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  #21  
Old 23.07.2015, 09:58
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Re: Insurance company threats upon signup

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This seems to be a strong point to defend myself if they raise a pursuit against me. But how i can proceed using this info? Should i consult this issue in advance with my canton office du pursuit or wait for the insurance company to make a move?
thanks
"1. When can I contest a contract?
Articles 23 and 24 CO regulate the case of contracts concluded in error. They provide that a party who makes a serious mistake as to the circumstances when entering into a contract is not bound by that contract. The error must be substantial, i.e. so serious that if the party in error had known the true situation, they would not have signed the contract. It is advisable to inform the other party in writing that the signed contract is considered invalid on the grounds of a substantial error."

You might want to write them a letter using the verbiage that the insurance contract is considered invalid on the grounds of a substantial error, per Articles 23 and 24 CO. Then send it via registered post.
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  #22  
Old 23.07.2015, 10:07
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Re: Insurance company threats upon signup

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"1. When can I contest a contract?
Articles 23 and 24 CO regulate the case of contracts concluded in error. They provide that a party who makes a serious mistake as to the circumstances when entering into a contract is not bound by that contract. The error must be substantial, i.e. so serious that if the party in error had known the true situation, they would not have signed the contract. It is advisable to inform the other party in writing that the signed contract is considered invalid on the grounds of a substantial error."

You might want to write them a letter using the verbiage that the insurance contract is considered invalid on the grounds of a substantial error, per Articles 23 and 24 CO. Then send it via registered post.
All of which is moot if the user had to tick a box saying "I have read and understand the terms and conditions".

It is the reason why such boxes exist - even if you don't read the conditions or simply don't understand them because they are written in foreign, you have stated you do and that you accept them.
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  #23  
Old 23.07.2015, 11:26
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Re: Insurance company threats upon signup

I am never going to open this website ever : WeClub.ch
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  #24  
Old 23.07.2015, 16:08
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Re: Insurance company threats upon signup

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"1. When can I contest a contract?
Articles 23 and 24 CO regulate the case of contracts concluded in error. They provide that a party who makes a serious mistake as to the circumstances when entering into a contract is not bound by that contract. The error must be substantial, i.e. so serious that if the party in error had known the true situation, they would not have signed the contract. It is advisable to inform the other party in writing that the signed contract is considered invalid on the grounds of a substantial error."

You might want to write them a letter using the verbiage that the insurance contract is considered invalid on the grounds of a substantial error, per Articles 23 and 24 CO. Then send it via registered post.
I second that, I'd say this is the best shot you have in the meantime, give it a try and wait for their response, be firm when you write the letter.

Since it seems you were playing around with insurance offers, did it happen that you took a legal protection insurance?

Let us know what happens, good luck!
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  #25  
Old 23.07.2015, 16:33
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Re: Insurance company threats upon signup

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This seems to be a strong point to defend myself if they raise a pursuit against me. But how i can proceed using this info? Should i consult this issue in advance with my canton office du pursuit or wait for the insurance company to make a move?
thanks
As silly as this mistake is, if you genuinely did not know what you were clicking then I think there is at least some chance you can get out of this, especially if you have not physically signed and returned any physical forms.

I would immediately go to your local citizens advice buro (or similar) and explain the situation and tell them you did something silly, yet it was an honest mistake and that you genuinely didn't know that you were entering into an agreement as you were just trying to get quotes from as many companies as possible.

It may not work, but it's worth a shot. The silly thing is that you have left it so long that they have sent you two reminder letters... did it not occur to you to seek advice earlier? Do you really think it is sensible to wait for them to "make a move" before pro-actively doing something about this?

Seriously, common sense.
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  #26  
Old 25.07.2015, 03:19
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Re: Insurance company threats upon signup

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Next time, use a fake name, just in case.

Tom
Ok. But what about this time?

Can I use this link https://www.konsum.admin.ch/en/faq/ and benefit FAQ 1 , something committed in error.

Someone need to advise me please. Thanks
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  #27  
Old 25.07.2015, 06:43
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Re: Insurance company threats upon signup

Ho..ly crap, i'm in the wrong business, there really IS one born every minute.
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  #28  
Old 25.07.2015, 20:27
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Re: Insurance company threats upon signup

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I would immediately go to your local citizens advice buro (or similar) and explain the situation and tell them you did something silly, yet it was an honest mistake and that you genuinely didn't know that you were entering into an agreement as you were just trying to get quotes from as many companies as possible.

It may not work, but it's worth a shot. The silly thing is that you have left it so long that they have sent you two reminder letters... did it not occur to you to seek advice earlier? Do you really think it is sensible to wait for them to "make a move" before pro-actively doing something about this?

Seriously, common sense.
Thanks for your reply and useful help. In case of Neuchatel canton, are you referring to go to pursuit office, as I think it might be equilant ti advice buearu.

And about being late, I actually tried settling the issue directly with the company. Exchanging emails and phone calls. Spoke to CEO even. Requested him politely and explained my situation. But he was too stubborn, indeed he actually threatened me to pay as early as possible otherwise they will drag me to court. Bloody hell. I'm worried about it.
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  #29  
Old 02.08.2015, 15:02
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Re: Insurance company threats upon signup

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You might wish to review the FAQs at the Federal Consumer Affairs Bureau website:

https://www.konsum.admin.ch/en/faq/

FAQ #1 seems applicable to your situation:

"1. When can I contest a contract?
Articles 23 and 24 CO regulate the case of contracts concluded in error. They provide that a party who makes a serious mistake as to the circumstances when entering into a contract is not bound by that contract. The error must be substantial, i.e. so serious that if the party in error had known the true situation, they would not have signed the contract. It is advisable to inform the other party in writing that the signed contract is considered invalid on the grounds of a substantial error."
I am going to pursue on this seriously now. As i have gathered little info about what to do.

Now the question is, how can i contest this contract? If any person guide me? Do i need to write to the insurance company directly giving reference of above link, or by using some official way i.e. canton pursuit office etc.

thanks in advance.
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