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Clause for Loi Chatel


mogs
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I apologise if this has been discussed before, I couldn't find it on the search.

When cancelling an insurance contract under the "loi chatel" clause, is there any specific words that one should use, e.g. quote a "under terms & conditions Section 4b, of the act dated.....?".

I need to get my letter ready now.

Many thanks

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If you are cancelling in accordance with the two months prior notice, then you are complying with the terms of the agreement and the loi Chatel doesn't apply.

If you have received a renewal notice (normally sent out after the two months contract deadline has expired), then the notice will mention your extended cancellation rights.  In this case, you are cancelling under the terms of the renewal notice, so no actual need to mention any Chatel clause.

If you do feel you want to mention it, then 'loi Chatel' will be sufficient.

 

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My broker (AXA) sends out all his renewal notices be it car or household after the policy has expired to try and prevent customers exercising their rights! They are actually dated one week before the 20 day cancellation period, he just sits on them.

I have had  a robust discussion with him about this but unfortunately no-one else can match the premiums that I pay (and other AXA agents are prohibited from poaching customers).

I have turned it to my advantage and now take my time in paying in the hope that I will get a reminder so I can explain my tit for tat game, no such chance, 6 weeks after the renewal notice arriving 3 weeks late he doesnt bat an eye when I finally crack and go in to pay.

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Now I'm confused about this so can anyone explain how it works?

I am supposed to cancel my motor insurance two months before the renewal date by writing to my insurer- correct?

But then if I don't cancel it I can still cancel it up to 20 days after I have the renewal notice from the insurer ??? Don't make sense to me!

I have had a renewal notice sent out to me for a motor policy which will expire in two weeks time by AGF insurance. Contrary to the post above, there is no mention anywhere about cancellation rights or Loi Chatel ?

Can anyone please explain in clear terms what it's all about ?

Thanks!

 

 

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In the old days, most contracts could only be cancelled if the cancellation letter was received 2 or sometimes 3 months before the end of the contract.

Most people did not remember to cancel in time, sent their cancellation letter too late and the contract would be tacitly renewed for another year, even though cheaper cover was available with other companies.

In a way, the insurance companies were relying on their customers' passivity and once the customer had signed, he would be unlikely to look elsewhere. Most people did not bother looking for other quotes unless they had a problem with their insurer.

Those who did remember to send their letter in time would be in the position where they would cancel two months before the expiry of their cover and have to start looking for cover before knowing what their existing insurance would offer at renewal time.

With the loi Chatel, customers can still cancel during the contract  and the cancellation still becomes effective at the end of the contract.

In addition, service providers must inform consumers "not earlier than three months

and no later than one month" before the deadline for cancellation of the

option not to renew the contract. If this information has not been sent within that time, the customer can terminate the contract without

penalty, from the date of renewal.

In terms of insurance

contracts, insurers must now quote the deadline for termination of the

contract when sending their renewal notice. If such notice is

received less than 15 days before the end of the termination period, or

after that date, the insurer must notify the insured that has a period

of 20 days from the date sending of the notice to terminate his

contract. To determine the start of that 20 days period, look at the posting date and keep the envelope as proof.

If these provisions are not met, the insured may terminate the contract

without penalty, at any time after the date of renewal, by registered letter to

the insurer. The termination shall take effect the day after the date

of posting. In this case, the insured must pay the

insurance premium for the period from the date of extension to the date

of termination. If the insured has already paid an amount exceeding the

insurer's obligation to pay within 30 days of termination. If he fails

to do so within this period of time, it must pay more in interest.

http://www.flashassur.com/181/la-loi-chatel-et-les-contrats-dassurance/

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Does anyone who has issued one have some text I could use to cancel my health insurance, as stated in the beginning of the thread it's not going to be sent out by the insurance company until 20/4 but is due to restart from 01/05?

thanks Clair as always

 

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I have just this afternoon changed my car insurer.  The new one had a standard cancellation letter in her pc - found my old policy details on the insurance site - printed it out, got me to sign it, and even filled in the envelope and paid for the registered postage.  Doddle![:)]
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