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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I recently bought a car for myself and when I rang my insurance

Customer Question

I recently bought a car for myself and when I rang my insurance broker to place the car on my traders policy they told me that I would have to upgrade the policy as my existing policy would not cover this vehicle, so I agreed to upgrade as I needed to use the vehicle.
The finance company who the insurance brokers use then sent me a letter to say that the existing finance has been terminated and a new one was set up for the new insurance policy and that I had to pay a shortfall of £141.63 for the early settlement which I did pay.
As the new policy was taken out the first monthly pay of £125 + was taken by the finance company which was all fine! I then decided that I would have a look on line and shop around to see what price I could get a standard type car insurance as I no longer need a traders policy as I have taken on a new job, I found quite a few that we're quite a lot cheaper so I cancelled my new traders policy and as I had just received the finance agreement as I was going through with taking out a standard policy I DID NOT sign it or send it back as I was not happy with it. In all I took out the upgraded traders policy on the 19/08/14 and it was cancelled on the 4/09/14, a total of 15 days of insurance in which they received the 1st of 10 payments of £125+ and they sent me another letter saying that I would have to pay a shortfall of £189.48 even though I did not sign the agreement or send it back to them, since then I cancelled any bank connection with them and I have not payed this shortfall for early cancellation, I have now received a letter from a debt collection firm on behalf of the finance company saying I must pay them a fee of £214.48...
My question is "Do I have to pay this Evan though I did not agree or sign and return the agreement"??? Thanks Eddie
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry if I'm missing the point but surely you agreed over the phone?
You seem to accept there was a contract because you tried to cancel it?
Customer: replied 2 years ago.
I thought that if they had sent me an agreement to check over and sign that that would be the legally binding document! And I was not aware that you could make an agreement over the phone..
Expert:  Jo C. replied 2 years ago.
No, I am sorry.
A contract can be oral. In fact, most contracts are oral. The only purpose of signed writing is to evidence what was agreed.
If you agreed over the phone then the written agreement was just evidence. Whether you signed or not is a non issue.
You also cannot usually cancel an insurance agreement. At least, you can but you will still be charged so there is no point. You are liable for the costs of the full year at the time that you agree unless you agree a cooling off period and cancel within it. The reason that you pay in 12 month instalments is that they allow people to do so to fit into wage receipts better. You are not paying on a monthly basis for the following month's insurance.
Therefore you are liable. They may not sue but what they could do is add a default to your credit rating.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
No that is fine and thank you is just felt that that we're taking advantage and wanted to make sure for piece of mind. It does make me angry when I read the agreement and I had 14 days to withdraw from the policy without any reason if I was not happy with it, which I did ring to cancel it in that period and by the time they dragged the process out it just happened to be 15 days before they actually cancelled it..
Thanks anyway
Eddie
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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