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Insurance problems with chill.ie, Illegal or Legal?

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    #32
    d9oiu2wk07blr5
    Closed Accounts Posts: 364 ✭✭d9oiu2wk07blr5


    There are three parts to a consumer contract. First, the insurance company quoted you €2,033 for a motor policy which was an "offer". Second, you then took out an insurance policy based on the price that you were being quoted online, which was the "acceptance" phase and that's when it became a legal contract. Finally, the "consideration" part of that consumer contract was when you paid over the deposit of €645 which I presume has already been deducted from your bank a/c and shows up on your statement.

    I presume that all the info that you inputted on to the proposal form was correct?

    They may refer to their T&C's, and on that score you should familiarize yourself on what may constitute an unfair term in a consumer contract.

    There's such a thing as Directive 93/13/EEC on an unfair term in a consumer contract and Article 3 defines an unfair term as;

    1. A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

    2. A term shall always be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term, particularly in the context of a pre-formulated standard contract.

    The fact that certain aspects of a term or one specific term have been individually negotiated shall not exclude the application of this Article to the rest of a contract if an overall assessment of the contract indicates that it is nevertheless a pre-formulated standard contract.

    Where any seller or supplier claims that a standard term has been individually negotiated, the burden of proof in this respect shall be incumbent on him.

    Unfair terms within the meaning of article 3 includes;

    a. Inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, including the option of offsetting a debt owed to the seller or supplier against any claim which the consumer may have against him;

    b. Making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realization depends on his own will alone;

    c. Permitting the seller or supplier to retain sums paid by the consumer where the latter decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the seller or supplier where the latter is the party cancelling the contract;

    d. Requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;

    e. Irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract;

    f. Obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his.

    http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31993L0013:en:HTML


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