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Old 08 December 2011, 05:48 PM
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CEL
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Default Direct debit question

Looking through my direct debits the other day and noticed one for £5.99 to city administrators. After some Google searches it turns out that its an insurance policy for my mobile phone that I didn't know I had.

One of these 3 months free things then if you don't cancel it..... you know the score.

So, i received an email from them, extract as follows "Our letter confirming the set up of the insurance/Direct Debit was sent to the above address on the 22nd September 2010. In this instance the Direct Debit letter was not returned to sender by the Post Office or as undelivered and we therefore continued with the cover."

Can they do this if I haven't signed or agreed to the direct debit?

I believe these mobile phone insurance policies are worthless, given the excesses and things that aren't covered.

Thanks in advance

Chris
Old 08 December 2011, 05:50 PM
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peter zippy reid
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just fone up and cancel it thats what i do when the carfone warehouse kept giving me it free
Old 08 December 2011, 06:03 PM
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CEL
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Yes, goes without saying. What I want to know is if they are allowed to set up a direct debit without me signing or agreeing to it.
Old 08 December 2011, 06:06 PM
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Originally Posted by CEL
Yes, goes without saying. What I want to know is if they are allowed to set up a direct debit without me signing or agreeing to it.
I think they have to have a signed mandate (or electronic equivalent) but they probably got you to do this at the start of the free period. The email suggests it was just a confirmation that went to the wrong address.
Old 08 December 2011, 06:07 PM
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peter zippy reid
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you did when you took out the contract they gave you it free for 3 months you didnt cancel before the 3months so the policy starts so just cancel
Old 08 December 2011, 07:04 PM
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CEL
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Ummm.... missing the point Peter.

I have not signed anything whatsoever!
Old 08 December 2011, 07:11 PM
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peter zippy reid
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sorry just though the phone was a contract if so it doesnt matter if you bought from a shop or on the internet you took out the contract and they probably ticked the insurance box
Old 08 December 2011, 09:04 PM
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PaulC72
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more likely when you signed or accepted the phone you provided your bank details and in the small print of the insurance it will say if not terminated after 3 months we will charge your account by DD unless you express your right to cancel which will have to be within the 3 month period (or words to that effect)
Old 08 December 2011, 09:13 PM
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the hamster
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you dont sign a direct debit, once you give your a/c details you're giving consent for them to take payment. Unfortunately, it will be in the small print, which most people dont read.
Old 09 December 2011, 07:39 AM
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CEL
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Originally Posted by the hamster
you dont sign a direct debit, once you give your a/c details you're giving consent for them to take payment. Unfortunately, it will be in the small print, which most people dont read.
Damn, thats what I had thought. Bloody annoyed I've paid out for 15 months without knowing about it. Suppose that's what happens when you don't check direct debits on your account
Old 09 December 2011, 08:07 AM
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I would check the small print mate and if you didnt agree to it speak to them and your bank and you may be able to get it back. I did with an insurance a few years ago..
Im pretty sure that you have more rights when its paper less DD's...
Have a read:

http://www.thesmartwaytopay.co.uk/di...guarantee.aspx

Last edited by Fleetster; 09 December 2011 at 08:08 AM.
Old 09 December 2011, 08:24 AM
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No leg to stand on in my view.

Making continuous payment will be deemed to be acceptance of the contract. The bank and the supplier will suggest that 15 months was way more than adequate time to cancel.

The sale was a momentum sale - your only recourse is their generosity or an ability to prove miss-selling.

And yes - a DD does not need to be signed and I am not sure that electronic DD gives you any more protections than paper.

Good luck - but I would suggest suck it up as you did not check your statements properly for 15 months!
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