Jump to content


  • Tweets

  • Posts

    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
    • The UK-based mining giant Anglo American says it has received a takeover proposal from Australia's BHP.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Help needed - Emergency Holiday Cancellation Claim Rejected


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5997 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Help needed – Emergency Holiday Cancellation Claim Rejected:x

2 days before my husband and I were due to go on holiday, my Mum had a sudden and totally unexpected heart attack. As my Mum is an 81 year old widow and I am her only carer, we had no choice but to cancel.

My Mum has never had a heart attack before, but for the past 15 years or so, she has had angina and hypertension and other unrelated health problems, which she takes regular medication for.

We went to Co-op Travel to cancel, they were very sympathetic, and contacted the Insurance Company on our behalf. A few days later we received the claim form from Europ Assistance which we completed, it included a section for my Mum’s GP to complete regarding her health and medication.

A month or so later we received a letter offering me “their condolences for my recent loss” (although Mum is still very much alive, and has made a good recovery) saying that they would not be able to pay out because the Health Requirements section of your policy clearly states that there is no cover for any claims arising directly or indirectly from a pre-existing medical condition, known to you prior to the commencement of the period of insurance, affecting any close relative, travelling companion who is not insured under this policy or person with whom you intend to stay whilst on your trip”

And It is noted from your documents that at the time the insurance was issued your mother had been taking three cardiac medications. As the medications would be directly or indirectly related to the heart attack which was the cause of cancellation, we are regrettably unable to make any payment on this occasion.”

I feel aggrieved because anyone can have a heart attack young or old, and not everyone who has angina will have a heart attack, and not everyone who has a heart attack has angina.

Please can you advise?

Chrisdol

Link to post
Share on other sites

I can see why the insurers have declined the claim, but I think they make some assumptions that may be unreasonable.

 

It looks like a standard letter that assumes you had enough clinical knowledge of your mothers condition to enable you to make an informed judgement when booking the holiday. This is clearly not the case, and it seems to me to be unreasonable for an insurer to make this assumption. Not only is it unlikely that anyone who is not a doctor or other health professional would have the knowledge, many older people either do not discuss such things fully, or they are poor historians.

 

Write back and ask them to reconsider on the basis that you were not aware that your mother's condition was likely to change.

Link to post
Share on other sites

Have a look at the following links to see if they help from the FOS Website

 

annual travel insurance

 

issue 56 - complaints about travel insurance

 

Log-on to the Website and search (travel claims/cancellation) to see if there are any cases similar to yours. If so you can look at the decision made to see if it is in your favour. In any event, if you are not happy you can complain to the Ombudsman after you have exhausted the complaints procedure with the insurer. Europe Assistance are only a claims handling agency - not the actual insurance company!

Link to post
Share on other sites

Thanks Mooreda,

I read through loads of case studies and found one almost exactly like mine where the Insurer rejected the claim, but the Ombudsman upheld the claim and made them pay up in full. I am going to include it in my letter asking them to reconcider my claim.;)

Thanks once again,

Kindest regards, Chrisdol

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...