CRS chasing disputed swinton van insurance debt

[rippedoff15]

Hi All,

 

Can any one help as iam being called by CRS Debt collection every day 24/7 on the land line and mobile, they are texting our home telephone as well.

 

I have a van insured via Swinton and at the end of May the van blow up and was sold as scrap,

i called swinton informing them i had sold the van and the policy which finishing at the end of June 2011 as their was only 28 days left on the policy therefore they told me i had to cancel the van insurance which i did,

 

however over the last few days the debt collection company called CRS are claiming as i cancelled the policy i have to pay fees totalling £141.00,

i refused and explained that the policy only had 28 days left which was only £26.72 to pay,

Swinton said i had to cancel the policy as i did not have or own the van, CRS are refused to listen and demanded the full payment.

 

1, Can this action be legal.

2, Can i stop CRS from calling me and texting me.

3, Are the fees they are asking be correct at £141.00

4, I have never signed any credit agreement from swinton so can they charge fees

 

 

any help would be great

[firstship]

Hi rippendoff15,First keep everything in writing.send Harrasment letter to CRS,in between times when they phone,refuse their security questions and state in writing only.

 

CRS it appears are just the mouthpiece for Swinton,so write to Swinton ask for their complaints procedure and follow it through.

 

There is often a cancellation fee,however £141 for 28 days is excessive.I assume you paid Swinton monthly for the insurance .If this is the case 1months insurance payment would not be £141.How much did you pay them for the insurance

 

Regards FS

[Bazooka Boo]

IGNORE crs, they know nothing and can do exactly NOTHING!

 

Contact swinton, and remind them that any third party DCA they feel they can use WILL reflect on them, any harassment or false claims, court or legal action WILL be robustly defended with you making a claim against themselves for damages.

 

 

As above, demand their complaints procedure and exhaust it.

 

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

Send the above to the fools who think it is funny and they are above the law and can harass whoever they choose!

[rippedoff15]

Hi

 

yes i paid the policy each month at £26.72, i will keep all text`s from CRS and note calls and texts to our home telephone. I will write to swintons head office and the local office as well. As far from speaking to CRS i will not complete the questions, i have asked for all replies to be put in writing only as well.

 

cheers

[dx100uk]

1.there is nothing 'legal' about their action!

 

dx

[firstship]

Only deal with Swinton and in writing the above advice is very good

 

Go through their complaints procedure as indicated

 

Do not offer the 1 months payment £26.72,keep this in reserve as a final action to take.I think once the complaints procedure is underway Swinton will back down,they will be very stupid not to.

 

All the very best FS

[rippedoff15]

Update: today CRS have texted me 17 time on my mobile and 11 times to our landline, i have asked them only to write, and i will only deal with Swinton direct, they have told me that they are passing it to HL legal joke, and they state i must pay NOW i have wrote to Swintons but had no reply

 

any feedback

[BRIGADIER2JCS]

SEND the telephone harassment letter from the library, and just hang up when they call.

[Bazooka Boo]

No Brig!!

 

Answer in your poshest voice, when you realise it is them, LAUGH LAUGH LAUGH , then hang up!

If they ring again, simply say, "Yes operator this is the one" and hangup!

[BRIGADIER2JCS]

BB, your getting worse (great)

[42man]

Please make sure you keep a record of all the calls, send them the harrassment letter but state that you are in direct dialogue with your dispute and if they continue to call. then you will have no hesitation in taking legal action you might also remind them of the recent case of Harrison vs Link... if it was me I would pay the insurance company the last premium.....£26:72. If they continue to harrass you, I would suggest that you take the dispute to the FOS, who will charge THEM £450 to investigate your case

 

You should write to the insurance company with your complaint first...giving them a chance to resolve the situation. Write to the Chief Exec or the MD

 

Dear Sir/Madam.

 

I would like to make an official complaint to your company.

 

(explain the situation)

 

Then state that you are concerned at the amount of calls that you have received which has caused you a great deal of stress in dealing with. You would as a gesture of goodwill like to pay the final premium of £ on the proviso that the charges are excessive and in light of the torment that this harrassment has caused you.

 

If they are unable to come to a satisfactory agreement then you will take the case to the Financial Ombudsman who will charge them £450 to investigate your case.

 

You hope that the situation can be restored amicably.

[42man]

Send the letters recorded delivery of course. If they fail to respond satisfactorily within 8 weeks then take up your complaint with the Financial Ombudsman

[Alloyz1]

I have reviewed Swintons Terms and Coditions A-J regarding cancellation. This can be in writing if you return the certificate and sign it as cancelled.

 

They do not require proof of postage or by any special delivery.

 

They do charge 52.50 cancellation fee + 26.72 you owe in premiums.

 

Total owed 79.22 owed.

 

See T&C below

 

".....you may print and post a copy of your Certificate to us at Swift Court, Fudan Way, Stockton-on-Tees, TS17 6EN on which you state that cover has ceased and which you sign to that effect."

 

Plus

 

"If you do not exercise your right to cancel within the 14 day cooling off period and provided no claims or accidents have occurred, you will be entitled to a refund of the premium paid, subject to a deduction for the time for which you have been covered. This will be calculated on a pro-rata basis for the period you have received cover. There will also be a cancellation fee of £52.50. "

 

A letter something along the lines of, should do it:

 

I spoke to you regarding my motor vehicle, you stated the policy should be cancelled.

 

I therefore wrote to you and returned my certificate and cancelled the policy as per your terms and conditions, sections A-J regarding cancellation:

 

"...you may print and post a copy of your Certificate to us at Swift Court, Fudan Way, Stockton-on-Tees, TS17 6EN on which you state that cover has ceased and which you sign to that effect."

Note that there is no requirement, in establishing that service is effected, to use any specified postal service such as recorded delivery, nor even to obtain a proof of posting.

 

Furthermore I now refer you to Interpretation Act 1978 which covers sending documents by post:

 

7 References to service by post

 

“Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”

 

The obligation I, as a policy holder, have is to "deliver" the document which falls into the category of "give, send or any other expression". The fact that Swift Cover provide a postal address within their terms, for delivery of the notice implies that service by post is required for the documents. In which case, S7 states, clearly and unambiguously, that

 

...unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document...

 

 

A simple sworn statement (or statement in Court) that I posted them would, therefore, be sufficient to establish that I have served, or delivered, the documents to the satisfaction of the Terms and Conditions.

 

I am happy to pay the 79.22 however will require justification of any addition costs.

[BRIGADIER2JCS]

That should do it !!

[Sk1ppy]

Hi

 

yes i paid the policy each month at £26.72, i will keep all text`s from CRS and note calls and texts to our home telephone. I will write to swintons head office and the local office as well. As far from speaking to CRS i will not complete the questions, i have asked for all replies to be put in writing only as well.

 

cheers

 

my blackberry only stores a limited number of old Texts so back up your phone