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Old 09.03.2009, 22:12
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Letter to cancel health insurance late by one day!

I'm completely distressed. This morning I received a bill for premiums for January - March 2009 -- from my OLD insurance company!! I found new insurance and posted my cancellation notice on Thursday 27 November 2008 by registered mail - knowing it was a bit last minute, but that at least I'd posted it in November.

I spoke to them on the phone this morning and they said it probably wasn't on their desk until Monday 1 December and that I would therefore have to pay the bills. She said that they would make enquiries to see exactly when it was received.

Please someone tell me I'm not going to have to pay an entire year's health insurance...


Thanks
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Old 09.03.2009, 23:38
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Re: Letter to cancel health insurance late by one day!

Do you still have the slip the post office gave you when you sent the letter?
If you do you can check when it was delivered on the post office website www.post.ch using the tracking number on the slip. That will tell you when it was delivered. If it was delivered the following day then you would have an excellent case. If not, then I guess you are SOL.
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Old 09.03.2009, 23:58
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Re: Letter to cancel health insurance late by one day!

You not only have to send a cancellation letter, but notify them of your new insurer by sending them your new policy documents. Did you do this?

The good news is that you won't pay double, you will only have to pay the one company.
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Old 10.03.2009, 14:43
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Re: Letter to cancel health insurance late by one day!

Thanks for your replies. I did keep the receipt and I just checked when it arrived...alas it was on 1 December.

I just found this on the Comparis site:

For termination as of December 31, the termination letter (registered letter) must reach the former health insurance </B>by November 30</B> or the last working day of November, respectively. This is the final deadline, no matter if your new premium is higher, lower or remains unchanged.

and it gets worse because I didn't realise the complementary insurance had to be cancelled 3 months before.

Sadly Outta Luck - is that what that meant? I think you're probably right.

I wonder if I could keep their Complementary, with the Basic of the new company.

I'm reassured that you say I won't need to pay double insurance. I'll see how they react to my letter.


Thanks again
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Old 10.03.2009, 21:06
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Re: Letter to cancel health insurance late by one day!

Good luck.

Health insurance companies can be beastly sometimes. But if you stick to your guns you normally get what you want in the end.
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Old 10.03.2009, 23:26
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Re: Letter to cancel health insurance late by one day!

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Thanks for your replies. I did keep the receipt and I just checked when it arrived...alas it was on 1 December.

I just found this on the Comparis site:

For termination as of December 31, the termination letter (registered letter) must reach the former health insurance </B>by November 30</B> or the last working day of November, respectively. This is the final deadline, no matter if your new premium is higher, lower or remains unchanged.

and it gets worse because I didn't realise the complementary insurance had to be cancelled 3 months before.

Sadly Outta Luck - is that what that meant? I think you're probably right.

I wonder if I could keep their Complementary, with the Basic of the new company.

I'm reassured that you say I won't need to pay double insurance. I'll see how they react to my letter.


Thanks again
You can get the supplementary and basic health insurance from different insurers. However, you might not then be eligible for any discounts on the combo.
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Old 11.03.2009, 15:41
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Re: Letter to cancel health insurance late by one day!

[quote=oognip;414506]I'm completely distressed. This morning I received a bill for premiums for January - March 2009 -- from my OLD insurance company!! I found new insurance and posted my cancellation notice on Thursday 27 November 2008 by registered mail - knowing it was a bit last minute, but that at least I'd posted it in November.

I spoke to them on the phone this morning and they said it probably wasn't on their desk until Monday 1 December and that I would therefore have to pay the bills. She said that they would make enquiries to see exactly when it was received.

Please someone tell me I'm not going to have to pay an entire year's health insurance...

In my opinion it's over.
The deadline (30 november) is not the reception date but the date when your letter is examinated by the insurance desk...

Perhaps good news for you:
If you have a CHF 300 franchise *("responsible") and the classical insurance model (so no GP or Telemed or HMO models) you can move on at the end of July 2009. Deadline is end of March !
* CHF 0 for the children

Alexandre

Last edited by Nathu; 13.03.2009 at 00:42. Reason: Signature
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  #8  
Old 11.03.2009, 15:51
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Re: Letter to cancel health insurance late by one day!

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The deadline (30 november) is not the reception date but the date when your letter is examinated by the insurance desk...
Alexandre, with all due respect that cannot be true. How can the customer know how long it will take the "insurance desk" to get around to look at it? Like most deadlines in Swiss law I think you will find that delivery by the post office, or alternatively, the mail's availability to be picked up at the post office if delivery is not possible, is the crucial point.
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Old 11.03.2009, 16:10
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Re: Letter to cancel health insurance late by one day!

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Alexandre, with all due respect that cannot be true. How can the customer know how long it will take the "insurance desk" to get around to look at it? Like most deadlines in Swiss law I think you will find that delivery by the post office, or alternatively, the mail's availability to be picked up at the post office if delivery is not possible, is the crucial point.
Hello

I know it's a crucial point : what is the deadline ?

Last year I have send that sort of letter by registered priority mail on 26 october. It was a wednesday. 28 october was a friday and 30 october a sunday. Companies are closed after saturday and sunday (they said...).
That letter was delivery on friday morning at 7.13 AM. Thuesday the letter could be delivered but because that company has a postal box it wat not the case (for a delivery you need tu made your signature).
What I want to say is: according the Poste company tracking mail service my letter was delivery on friday 28 october.
I have contacted the company with all documents and prooves (postal registration ticket, postal tracking date and so on). Insurance said to me : "We have received 30 000 cancelling letters. Yours was open thuesday on 2 December."

I am an insurance seller (and advisor). In that case I have lost a family of 4 members new contracts. And lot of money.

