How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have been paying by direct debit home insurance policy

Customer Question

I have been paying by direct debit for a home insurance policy for several years with Halifax home insurance.
Times have been tough and the policy has been expensive at £54 a month,so after looking around I found similar cover at a more affordable rate and purchased it.
My issue is, Halifax - when they send out a renewal quote state that if you wish to continue with the policy you need do nothing, as I did not respond to the renewal and did not authorise the continuance of the home insurance direct debit , does this mean that Halifax have a legal right to continue to debit my account until I contact them to cancel it
The policy was up for renewal 01-04-2015 I have cancelled it today 04-06-2015
Halifax say that they will stop the policy on 04-07-2015 - and that continuing to take a direct debit was and is legal
Yours
Eugene connolly
Belfast
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does your original policy say that there is a roll over?
Customer: replied 1 year ago.

On reading an insurance statement issued 06-03-2015 it states the if you happy that the answers shown are accurate and complete you don,t need to do anything - there's nothing to say on this statement or in the policy booklet that about roll over of any sort

Expert:  Jo C. replied 1 year ago.
No, but it will probably be in your original contract.
Ask them where it is if you are not sure. They are relying on it so should tell you where it is.
Customer: replied 1 year ago.

I have had a telephone conversation with Halifax staff who state that because it says on the renewal (if you are happy with the contents of the policy statement you do not have to do anything) - they say that a non response is basically an affirmative to the continuance of a direct debit

it is my belief,a non reply should not be interpreted as a positive to continuing with debiting someone's bank account, and that what Halifax are doing is morally wrong - If I take out a policy for 12 months,its for 12 months, I dont expect Halifax to continue the policy because they have not heard from me. I am not seeking any financial remuneration,although they have returned one direct debit - its just that I feel a non response should not be seen as an agreement to continue persay

Expert:  Jo C. replied 1 year ago.
It is not that simple.
It is certainly is right that a silence doesn't bind you to a contract.
The question though is whether or not there is a renewal clause in the original contract. If there is then the fact of silence does bind you. It used to be that they didn't even have to send out notifications but the OFT criticised them for that and they do now.
On the face of it, what they are saying does not allow them to charge you again. It is always possible though that you spoke to people who didn't understand the basis of their actions. They are probably not lawyers.
The practical reality though is that if you sued for the sum they charged then probably they would just give in because it isn't cost effective to defend it.
Can I clarify anything for you?
Jo

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice