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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70288
Experience:  Over 5 years in practice
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Hi, Is this something that I can get help with? I am

Resolved Question:

Hi,

Is this something that I can get help with?

I am currently insured with One Call Insurance for my car insurance. On Friday the 21st of February I enquired with them about adding business use onto my policy. I was quoted down the phone £125 additional cost for this. At the time I agreed but stated that I would not pay them until the day after. Over night I changed my mind and informed them that I do not want this change to be on my policy. They have insisted that I must still pay the cost even though I no longer require it.

I have looked at the terms and conditions and see nothing that states if I change my mind I still have to pay even though this change was not due to happen until the 24th of February.

Am I not covered with distance selling regulations or cool off periods? If I start a new policy I am allowed a grace period to change my mind. Does this not apply to a change in policy? If so, why not?

I feel I am being bullied and harassed into paying for something that I do not want and never actually took advantage of or used?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you agree cooling off rights?
Customer: replied 3 years ago.

Nothing was mentioned of cooling off rights. I just assumed that because i had not signed any new documents and not paid then if I say no they will not process the change, especially when it wasn't even 24 hours before i let them know i did not want it. I told them that i could not afford this amount.

Expert:  Jo C. replied 3 years ago.
Thats a problem.

When was the insurance due to start?
Customer: replied 3 years ago.

From the 24th, this coming Monday.

Expert:  Jo C. replied 3 years ago.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

If this were a new policy then the DSR would have covered you with a cooling off period.

Come what may though, this is a change in policy not a new policy and so not covered. Your can still agree cooling off rights but that didn't happen and probably even if you had asked they wouldn't have agreed.

In those circumstances, you are liable I'm afraid.

In legal theory, if you just refuse to pay they do only have a claim for the sum of their loss which is really just lost profits.

The practical reality though is that they won't sue for this sum of money. What they will do is add a default to your credit rating. That may or may not be important to you. It depends if you want to borrow money in the next 6 years. Generally its to be avoided.

You can lodge a dispute with the credit reference agencies but its very difficult to get it removed.

Also, you can complain to the Ombudsman but again its difficult to get it removed.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
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