Three months ago I asked my new home insurer to cancel my contract with my previous provider. I have already asked twice and both times get an automatic ‘yes we’ll get this done as soon as possible’ type response (by email). However the contract has not been cancelled and monthly payments are still being taken by my old insurer.
As far as I’m aware they are legally obligated to cancel my old contract if I give them the details and ask them to (as I have done) under the loi Hamon.
H ow would you proceed? Can I hold my new insurer liable for the payments I have still had to make as a result of them not cancelling my old contract?
Thanks John. I’ve just worked out how to block the virements on my online bank. I’m afraid this probably doesn’t solve the issue though and I will probably get chase-up letters from the old insurer as long as the old contract isn’t cancelled…
This is exactly why I will never, unless forced (Orange), allow monthly prelevements to be taken directly from my bank. I always pay myself for the whole year.
I was well justified in doing this when some years ago an insurer I had cancelled with, and received confirmation, then threatened me with bailiffs for not paying for another year. It was only when I took it higher in the company, with proof, that they desisted.
HI @an_droo , you are correct BUT the “loi hamon” can only be triggered by the new insurance company not by an individual. The mindset in France is much different but has its logic. Basically, if given the opportunity, many French people would simply be uninsured and therefore most of our insurance laws are crafted to make sure there is no possible insurance gap or interruption. That’s why the loi Hamon can only be done by the new insurer so that he’ll make sure there is no insurance gap.
We do have other means to cancel a policy like the loi chatel but I don’t like it as it’s not clear enough in my opinion (in theory it is but in real life I always struggle with the other insurance company to get a clear cancellation date which opens the door for possible lack of insurance or insurance gap and I can’t be happy with this, of course ).
But the bottom line is simple: in France a policy is automatically renewed unless explicitly disclosed otherwise and cancelling a policy usually involves a 30 days process
Just keep a note on everything you’ve done to resolve the situation and hit them with it if they come after you. I’ve responded to chase up letters with long lists of dates, times and failed interactions and heard nothing subsequently. I always think “what would a judge think of this” when I’m documenting poor customer service
Thanks all. As I guessed, unilaterally cancelling the direct debit doesn’t solve the problem (and potentially opens me up to more).
Is there a deadline by which the new insurer must cancel the old contract? Would I be within my rights to pass on any further bills from my old insurer to my new one if they haven’t got round to cancelling it for me yet?
Is there an ombudsman that can mediate in cases like this?
Thanks all. As I guessed, unilaterally cancelling the direct debit doesn’t solve the problem (and potentially opens me up to more). => indeed, only opens up more
Is there a deadline by which the new insurer must cancel the old contract? Would I be within my rights to pass on any further bills from my old insurer to my new one if they haven’t got round to cancelling it for me yet? => New insurer usually uses the loi Hamon which is a 31 days process. Claims should be according to the date of the claim. If a claim is dated from, say October the 1st, and considering the new insurer takes over on November the 1st then you should file the claim to the current insurer and claims that are dated from after November the 1st should be filed to the new insurer.
Is there an ombudsman that can mediate in cases like this? => Not like in the UK. Yes there is an ombudsman but only for legal litigations not commercial ones.
So I decided to go ahead and cancel the direct debit since I received confirmation from the new insurer that they would cancel my old insurance in early September 2021. I know this was a bit foolish but frankly I was fed up of paying twice just because my new insurer wasn’t fulfilling its responsibilities. I figured that if the debt went unpaid, 31 days after the confirmation from the new insurer, then I can quite easily point the finger at them as responsible.
And, quelle surprise, last month I received an avis de mise en demeure demanding payment for the month of November, with additional frais de gestion (and I’ve just received an email for December).
How would people proceed? Email only or letter recommandée holding them responsible with all the evidence?
And what if I just don’t hear from them, as I suspect I won’t?
).
