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Distance Selling Regs

AberdeenDad Avatar
5y, 10m agoPosted 5 years, 10 months ago
We took out a policy on Monday of this week, but a better deal came along today which we have now taken out!

We want to cancel the first policy (car break down insurance) and get our money back.

The T&C of the company state "You can cancel this policy within 14 days of inception/submission provided that no claims have been made, and a full refund (less an administration fee) will be made."

My question is this - am I entitled to a full refund or just this partial refund? And my other question then is this, what is a reasonable admin charge?

I have looked at the Distance Selling Regs but goodness me, it is not for the faint hearted so I am hoping somone has some experience and can point out my rights / clauses appropriate. Thanks for taking the time to read this too!
AberdeenDad Avatar
5y, 10m agoPosted 5 years, 10 months ago
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1 Like #1
I think you answered the question yourself:
AberdeenDad

The T&C of the company state "You can cancel this policy within 14 days of inception/submission provided that no claims have been made, and a full refund (less an administration fee) will be made."

Did you not ask what the administration fee was in advance of accepting the terms & conditions?

BFN,

fp.
banned 1 Like #2
It states in the terms it will be a full refund unless you have claimed and as for the admin fee call the company and they will tell you.
#3
FYI:
[ http://www.oft.gov.uk/about-the-oft/legal-powers/legal/distance-selling-regulations/ ]
Distance Selling Regulations

...The Consumer Protection (Distance Selling) Regulations 2000 can be seen on the Office of Public Sector Information website.

Contracts where the "The Consumer Protection (Distance Selling) Regulations 2000" do not apply...

[ http://www.legislation.gov.uk/uksi/2000/2334/regulation/4/made ]
Contracts to which these Regulations apply

4. These Regulations apply, subject to regulation 6, to distance contracts other than excepted contracts.

[ http://www.legislation.gov.uk/uksi/2000/2334/regulation/5/made ]
Excepted contracts

5.—(1) The following are excepted contracts, namely any contract—

(a)for the sale or other disposition of an interest in land except for a rental agreement;
(b)for the construction of a building where the contract also provides for a sale or other disposition of an interest in land on which the building is constructed, except for a rental agreement;
(c)relating to financial services, a non-exhaustive list of which is contained in Schedule 2;(d)concluded by means of an automated vending machine or automated commercial premises;
(e)concluded with a telecommunications operator through the use of a public pay-phone;
(f)concluded at an auction.
(2) References in paragraph (1) to a rental agreement—

(a)if the land is situated in England and Wales, are references to any agreement which does not have to be made in writing (whether or not in fact made in writing) because of section 2(5)(a) of the Law of Property (Miscellaneous Provisions) Act 1989(1);
(b)if the land is situated in Scotland, are references to any agreement for the creation, transfer, variation or extinction of an interest in land, which does not have to be made in writing (whether or not in fact made in writing) as provided for in section 1(2) and (7) of the Requirements of Writing (Scotland) Act 1995(2); and
(c)if the land is situated in Northern Ireland, are references to any agreement which is not one to which section II of the Statute of Frauds, (Ireland) 1695(3) applies.
(3) Paragraph (2) shall not be taken to mean that a rental agreement in respect of land situated outside the United Kingdom is not capable of being a distance contract to which these Regulations apply.

[ http://www.legislation.gov.uk/uksi/2000/2334/schedule/2/made ]
SCHEDULE 2: Non-exhaustive list of financial services

1. Investment services.

2. Insurance and reinsurance operations.

3. Banking services.

4. Services relating to dealings in futures or options.

Such services include in particular:

— investment services referred to in the Annex to Directive 93/22/EEC(1); services of collective investment undertakings;
— services covered by the activities subject to mutual recognition referred to in the Annex to Directive 89/846/EEC(2);
— operations covered by the insurance and reinsurance activities referred to in:
— Article 1 of Directive 73/239/EEC(3);
— the Annex to Directive 79/267/EEC(4);
— Directive 64/225/EEC(5);
— Directives 92/49/EEC(6) and 92/96/EEC(7).

Refer back to Comment #1.

BFN,

fp.
#4
Ok, it is much as I thought then, thanks for that. I did not check what the admin fee is, but I now know it is £7 so I am happy enough.
#5
AberdeenDad
Ok, it is much as I thought then, thanks for that. I did not check what the admin fee is, but I now know it is £7 so I am happy enough.

Not a bad expense considering the price of postage, printing the paperwork, & somebody needs to be paid to press the right buttons on the computer! :)

BFN,

fp.

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