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Old 19.12.2019, 19:33
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I trusted an independent agent to cancel my complementary insurance for end of 2019 and she failed to do it. Now it's too late and I have to pay for another year

My question is, will I get into any trouble if I don't pay the premiums for this complementary insurance? My basic health insurance is with a new insurance provider now.

Second, is it possible for me to make the independent agent liable for this? She is the one who messed this up, I even have lots of evidence (WhatsApp messages) where she claims to have done it and did not do it. I even received a confirmation from my old insurance saying I am renewing for another year, I asked her "Is this right? I thought you were cancelling this for me?" and she said, "Don't worry, we sent the paperwork they will acknowledge it."

It was my first time with a Swiss health insurance provider (before I was eligible to use a foreign one) and my first time switching providers. I did not know what I was doing and I trusted her to do this for me.

Last edited by roegner; 20.12.2019 at 10:22. Reason: Merging consecutive posts
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Old 19.12.2019, 19:47
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Re: Screwed by an independent agent, what can I do?

When did you do it?

Complementary needs to be cancelled before the end of September.

And yes, you have to pay.

Tom
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Old 19.12.2019, 20:02
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Re: Screwed by an independent agent, what can I do?

Nobody but you and the contract-partner can cancel a contract.
Yes you'll have to pay.
No, I don't think so. You can fire her. Next one will also only be able to write the letter yet YOU will have to sign it.

Last edited by curley; 19.12.2019 at 20:54.
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Old 19.12.2019, 20:10
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Re: Screwed by an independent agent, what can I do?

I expected a thread about a romantical encounter...
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Old 19.12.2019, 21:36
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Re: Screwed by an independent agent, what can I do?

Try to get it cancelled with the insurance themselves (maybe if they don't accept even use the proof you speak of they might be more understanding) and if not, it's not worth pursuing her. At least you don't have 2... And read the contract to know when and how to cancel it next year.
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Old 20.12.2019, 10:08
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When did you do it?

Complementary needs to be cancelled before the end of September.

And yes, you have to pay.

Tom
I signed everything mid Sep but she did not send it in until end of Nov

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I expected a thread about a romantical encounter...


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Try to get it cancelled with the insurance themselves (maybe if they don't accept even use the proof you speak of they might be more understanding) and if not, it's not worth pursuing her. At least you don't have 2... And read the contract to know when and how to cancel it next year.
So I can't sue her ?

Last edited by roegner; 20.12.2019 at 10:22. Reason: Merging consecutive posts
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Old 20.12.2019, 10:36
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Re: Screwed by an independent agent, what can I do?

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So I can't sue her ?

Of course you can, good luck with that
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Old 20.12.2019, 10:58
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Re: Screwed by an independent agent, what can I do?

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I signed everything mid Sep but she did not send it in until end of Nov


Tom
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Old 20.12.2019, 11:36
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Re: Screwed by an independent agent, what can I do?

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I trusted an independent agent to cancel my complementary insurance for end of 2019 and she failed to do it. Now it's too late and I have to pay for another year

My question is, will I get into any trouble if I don't pay the premiums for this complementary insurance? My basic health insurance is with a new insurance provider now.

Second, is it possible for me to make the independent agent liable for this? She is the one who messed this up, I even have lots of evidence (WhatsApp messages) where she claims to have done it and did not do it. I even received a confirmation from my old insurance saying I am renewing for another year, I asked her "Is this right? I thought you were cancelling this for me?" and she said, "Don't worry, we sent the paperwork they will acknowledge it."

It was my first time with a Swiss health insurance provider (before I was eligible to use a foreign one) and my first time switching providers. I did not know what I was doing and I trusted her to do this for me.
The hint is in the title - agent. An agent acts on your behalf, not as a principle, meaning they have no contractual capacity, so they cannot cancel a contract etc on your behalf. The bottom line, you failed to ensure that paper work was submitted on time and as a consequence you are fully liable to pay for the service and you can expect the usual collection process will kick in if you fail to do so.

Like most of Europe, of course you can take them to court in Switzerland, if you are willing to pay the cost. But again like most of Europe, Switzerland assumes that as an adult you are able act in your own best interests, so a case based on “I’m an idiot and I should not held responsible for my own actions”, might not go so well. You have to decide if it is worth it.
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Old 20.12.2019, 12:33
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Re: Screwed by an independent agent, what can I do?

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....... so a case based on “I’m an idiot and I should not held responsible for my own actions”, might not go so well. You have to decide if it is worth it.
There's a thought. If OP declares themself legally incapacitated it may work. The rest of their life will be like blithe childhood too, with a legal guardian at their side.
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Old 20.12.2019, 13:36
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Re: Screwed by an independent agent, what can I do?

