Unable to cancel an insurance policy.

[Marina]

My work contract recently came to an end and I'm trying to cut back on all unnecessary expenses.

I tried to cancel my Sanitas health insurance policy but have been told that it is only possible to do this on 1st Jan. Not realising there was a cut off date, and thinking that it could be cancelled at any time, I missed this by a few days.

Sanitas have offered to switch me to a cheaper policy but have refused to cancel altogether. Does anyone know what they will do if I just don't pay the monthy premium? Are the likely to take me to court?

[Campo Steve]

I enquired with Sanitas about cancelling as we were considering changing to another company (in the end we stayed with Sanitas). They told us that the only way we could cancel early is if we were leaving Spain for good and could provide a copy of a one-way ticket out to prove it. No mention of a cut-off date.

Maybe ask them again but talk to a different agent?

[Marina]

Thanks. My lawyer spoke to them for me and they just won't budge.

Interesting though about the one way ticket. How does that work with online booking where there is no ticket?

[Campo Steve]

Must admit it wasn't Sanitas themselves I spoke to. It was the agent that originally sold us the policy.

As for one-way tickets, your email of confirmation is classed as your ticket although it really doesn't mean anything as you could buy two singles, one there and one back, so I guess she may have got that wrong.

[Marina]

Yes that's what I was thinking about the ticket. Cheaper to have a few days away than pay the premiums!

[gerryh]

Or even buy the cheapest ticket you can find, show them the booking and don't use it.
Cheers
Gerry

[Jool]

Are you sure it says this in the contract? I don´t think it is correct.....and I have seen on internet that if you do not pay the premium for 3 months it is automatically cancelled so claim the fee back each month and cancel with them in writing - I think it is an abusive clause in law to say you only have one day in 365 when you can cancel a contract..!!!

Cancelling anything in Spain seems to be fraught with difficulties..............

[Marina]

Well I certainly don't remember seeing anything to that effect and wasn't ever told about it! It was only after I wrote to cancel it that they said I couldn't. I took the policy out through a special offer at work and someone there translated everything on the paperwork meticulously for me, but that was never mentioned.

Stupidly, I can't find the original paperwork so can't check.

I think I will email them again to say I just can't pay. I'll also tell them that I'm moving back.

I have managed to get the last two payments back through the bank. So if you are right, just one more to go! The bank have now said that if we put it in writing to them, they won't pay any more out.

The premiums went up in Jan as wel,l which doesn't help, from €66 to €95. They said they wrote to inform me in October, but I never received that. If I had I would have cancelled straight away!

[masterob]

Not the same insurance but I had a similar problem when I cancelled an annual house policy. The Company refused to accept a months notice. I told them to sue me. I heard nothing further although I subsequently found out that legally I should have given two months. Phew!

[knowal]

Yes that's what I was thinking about the ticket. Cheaper to have a few days away than pay the premiums!

It would be very helpful if you read your contract first, but when you are sure you did not sign up to the year dot...

Just cancel the direct debit and inform the company in writing. End of.

[Marina]

Well yes, I have been telling myself I should have read the small print. Unfortunately my Spanish isn't qute up to it and the person who translated for me obviously missed it too.

It doesn't seem to be as simple as telling them in writing. I did that and they have written back to tell me it isn't possible and that I must pay. I'm not going to, so I'm just wondering what might happen next.

[frank]

I have just done a quick search in Spanish, and you certainly aren't alone, there are loads complaining of the same thing. It looks like the small print says you have to give 2 months written notice, if not the money is automatically deducted from your account in December. Someone is claiming they are threatening him with legal action if he stops his payments, A mí me ha pasado lo mismo, de hecho me han mandado una carta diciendo que igual emprenden acciones legales.

[Marina]

Thanks. I wondered if they might do that.

[markwilding]

I would check with the consumer office to see if Sanitas are trying it on. Meanwhile, give them notice in writing and see what happens.If they are on shakey ground as far as the law is concerned,they won´t want to go to court

[Parilla]

Don't know if it is any help Marina, but we took out Sanitas cover in 2004, and our policy document says in the General Conditions that either party can cancel by giving a minimum of 2 months notice. Seems a bit of an unfair condition, when they only tell you a couple of weeks before the annual renewal, what the new premium increase will be.

