Tesco: you need do nothing!

[sduffield]

I don't have a case law to hand, but all contracts (inc insurance contracts) have to conform to the Unfair Terms in Consumer Contracts Regulations (See http://www.consumerdirect.gov.uk/before_you_buy/think_of/unfair-contracts).

 

[custard]

Fact is MEP – there is no contract in paper form with my signature. Not that it matters – as the contract was formed by agreement over the `phone. But then you’re hoping to discover evidence that I’ve agreed to auto-renewal – that I’d argue you won’t find. Given any conflict – presumably they’ll have to disclose their recording of the conversation.

This auto-renewal lark is new to me, I don’t recall hearing of it before - & given a modest `current balance available’ at any time, I think I’d remember consenting to any potential snatch from my bank account. It’s been my custom to `phone prior to expiry date & settle-up with a one-off debit card payment for the next 12 months.

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auto renewal has been in force since i started driving
so thats nearly 20 years
you may not have come across it,as like many you cancel before renewal for a better price
regarding the T&C's,you would have received all of these in writing along with your insurace certificate

 

[LeighJet150]

Im sure that the insuance (or other area) regulators require fair terms anyway to get approval from the governing bodies.

This seems to be more to do with Money borrowing i.e. Loan sharking (See http://www.consumerdirect.gov.uk/bef...fair-contracts)

One curious thing ive dragged out if that it will only protect you from particular terms which are deemed unfair, so any other term will still be in effect e.g. "An unfair term in a contract covered by the UTCCRs is not binding on you." So you will still have to live by all the other fair ones, thingis once you annoy a company they will make your life hell and push their fair terms to the limit.

In closing, I don't think any companies like Tesco or other big firms will be bothered by these UTCCR tbh

 

[Caravadossi]

Thank you for your interesting comments.

My contract of insurance was for 12 months. The start & end date were clear. Settlement was made by a one-off debit card payment (there was no `standing order’ or `direct debit’) - & this method was customary. There was no rolling-contract. There was no suggestion they’d retain my business year-on-year. There was no duty to inform them they’d lost my business.

I find that my law school were correct. Felthouse v Bindley [1862] apparently still holds good after some 150 years - & acceptance cannot generally be communicated by silence. To circumvent this general rule – Tesco would have to show that it was customary in their business for silence to be viewed as acceptance. Perhaps Tesco (& others) hope to develop that over time. But they can’t show it’s been customary for me to fall for that one. Further to avoid the general rule - I understand the `suggestion’ of acceptance by silence must come from the offeree (& not the offeror).

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Just to conclude this story – for the benefit of other members who may come-up against this sort of selling.

Tesco Car Insurance – or rather their computer - has been spewing-out weekly letters demanding some cancellation charge they argue I owe them. Eventually I wrote back disputing any debt and requesting immediate disclosure of their evidence. Silence.

I’ve now received a letter advising there is nothing owing. No explanation was given.

They may have realised I was prepared to do the half-a-day-out to Leeds(?) County Court. I suspect they rely on most souls being intimidated by their demands and just paying-up. They may have gone the half-a-day-out route before, and not done too well out of it - I find county courts’ tend to be unsympathetic to bullying behaviour. Or they may have considered the input not worth the outcome.

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[custard]

Just to conclude this story – for the benefit of other members who may come-up against this sort of selling.

Tesco Car Insurance – or rather their computer - has been spewing-out weekly letters demanding some cancellation charge they argue I owe them. Eventually I wrote back disputing any debt and requesting immediate disclosure of their evidence. Silence.

I’ve now received a letter advising there is nothing owing. No explanation was given.

They may have realised I was prepared to do the half-a-day-out to Leeds(?) County Court. I suspect they rely on most souls being intimidated by their demands and just paying-up. They may have gone the half-a-day-out route before, and not done too well out of it - I find county courts’ tend to be unsympathetic to bullying behaviour. Or they may have considered the input not worth the outcome.

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good for you, however all it requires is you read your mail and what you are agreeing to

 

[SurreyAlan]

my Tesco policy was on auto renewal, when I renewed last year they asked and I agreed to it. Three weeks before expiry they sent me the renewal notice telling me it would renew automatically and told me when the credit card would be debited. As I didn't like the figure I rang and as with most insurance companies a large discount was forthcoming which I accepted.
No complaints about Tesco from me, the letter was very clear and I had plenty of time to check the meercat and cancel if I chose.

 

[Caravadossi]

Thanks for your interesting comments.

I’ve received a letter from Tesco Insurance. I’ve read it. They advise I owe nothing. It was very clear. I find I agree with it.

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