So for once im blogging about something different to the usual suspects in the world of the Consumer Credit Act.
However good old Hastings sit up there with the best of them thats for sure. So what happened? Well on 1st December 2016 i renewed my car insurance, i asked the operator if they had my bank details? “Yes” they replied. I asked “do i need to do anything” and their reply “No”.
So i assumed after asking these questions that they would set up the direct debit and would take payments for the insurance etc. How wrong i was!!!!!
Today, 9th December 2016 i received a letter from good old Hastings. To be blunt, it was the biggest load of testicles ive ever seen. And heres why.
Hastings claimed in their letter that i had failed to make payment. Shocked by this i decided to log on to online banking, i checked my acc and noted there was sufficient funds to cover the payment. I checked my direct debits and would you believe it NO DD HAD BEEN SET UP!!!!
I called my Bank and asked have they tried to set it up and made a cock up? No im told.
So i look at the other enclosures, this is where the fun really begins. So they sent a “Default notice served under s87(1) Consumer Credit Act 1974, the notice was dated 7th December 2016, served on 9th December 2016, requiring remedy by 20th December 2016!!!!
Sadly for Hastings, they dont seem to be able to read or count, because if they could, they would have read s87 & 88 Consumer Credit Act 1974, and would have seen that the notice MUST (mandatory) allow 14 days “from” the date of service to remedy the breach.
Now even with my poor maths, its clear that 7th to 20th isnt 14 days!!
So the Default notice was bad and thus not compliant with the law and thus not enforceable.
So i called Hastings on the number they gave me, and ended up with the department that couldnt help me. Apparently even though they knew my policy was a multi car policy, they still put me through to a department that wouldnt deal with multi car policies. Why bother putting the number on the letter?????
Anyway, i finally get through to the correct department, they accept they didnt set up the direct debit, they accept that they havent even spelt my name right, they accept the default notice is bad etc, and offer me £10. They then when pressed about their complaints department advise me that i have to either write to them or they will call back within 4 days. Now im not sure that the FCA would find this complaints process acceptable, and we will see what they make of it when i report this to the FCA 🙂