

Cablepuller1

Hi I started a van insurance for my brother -in-law 29/may/2024 as he'd didn't have a credit card account so when he stared his new card payment this was for the second payment so his direct debit was all set up with Hastings direct, but then his van broke down and was not repairable so he had cancelled his insurance but I was looking into my bank details on the 13/01/2025 and I had noticed that Hastings direct had taken £84.49 out of my payment card without my consent,so I phoned customer service and all I got was that then can not go into his policy without his consent so I said to the person that you can see it is not my policy but you can take money out of my account to pay for it,so i explained that after the first payment was taken and my brother-in-law had st up his payment account my details should have been removed from their system,and still no joy from them,so i have sent a letter of complaint to Hastings asking for a refund and for my details to be taken off their system,if I don't here within four weeks I will escalate it to the financial ombudsman,how they could do this is so wrong without my consent.

400ixl

You gave consent when you gave your card details. Your brother in law did not give them alternative payment details when he cancelled the policy which would have included fees. They would have wanted instant payment, not a direct debit for a cancellation.

You need to be getting your money from your BIL as Hastings don't appear to have done anything wrong for a change.

cw8825

Also when you signed up you would have ticked to the terms of business which agree for them to use the card to collect payments for arrears

Cablepuller1

After the first payment to start his policy I had told them that no other payments was to be taken from my account,my brother in-law set up his payment card details before his next payment so in Hastings credit agreement he was paying monthly out of his account that was set up  so no other payments came out off my account,but they still took the cancellation fee out of my account,and reading their credit agreement policy it states that I should have been contacted for my consent,as my brother in-law or anyone else can give consent,so I believe that they had breached the credit agreement by not contacting me.

Cablepuller1

That is he or anyone else can not give them consent to take a payment out off my account.

Cablepuller1

The policy was done over the phone so I did not tick any boxes.

DullGreyGuy

It's nothing to do with the credit agreement. 

Did you set it up online or over the phone? It'll be almost identical either way however if you do it online you have to agree to the following statement:

Continuous payment authority

When you buy your policy, you're agreeing to let us use your card details (or any new card details you give us) for future payments to do with your policy. This includes paying for things like missed Direct Debit installments, changes to your policy that increase your premium or your renewal.

So you consented to them storing the card details and using them for things like changes that increase the premium. He cancelled, it generated a one off cancellation charge, it was put to the stored card details as they said above it would be. 

Not sure what the problem is, why not just ask your BiL to reimburse you?

sheramber

so i explained that after the first payment was taken and my brother-in-law had st up his payment account my details should have been removed from their system,

Did your Bil instruct them to remove your payment details?

Cablepuller1

My brother in-law had signed the policy agreement that they had sent him the policy,
And he had sent back to them ,my problem is that by their policy agreement then they had breached the policy by not contacting myself to consent to the cancellation fee and I never paid a monthly payment for his policy.

DullGreyGuy

Cablepuller1 said:

My brother in-law had signed the policy agreement that they had sent him the policy,
And he had sent back to them ,my problem is that by their policy agreement then they had breached the policy by not contacting myself to consent to the cancellation fee and I never paid a monthly payment for his policy.

They didnt use the DD, it's not part of the credit agreement, they used the CPA you setup when giving them the card details at the inception of the policy. 

People have a nasty habit of cancelling their DDs when they want to stop their insurance policy so insurers dont take the risk of not being paid the cancellation fees and so take them by card 

Cablepuller1

So never help a family member with their car or van insurance to get them stared as you will end up paying if their in default what a rip off should not be happening, keeping people's data when told not to as I did say over the phone that no other payments was to be taken out of my account and to be cancelled.