Default without credit agreement

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  • Ben8282
    Ben8282 Posts: 4,821 Forumite
    Combo Breaker First Post Newshound!
    edited 10 October 2019 at 1:29AM
    I still don't understand why you think a new direct debit should have been set up for the new credit agreement if it was a continuation of the same insurance policy and the original direct debit is still active on your bank account (although unclaimed since August). This really makes no sense to me.
    So far they have given three reasons for not collecting the direct debit.
    1. They could not collect it because you had not signed the credit agreement. (This is in my opinion nonsense).
    2. You cancelled your direct debit.
    3. You closed your bank account.
  • Ben8282
    Ben8282 Posts: 4,821 Forumite
    Combo Breaker First Post Newshound!
    cplmadison wrote: »
    Thanks for all of your replies and advice lots to read through...

    To answer some of the questions

    The 2018 to 2019 direct debit is still on my bank account and hasn't been claimed since August 2019.

    The credit agreement arrived by email early September but I didn't sign it or agree at the time because i wasn't sure I wanted it as I have other insurance too You state here that you have other insurance which is why you were unsure if you wanted to continue with this insurance policy. Assuming that this other insurance is contents insurance, why did you take out the other policy if you already had contents insurance or why did you take out the second insurance when you had already taken out the first policy?

    Premium. Credit failed to setup a new direct debit on my bank account in this time, I assume because they had no credit agreement. HIGHLY IMPROBABLE

    This resulted in me missing my September payment as there was currently no valid agreement or dd HIGHLY IMPROBABLE

    When I did decide to sign the agreement In October Why did you decide at this point to sign the credit agreement as you say above you had other insurance which was your reason for not signing the new credit agreement in the first place it was 2 days before the next payment was due which didn't go through. Yes but why did it not go through?


    Premium. Credits response was they tried to take the money from a closed account which they said was an error and they would investigate what happened. I don't know what they mean as my account is open, no dd was ever setup for the new agreement. In the default notice it says they tried to collect a payment by dd but I had cancelled the dd with my bank. This is untrue one was never set up and my bank can confirm this.

    I will check the date on the default notice too and post that up in a moment


    We ahve household insurance policies paid monthly. We have NEVER received any new credit agreements to sign and we NEVER see new direct debits being set up each year when they auto-renew. We just receive a letter saying something along the lines of your policy has been renewed for a further year and information concerning the new premium and direct debit amount.n
  • the 1st option is the only valid one

    the direct debit is still valid and my bank account is still open
  • thanks everyone for the advice

    especially The Mould I have emailed both the CEO and COO into the complaint, i know courts treat email communicatons in the same way as letter (i did also send a letter recorded yesterday cancelling the contract and also lodging a formal complaint)but this email does go into more detail

    Can i ask if i referred it to the Financial Ombudsman Service (ive used them before for other things) can I also start court proceedings, or can court proceedings only commence after the investegation? I remember my last court case (which i won) they judge specifically asked what the FOS said regarding the incident and took that into consideration when making judgement against the other company involved
  • also for those interested the current CEO of Premium Credit also used to be the CEO of Wonga....
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