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D/D cancelled by ex, post not being passed on .....

8 replies

Sixer · 17/02/2008 21:52

My DB's ex cancelled a direct debit with the bank for car insurance. This was done after informing him he couldn't use the family car during the weekends, to take the children out. The reason was 'because she had him taken off the insurance'. DB has since had a cheap runaround bought for him. He decided to insure the car with the same company as his previous car. (his ex took controllof all the money matters within the home, as DB worked away all week. He therefore hasn't a clue where his and her earnings went.) The insurance company informed him he still owed them money for the old policy, have sent mail and e mails to him, and the next step was a CCJ. He sees his ex every week when collecting the DC, she also is very aware of his present address but still failed to hand over these letters.
Can she really cancel a direct debit to an insurance company, when she clearly wasn't the main policy holder, without the authorisation of her ex (my DB)? The not passing on of post issue, i think we have discovered was an offence? am i right in thinking that? help on this would be really appreciated.

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BigGitHamsterKillingDad · 17/02/2008 21:55

how did she cancel the dd? if it comes out of his bank account she cannot have done it, he should contact the insurance company and find out how it was done.
If a payment from a bank account is bounced then it will automatically cancel itself, could this have happened?

bookwormmum · 17/02/2008 22:00

Does she have or would know how to access to his bank account online?

If she found the letter from the car insurance co, she could cancel the debit by writing to them under his name quoting the policy nos (which would be fraud).

Sixer · 17/02/2008 22:39

thanks so far.
OK I'll try and keep this as clear as possible.
The payments were cancelled via the bank. She either hasn't paid or asked the bank to stop the D/D.
The payments were coming out of a joint account until the split in Sept. At mediation (in sept)they agreed she would continue to pay the household bills. DB Ex then paid sept and oct payments out of the joint account. He also knows nov was paid (we are thinking she then transferred this D/D to another account. possibly a sole account). Then decided to either not pay or cancel the D/D through the bank, so she could change insurance companies. SO DB has been left with admin fees, a months payment plus what ever other charges the insist on. Totalling £110.00. which he has has to pay in order to get insurance for his new car. Hope this is clear.

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HappyMummyOfOne · 18/02/2008 09:35

If the DD was from a joint account she could cancel it online and the bank would act on the instruction. Takes about 10 secs to do online and it doesnt matter what the DD is for.

He could get his own account and do a standing order for the money he needs to give her for the children. Is he paying more than the CSA rate? Is there a reason why if he is bearing in mind the trouble he could be in if he had been stopped in the car?

Has he not paid RM to re-direct his mail?

Sixer · 18/02/2008 10:09

I realise she can/could cancel the D/D very easily. I am just concerned as it was a policy that wasn't even in her name. I was thinking maybe she has a legal obligation to inform him of her actions.
He does have his own account now. He has since had mail re-directed. The problem was, he had no idea when the car insurance was sorted, that he was the main policy holder and his ex was a named driver. (he was hardly ever around to drive the car, she always used it). Again his own fault for accepting that she would control everything, (even the bleeding list of chores she would write out and expect him to do during the weekends). So there was no reason for him to re-direct his mail immediately, (she even opened all his post, poor bloke didn't open a letter in 20 years of marriage!!).

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Sixer · 18/02/2008 15:19

bump

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HappyMummyOfOne · 18/02/2008 16:30

I dont think he has any legal comeback re the cancellation of the policy due to her cancelling the ddm.

If he had moved and the car was in his name, his insurers should have been advised of the new address as per the terms and conditions of the policy. He would have had a better chance of getting the insurance re-instated had he lived at the correspondence address and not received the letters where you can argue they didnt provide a notice period (7 days).

Dont think he can do anything expect put it down to experience and to ensure she has no access to other ddms that may affect him.

He may also have a problem obtaining a new insurance policy is the car is not kept at the same address as the policyholder. They must also ensure that they both dont insure it as dual insurance is classed as fraud.

Sixer · 19/02/2008 08:48

Thanks. The car was in her name, with DB as the main policy holder. Ex has since insurred the car in her name. DB has a new one insurred with his previous insurance company. (once he coughed up the £110 in charges and missed payments, that he didn't realise he had).

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