Craig Walton where are you?

[Jaynekul]

I knew I could catch your eye & value your opinion on these matters. Got stuck in the snow outside your neck of the woods today only just got home!
Briefly, husband made redundant 10th aug. took Hamilton until Dec to make all the enquiries and finally had a letter saying claim accepted. When no cheque arrived rang said as husband no longer unemployed needed ABI1 from DSS to confirm date ceased claiming. Had to take time off work to go to DSS got form faxed it through. told cheque on way now recd a letter sorry cant pay not claiming benefit for more than 60 days! Checked schedule no such clause. sent complaint off to FSO but that will take forever. Im tempted this weekend to issue moneyclaim online to include interest.
What are your thoughts on me doing this? As you know I do PI claims for a living so well versed in Court Procedure just dont know if have to wait for the FSO in the meantime. If not Im there tomm Im sick of these idiots

[craigwalton]

Weather was fun!! Especially driving over Woodhead!!!!

Regarding your predicament

You dont have to wait for the FOS.

You are more than welcome to make the claim through the FOS and through the courts. The only thing I would be worried about is if the judge claimed that you have not given them enough time to sort it out (however, I doubt it will go that far).

Goes without saying keep the letters accepting liability...

Have you asked them whether the 60 days exclusion is an express or an implied exclusion??

[Jaynekul]

I havent asked them to clarify it no I was just so angry when I got this letter saying "now we have got your ABI1 you didnt claim benefit for a continous 60 day period so we are unable to help you further YF". Checked the policy document and there is no such clause. It doesnt refer to any minimum requirement just a 30 day waiting period initially. I will ask them this today
Thanks as ever for your help
Just off topic why do you think they do this? Do you think they hope the majority of people will just accept their decision?

[craigwalton]

Few reasons

Firstly - the mentality of "If in doubt, kick the claim out" However, this is changing with the FSA's directove on Treating Customers Fairly

Secondly, and I think this is more likely in your case - the Insurance Companies are changing their policy so often (didn't use to do as they could interpret the policy under best practice - now any ambigouty goes in the favour of the policyholder) that the advisors are struggling to know what exclusions are in force.

Good luck

[Jaynekul]

Thanks Craig Ive sent the fax about the exclusion. I fail to see how they can rely on an exclusion that simply isnt in the policy document