Assurance Company give false info... leaves us with an underpaid Funeral

[damo1312]

Hi all

Have looked elsewhere on Insurance forum, but can't seem to find any reference to this.

My mum passed away (in a very distressing manner, in front of me) in January 2005.

Since then, I have been against the wall, fighting (and winning!) with both my own charges, and administering her Estate as best I can.

So we come to AXA Sun Life...

I put in a claim (signed by myself and my four siblings) against her Policy when she passed.

When I rang up to confirm how much was due to be paid up, the lady on the phone stated "£3000, give or take a few pounds". I had a feeling that my mother had loans with them against this, so I specifically asked the woman at the same time, if there were any loans showing as outstanding against the Account, she replied that there were not, and confirmed that £3000 was due to be paid out, after I asked her again.

When the payout was finally made...

only £1200 was paid out, after loans (which I had been assured where not due) had been paid out...

leaving us with a £1000 shortfall for the funeral.

I went to the FSO... but they were more interested in condoning AXA's actions, rather than making them agree to what they had stated (apparently, the FSO only bring things back to 'what they should be', in their opinion, even if you have been misled and acted upon such false information in good faith).

What would people suggest? I have heard (from somewhere) that there is a 3 year time limit for taking these kinds of situations to Court... now that I finally have the time to pursue this (slowly creeping away from the barrage, back no longer against the wall as it where) what would anyone suggest? We would be talking compensation here (for false information) I am assuming, as the figure paid is technically correct (even though I was misled as to the actual figure)?

I am assuming that, whatever action I take, a S.A.R is a good starting point?

One final point... although I have acted as an Administrator, there are no Letters of Probate as such (the Estate was small and negative, and I basically had to send proof to my mother's ex-credtiors that they had to disappear as there was no money and no-one else was liable -which they did; I was informed that in such circumstances, formal paperwork is unnecessary). Would I need some form of formal recognition (i.e. obtain Letters of Probate, Administration or whatever) to take any action, and is it too late to acquire this?

Thanks for any suggestions

Damo

[damo1312]

bump...

could anyone make any suggestions here please?

Thanks

[damo1312]

soz to be a pain...

it's a bit of an unusual one, but hfully there is some1 out there who might have an idea....

[damo1312]

soz to keep bumping, anyone have any ideas at all?

[demon_x_slash]

Sorry damo - I'd love to be able to help you out but it's not my area. Keep bumping. Have you tried PMing anyone on this particular insurance forum who seems to have some insurance experience?

[Bookworm]

Can't help you with the letters of probate at all, sorry.

A Subject Access Request is a good idea if you want to make sure the sums add up, etc... But to be totally honest, I doubt that you'll get very far on the other issue, because:
1) You were only ever told on the phone about the 3k, and it is unlikely the phone records will still be around, so it would be your word against the employee's, and the odds are that the final conclusion without written proof is that you misunderstood.

2) Even if you were able to substantiate what the employee actually told you, if the policy was paid out correctly, the insurance company might apologise "sincerely", blame human error, and that would be it, I doubt very much they'd then shell out enough compensation to make it wrth your while.

Still, it's only £10, so may well be worth doing the Subject Access Request anyway, but I just wouldn't pin too many hopes on the result, that's all.

[damo1312]

Thanks guys...

will do the DSAR and see what occurs, but I must admit I am wondering myself..

no pain no gain, as they say, so will try regardless methinks.

I think they knew this in the first instance, which is probably why they thought they could say anything (basically make things up, as they have) and get away with it.

At the end of the day, if I get nowhere I am in no different a position than I am now, so I have nowt to lose...

They may ultimately get away with it, but not without being dragged thru the mud up to their necks on the way there...

Thanks for the input

Damo