The law is not clear about the exact deadline moment. Companies say thet "date de livraison " (delivery date) is not similar as "date de réception" (reception date).
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Old 11.03.2009, 16:11
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Re: Letter to cancel health insurance late by one day!

Sorry, error...
November but not October as written...
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  #11  
Old 11.03.2009, 16:31
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Re: Letter to cancel health insurance late by one day!

I guess you need to yell and scream louder

An example if you are giving notice to your landlord to terminate a rental contract. The letter must have either been delivered or must have been available for him to collect at the post office for the termination to be valid. When he actually picks it up or when he actually decides to open the enveloppe is irrelevant.
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Old 11.03.2009, 19:48
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Re: Letter to cancel health insurance late by one day!

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I guess you need to yell and scream louder

An example if you are giving notice to your landlord to terminate a rental contract. The letter must have either been delivered or must have been available for him to collect at the post office for the termination to be valid. When he actually picks it up or when he actually decides to open the enveloppe is irrelevant.
Hello

It would be better for people that the rules are as you say > "The letter must have either been delivered or must have been available for him to collect at the post office for the termination to be valid."

But it' is not the case !

What it is important it's the reception date.

You can check yourself on the web.

I have find lot of information about that on the Net but in french. For example :

A noter : Il est indispensable de bien respecter le délai de préavis car tout retard dans la réception du congé entraîne automatiquement la reconduction du contrat de location et ce, quelque soit la date à laquelle la lettre a été postée. En effet, le congé n’est valablement délivré que lorsque la lettre recommandée a effectivement atteint le locataire.
Autrement dit, si ce dernier est absent le jour du passage du facteur ou s’il ne va pas chercher le courrier à la poste, le congé n’est pas réceptionné. En outre, si la signature sur l’avis de réception est illisible, là encore le congé est nul.
C’est pourquoi, il est fortement conseillé d’envoyer un congé bien avant le délai de six mois précédant la fin du bail, pour avoir le temps si besoin est, de contacter un huissier pour qu'il puisse délivrer le congé. A défaut, le propriétaire risque d'être hors délai et de voir son préavis annulé faute d'avoir respecté le délai légal.
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Old 11.03.2009, 22:20
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Re: Letter to cancel health insurance late by one day!

I am not in agreement with you at all on this point. The ASLOCA on their website say the following:

" Lorsque je dois envoyer mon congé ou demander une baisse de loyer, est-ce la date du cachet postal ou la date de réception de la lettre par le bailleur qui fait foi pour déterminer si je l’ai envoyée à temps ?

Question piège ! C’est toujours la date de la réception par le bailleur qui déterminera si la lettre est parvenue à temps. Donc n’attendez jamais le dernier jour pour envoyer votre courrier recommandé. Attention : les plis recommandés ne sont pas distribués le samedi ; un courrier recommandé envoyé vendredi ne parviendra au plus tôt à son destinataire que le lundi.
Si la date de résiliation porte sur un samedi, un dimanche ou un jour férié, n’oubliez pas que votre courrier doit parvenir au bailleur le vendredi ou le jour précédent le jour férié !
Un truc : si vraiment vous avez attendu le dernier jour, soit envoyez le courrier par exprès (mais renseignez-vous d’abord sur les délais de livraison des PTT ; car de nos jours…la poste n’est plus ce qu’elle était) ou préparez deux exemplaires de votre courrier et foncez chez la régie ou votre propriétaire pour leur donner un exemplaire en main propre. Faites signer un accusé de réception, qui restera en votre possession (par exemple, un double de la lettre). Allez-y accompagné d'une autre personne non membre de votre famille, si vous pensez que la régie ou votre propriétaire refusera la lettre. Cette personne pourra vous servir de témoin, le cas échéant."


So you see, it is the "date de reception", not the date on which they decide to process the letter.



But on the German pages of the Mieterverband they go further stating that it is the date on which the person receiving the letter could reasonably be expected to be in possession of it. So that would mean that if the receiver is absent, they would be deemed to be in possession of it the day after they get the notice in their letter box that it is ready for collection at the post office. It doesn't matter how long they are away for.




"Die Kündigung muss spätestens am letzten Tag vor Beginn der Kündigungsfrist zur vernünftigen Tageszeit (im Geschäftsverkehr zur Geschäftszeit) beim Vermieter eintreffen.

Ausschlaggebend ist also nicht das Datum des Poststempels, sondern der Empfang durch den Vermieter. Ausnahmsweise ist das Datum des Poststempels ausschlaggebend, wenn dies im Mietvertrag entsprechend vereinbart worden ist. Wurde die Kündigung mit eingeschriebenem Brief aufgegeben, gilt sie dann als zugestellt, wenn sie im Zugriffsbereich des Vermieters eingetroffen ist. Kann der Postbote den eingeschriebenen Kündigungsbrief nicht sofort aushändigen, ist folgendes zu beachten: Das Schreiben gilt an dem Tag als zugestellt, an dem es dem Vermieter erstmals zuzumuten gewesen wäre, der Post-Abholungseinladung Folge zu leisten. Das heisst in der Regel der nächste Tag, nachdem die Abholungseinladung in den Briefkasten oder ins Postfach gelegt worden ist. "

However, if a registered letter has been delivered by the post office within the deadline then that is sufficient and the sender cannot be held responsible for the inefficiencies of the receiving party.
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Old 18.11.2009, 13:13
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Re: Letter to cancel health insurance late by one day!

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You not only have to send a cancellation letter, but notify them of your new insurer by sending them your new policy documents. Did you do this?

The good news is that you won't pay double, you will only have to pay the one company.
Does anyone know if this (the new policy documents) also have to be sent to them by November 30? And if so does it have to be 'registered'. This whole registered post business seems to be a great idea for the post office but not so much for anyone else. I mean you could send a registered handkerchief and have proof of delivery of something!
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