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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Appliance Cover Direct contacted me by telephone early-June

Resolved Question:

Appliance Cover Direct contacted me by telephone early-June 2014. They recorded the conversation, which I have listened to. They sort of pretended to be my current household appliance insurer, when I mentioned that I thought I was insured through another company they just ignored it, they asked me to confirm my address and then gave me the last couple of digits of my bank account, I confirmed them as correct. They said they would be setting up a DD starting 1/7/2014 - £25 thereafter £12.50 the 1st of each month. No mention was made about the length of any agreement - bear in mind I was under the misconception that I was speaking to my current insurer (Domestic & General).
The next thing I received was a letter dated 18/6/2014,on Saturday 21/6/2014, which had DD details and T&C on back which I did not bother to read. I think I must have tried contacting them on the Saturday to cancel but no one was there. So I contacted my bank (Barclays) to prevent the DD being paid - they told me that they could not do this and the best thing to do was to cancel it when it was paid (strange way of doing business).
I should point out that throughout 16/6/2014 to 29/8/2014 I was working in France and only coming home at the weekends, so I had other things on my mind.
So when I finished in France (1/9/2014) I started to look at all my paperwork and noticed on my July statement the £25 DD on 1/7/2014. I phoned my bank and cancelled the DD and requested the return of all other DD money paid to Appliance Cover Direct, this they agreed to do: 1/9/2014 payment was stopped and the others will be re-claimed.
Today (4/9/2014) Appliance Cover Direct called me to say I was in breach of contract. They say I have a twelve month verbal contract which I am obliged to honour. I have listened to the recording and at no time was it made clear to me that I was establishing a new 12 month agreement - I stupidly thought it was my chosen insurer. Why would I want to insure my Washing Machine twice, maybe I was not very alert Saturday morning.
I have told them I do not want or need the contract which I believe they tricked me into "purchasing". Now they say a couple of things that are dis-quietening:
- that I agreed to the contract verbally on the phone
- they can add as much in administration fees as they like to my account
- because I have inadvertently paid them for 2/3 months I have agreed to the contract
Where do I stand? Should I pay them £150 and cut my loses? Or fight for my rights, assuming I have any?
Thank you in advance
Dave Groves (*****@******.***)
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Have you written and made a formal complaint please?
Customer:

No, but at the moment I am just interested in a general view on whether they have me over a barrel or whether they do not have a leg to stand on

Customer:

Thanks Dave

Customer:

Any how who would I make a formal complaint to? If you tell me they are right and I am wrong I will just pay up and cut my losses.

Alex Watts :

I would not pay them £150

Alex Watts :

Indeed I would sue them for breach of contract because this is fraud.

Alex Watts :

They represented they were someone else when they were not.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?


Customer:

Thank you for this. At the moment I am not out of pocket, the bank are going to refund the £75 already paid. My worry is that if they believe I have a 12 month contract and an account with them and they believe they can add random administration fees. Can they get some sort of court order for me to pay this without me having a chance to counter their claim and defend my position? Or would they be mad to even try? Should I just ignore it, which was my initial thought?

Customer:

Do I rate now or wait until our dialog is finished?

Alex Watts :

Ah ok - then wait.

Alex Watts :

Do not pay anything.

Alex Watts :

Let them try and take you to Court

Alex Watts :

Does this help?

Customer:

That's great - thank you for your help

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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