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    • If you're set on pursuing the receiver then a complaint to his governing body (if any) might be a sensible low risk first step. You need to confirm what qualifications he actually has. I don't believe an LPA Receiver necessarily needs to be a licensed insolvency practioner, although he may be. Or he may a chartered surveyor. I note you say "LPA" and "fixed charge" receiver, but aren't those two different appointments with different remits? What relevant powers are given in the mortgage terms and security? Or if that's unclear then how was the appointment described to you? Ducking back to the comment I made earlier, you consulted a solicitor who advised a claim against the receiver. How did he advise that you do so?   Some background reading (accepting it's from 2013 and you may be working off more recent preceded overturning this) .. LPA receivers owe very limited duty to borrowers; a reminder WWW.WRIGHTHASSALL.CO.UK As lenders rely more and more on their powers to appoint an LPA Receiver, a recent case has clarified the Receiver’s obligations, both to the lender and its borrower.  
    • Good Law Project are trying to force HMG to release details of how Sunak's hedge fund made large profits from Moderna. Government ordered to disclose Sunak’s hedge fund emails - Good Law Project GOODLAWPROJECT.ORG Good Law Project has won a battle with the Treasury after it tried to suppress emails between Rishi Sunak and the hedge fund he founded.  
    • Nick Wallis has written up the first day of Angela van den Bogerd's evidence to the inquiry. I thought she was awful. She's decided to go with being not bright enough to spot what was happening over Fujitsu altering entries on the Horizon system, rather than covering up important facts. She's there today as well. The First Lady of Flat Earth – Post Office Scandal WWW.POSTOFFICESCANDAL.UK Angela van den Bogerd, on oath once more It is possible that Angela van den Bogerd and her senior colleagues (Rodric Williams, Mark Davies, Susan...  
    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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    • We have finally managed to obtain the transcript of this case.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Legal & General Contents claim rejected


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I was burgled 2 weeks ago, duly informed the police and filled out the claim form which L&G sent.

 

Received a phone call to say that as the burglar had gained entry by a window, I had contravened the minimum security standards and the claim was not going to be settled.

 

Looking at my policy, I did tell them in the proposal that I had window locks. On the night in question I was in bed asleep and although the window was closed, the lock was not on (I put them on when I go to work or go away).

 

The original upset an hassle of the burglary has paled in significance compaed to the stress and upset as a result of L&G's dealing with the matter.

 

Do I have recourse?

 

Any advice would be much appreciated

 

Thanks

:confused:

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It will depend on two things. What is the actual wording of the security clause?

 

The second thing will depend on the wording and the actual circumstances. If the lock on the window would not have prevented the incident (for example if the window was smashed), then it would be irrelevant.

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endorsement on policy states "minimum security standards" - the actual clause says that windows (easily reached) should have key operated window locks.

 

The burglar got in through the window.....it was closed but the lock wasn;t on.....I was in bed asleep. There si nothing to state when the locks should be used i.e. at all times, when the hosue is empty etc etc

 

Thanks again

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I think it can be assumed that the locks should be used, otherwise there is no point in having the locks anyway. Usually, a policy will state when the windows need to be locked, as you have pointed out.

 

I think any complaint you have will rely on the reasonableness of the clause, or challenge the wording in that it did not specify when the locks should be on (it is reasonable to suppose that they are only locked when unoccupied, but that is debateable).

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Hello, I have had a look at the policy booklet and understand from the Minimum Standards of Security, that "other than for windows in occupied bedrooms, the security devices fitted to the home are put effectively into operation immediately before you or your domestic employees retire for the night. The Minimum standards of security for doors and windows:-

 

All accessible windows less than 2ft in height/width, (for wooden windows), must be a Window lock with a removable key, or a locking handle with a removable key, or a rim or mortice security bolt with a removable key, or a multi point locking system with a removable key.

You need to carefully look at the wording and key to see if you fall foul of the policy exclusion because of not having complied with the policy.

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  • 2 weeks later...

Hi

 

Thanks for your post. I took my policy out via Swinton. At no time have I received a policybooklet or anything which expands on the policy wording. Also, the Financial Services Ombudsmen states that the mere fact that it is in the policy and that policyholders are notified (which I wasn't) of the scurity policy, is not sufficient. Have written to L&G today and will see what they come up with, with baited breath!!!!

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