[Marina]

Thanks. That's useful to know.

I'll let you know what happens.

[frank]

I would check with the consumer office to see if Sanitas are trying it on. Meanwhile, give them notice in writing and see what happens.If they are on shakey ground as far as the law is concerned,they won´t want to go to court

It's certainly worth a shot, but if you look back, do a search, this has been going on for years and nothing has changed, but I'm sure this would have been contested before. I doubt they are on shaky ground, plus it's there in the "letra pequeña", it pays to read the small print, especially if it´s in Spanish! I´m no insurance expert, but it seems legally they are on safe ground, and if they insist on payment, there´s not a lot you can do. As it says below, they "might" take you to court for the money, plus the expenses of the court case.

Pues pasa que te enviarán cartas para que pagues, te amenazarán con llevarte a juicio, y puede que lo hagan o puede que no, si lo hacen pues te tocará pagar la póliza y las posibles costas del proceso

I like the guy that says, if they insist, it´s like throwing €600 in the bin, and he's going to see every specialist he can, claim everything he can just to get his monies worth! It's possible they won't pursue you, but they have the right, and it's whether you want to take the risk. Given the economic situation, I imagine many are trying to cancel their health insurance, so perhaps the insurance company are keen to get your money and becoming even more aggressive. Certainly a letter won't do any harm, see what they have to say.

http://tinyurl.com/7earukg

[markwilding]

I remember something David Searl wrote some time ago, which was you cannot opt out of the law.That is to say that even if it's in a contract and if it conflicts with the law, a company cannot use it against you.

After living in Spain almost 10 years,I've come up against these problems where the person on the other end of the phone won't budge from their position.However, the fact that they say they are correct doesn't necessarily make them correct. One thing about the Spanish is they don't complain enough which in turn means that companies try it on hoping that you'll give up and pay.

Recently I've had a problem with my phone company of which on the whole I have been very happy. The problem involved 1.35 euros, for most, an amount not worth bothering with. However, I wasn't prepared to pay for two calls going on at the same time. They told me it was technically possible but I refused to accept their findings, although the girl on the phone seemed to think that she had the last word on the matter. We sent a letter the consumer office and the head of the company and last week the sum of 1.35 was returned to me.

The consumer office route is a good way to go because they can really help and it's a pity that more people don't have the condfidence to use it.

[morlandg]

Today my wife emailed sanitas at [email protected] with the details of our health insurance policy and we have just received the following reply:

"Después de recibir su solicitud de resolver la póliza de seguro suscrita con Sanitas, con el número de póliza xxxxxxxxx queremos recordarle que su contrato es de perioricidad anual tal y como establece el artículo 22 de la ley 50/1980 de contrato de Seguro y con lo estipulado en las Condiciones Generales de su Póliza, por lo que el contrato de seguro quedará extinguido en su respectiva fecha de vencimiento anual.
De acuerdo con lo arriba expuesto, le informamos que la fecha efectiva de baja de su póliza se producirá en su próximo vencimiento anual es decir el 01 de marzo de 2012."

The 1st march is the annual renewal date so we are keeping our fingers crossed!
We will have to pay them for some recent treatment as per our contract but that's no prob.
I'll keep you all informed next month...........
Graham

[Sub-Tech Steve]

hi there, how di dyou get on? i have a similar problem...

In April this year we opened a health insurance policy as we now live in spain.

1: At the end of May, Sanitas cancelled our policy due to an 'INTERNAL CLERICAL ERROR' without advising us of this before cancelling.

2: A new policy was opened by Sanitas and sent to us but the documentation was incorrect [another error by Sanitas].

3: During this period I was taken ill and needed emergency surgery in hospital which [due to Sanitas errors] I was not covered for.

4: The new documentation did not arrived until after I was in hospital, we made a formal complaint to Sanitas regarding the fact that the documentation was incorrect and that there were other issues, including the fact I was not covered whilst in hospital.

5: The agent advised us to cancel the policy and retrieve the payment via our bank.

6: Sanitas REFUSED again and again to cancel and REFUSED to accept they were in any way in error.

7: Sanitas are now threatening us with legal action because we cancelled and retrieved the payment.

Steve G.