Search Q&A
Can one dispute a mise en demeure?
In the unlikely event someone receives a mise en demeure from an home insurance company (where they ask an individual to pay for premiums until the expiry of a contract which the individual refuses to pay), can the customer choose not to pay these premiums by asserting the insurance contract used unfair contract terms and the customer did not have full information at the time of purchasing the insurance?
Would this not be sufficient for the customer to argue the insurance contract is invalid and the mise en demeure is invalid as well ?
If you sign up for an insurance contract, you are obliged to pay the premium. It’s your responsibility to check the terms before you buy. If the insurance company is a well known name, forget trying to claim unfair terms.
If you really believe you have a strong case, talk to them. Otherwise probably better to pay before you start getting hit with court charges. Renew at the end of the year with a different company. Your bank should have a good home insurance policy.
Remember that you actually have to cancel the existing contract, if you don't cancel it in the prescribed manner it will roll over automatically into the next year. The contract will tell you how you can cancel it (probably by registered letter) and how much notice you have to give (and remember that "month" means "full calendar month").
You can't just decide unilaterally one day to stop paying your insurance premiums. You have a contract which presumably you agreed to when you signed up for the insurance and which you need to observe.
As Becasse notes, unless you have given them proper notice of your cancellation then you are still liable for the payments.
If you feel the terms and conditions are unfair, then you need to make a formal complaint. That would start with submitting a complaint to the company itself.
If you need to escalate the complaint, you can try the Ombudsman responsible for the Insurance industry ;
https://www.ombudsman.be/fr/ombudsmans/ombudsman-des-assurances