Actually an agent can act on you behalf if you have given them a power of attorney (usually does not even need to be in writing). Also, if she was acting as an agent on your behalf, she is under a duty of care towards you and is required to act diligently. If not she is liable for the damage caused.
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Old 20.12.2019, 14:47
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Re: Screwed by an independent agent, what can I do?

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Actually an agent can act on you behalf if you have given them a power of attorney (usually does not even need to be in writing). Also, if she was acting as an agent on your behalf, she is under a duty of care towards you and is required to act diligently. If not she is liable for the damage caused.
Except at that point they would no longer be an agent and the legal situation would be entirely different to the situation being discussed.
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Old 21.12.2019, 02:09
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Re: Screwed by an independent agent, what can I do?

OP do you have legal insurance?

What is the amount of damage?

I would still try to claim the money from this person given the proof you have. She committed to do something and failed. You have a right to expect she would have followed through.

K
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Old 23.12.2019, 14:58
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Re: Screwed by an independent agent, what can I do?

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Except at that point they would no longer be an agent and the legal situation would be entirely different to the situation being discussed.
I disagree: The definition of an agent (according to https://www.admin.ch/opc/en/classifi...ex.html#a394): "An agency contract is a contract whereby the agent undertakes to conduct certain business or provide certain services in accordance with the terms of the contract."

If the agent mentioned in OP's post undertook to cancel his insurance, she undertook to perform this very service.
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Old 23.12.2019, 19:12
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Re: Screwed by an independent agent, what can I do?

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I disagree: The definition of an agent (according to https://www.admin.ch/opc/en/classifi...ex.html#a394): "An agency contract is a contract whereby the agent undertakes to conduct certain business or provide certain services in accordance with the terms of the contract."

If the agent mentioned in OP's post undertook to cancel his insurance, she undertook to perform this very service.
Your definition refers to a contract between the OP and the agent. The agent has no legal standing in the contract between the OP and the insurance company and consequently has no legal capacity to cancel it.
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Old 24.12.2019, 00:11
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Re: Screwed by an independent agent, what can I do?

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Actually an agent can act on you behalf if you have given them a power of attorney (usually does not even need to be in writing). Also, if she was acting as an agent on your behalf, she is under a duty of care towards you and is required to act diligently. If not she is liable for the damage caused.
I thought the same, in fact if they are your agent and failed to act on your request, they are liable. We had something similar and issued a "poursuite" (can't think of the english or german word) against them. We went before the tribunal and the agent caved in and paid us the costs. So yes, if they were your agent and properly instructed they are liable.
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Old 24.12.2019, 00:57
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Re: Screwed by an independent agent, what can I do?

Pour yourself a gin tonic is the best you can do
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Old 07.01.2020, 18:29
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Re: Screwed by an independent agent, what can I do?

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I thought the same, in fact if they are your agent and failed to act on your request, they are liable. We had something similar and issued a "poursuite" (can't think of the english or german word) against them. We went before the tribunal and the agent caved in and paid us the costs. So yes, if they were your agent and properly instructed they are liable.
Interesting! How did you do this? I might try this route then!
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Old 08.01.2020, 06:57
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Re: Screwed by an independent agent, what can I do?

Do you have legal insurance? If so hand over the matter to them.

If not - here is what I would do:

1) Write a letter where you put together a timeline of events and refer to evidence. Sum up the damage that the actions of the agent caused you and ask the agent to pay it back.

2) Send to agent via registered letter and given 15 days to respond.

3) After 15 days send a reminder with a further 15 days and let them know you will go to the Pursuites to claim money back if they do not react.

Hopefully they will admit fault if there is and pay you at least something. If the sum is substantial go to a lawyer - but you should do step 1 anyway as if the lawyer do it it will be very expensive so maybe start there anyway.

K
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Old 08.01.2020, 09:57
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Re: Screwed by an independent agent, what can I do?

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Interesting! How did you do this? I might try this route then!
Hi, firstly, as mentioned, if you have legal insurance, just call your helpline and they will explain the process.

If not, as long as you have the correct evidence, which is sounds like you do, then you must invoice them for the loss (I would ask your unwanted health insurance what the annual premium will cost) and then invoice your agent for this amount.

If (when) your agent will not pay, you must issue a poursuite (notice of debt) about them (there are multiple threads on doing this https://www.englishforum.ch/finance-...poursuite.html) which they can then admit to (and pay you) or object. If they object it will eventually end up in effectively a small claims court where as long as you have your evidence, things should go your way.

Be careful of costs, it could cost more for the process than you will get back if you are not careful so ask at each stage what costs will be incurred.

If they are a registered health insurance agent then they should be able to act on your behalf.
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