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    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
    • I've had a quick (well, quick for a thread of this length),  read of this thread and to be honest I'm struggling to make heads nor tails of the actual crux of the issue here. You seem awfully convinced that whatever is going on is worth the fight and the odds are in your favour but with how the thread has gone it seems that one trail goes cold so you simply move on to another in an attempt to delay the inevitable. All it does is end up digging holes and confusing others and yourself which means any advice given to you is completely pointless. I note that for the life of this thread there has not been any documentation or correspondence uploaded for people to have a look. Have you got any that you'd be willing to redact and upload for members to assist you? Right now, it seems people are shooting out advice while being in the dark because it's starting to become very difficult for people who weren't here at the start of this (including myself) to follow along. Right now, this whole thread is just hypothetical "He said, she said" and is going nowhere fast. Nothing more than basic advice can be given which, as you've sought out some legal advice, is likely not sufficient to actually come to any sort of conclusion. I, personally, am starting to agree with others that it may be best to consider bankruptcy and put the matter behind you.  
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      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.
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buildings and contents insurance cancelled


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Hi all site is great and comes highly recommended by my work mates

 

My sister has a dilemma and is looking for some urgent help.:confused:

 

She took out a new home and contents insurance policy with esure in Oct 2008 as she was under a lot of stress at the time divorce / loss of job etc failed to mention 2 previous claims some 3 years ago. when the documentation came in the post automatically signed them and sent them back.

 

(To cut a long story short) She than had a pipe burst during the cold spell notified the insurance company of the burst pipe and registered a claim. damaged flooring / furniture / wall

 

After previous discussions with the company trying to clarify the situation

thay have finally come back and said that thay are cancelling the policy due to non disclosure of previous claims/ thay have returned the amount paid into the policy.

 

Can they do this and is this common practice

 

what does she do now to get home and contents insurance .

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They can do, yes, BUT (at least this used to be the case)...

 

1. They would have to show that they would not have taken on the policy had they known of the claims OR

 

2. They have reasonable belief that there was fraudulent misrepresentation (that your sister deliberately withheld such info).

 

If neither is true, then best practice would be to require a premium increase (the amount they would charge you had they known of the past claims). I would write to them and ask for their specific reason, as well as checking the policy documentation, but I suspect what I said in 1 is the reason.

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thanks for the information

 

what does she have to do now.

Will she be refused insurance for the non disclosure

or will it be a case of paying higher premiums

 

will she struggle to find insurance cover.:evil::?

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Some insurers have limits on how many claims in x years they accept. I'm not too sure what they are, but there will be a few that will not accept more than 2 in three years. Obtaining insurance may be a bit more difficult but not impossible.

 

I assume this is innocent non-disclosure (i.e, your sister forgot and did not deliberately omit the info). As such, it should not be a problem in the future. You do need to mention this to future insurers.

 

Premiums will be higher with claims. how much depends on the insurer - it's a case of phoning round and getting quotes.

 

In terms of the insurer she was with, she could ask if the policy can be reinstated if she pays higher premiums, but I would think their actions suggest they will not.

 

Also bare in mind that your sister will not be able to claim for this damage with any other insurer.

 

It may be worth asking the insurer for a written explanation (if not already received) and if you think what they have done is wrong (i.e, against their own policy and T&Cs - say, for example, they accept 5 claims in 3 years), then it may be worth a complaint to them and then to the FOS. It is a long shot though.

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  • 2 weeks later...

I assume this is innocent non-disclosure (i.e, your sister forgot and did not deliberately omit the info). As such, it should not be a problem in the future. You do need to mention this to future insurers.

 

Will she not fall faoul of the question "Have you ever had an insurance refused?

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I used to ask the reason and make a decision from there. If it was something "correctable", such as non-disclosure which has subsequently been disclosed, then I would accept subject to normal terms. However, I think I was the only person in the company with common sense.

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We have been looking for new contents and buildings insurance over the last couple of days on t'internet.

 

Every one of them has a drop down menu saying when did you last make a claim and it shows 1, 2, 3, years etc.

 

I feel that insurance companies go out of their way not to pay out on a claim.

 

HH

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We have been looking for new contents and buildings insurance over the last couple of days on t'internet.

 

Every one of them has a drop down menu saying when did you last make a claim and it shows 1, 2, 3, years etc.

 

I feel that insurance companies go out of their way not to pay out on a claim.

 

HH

 

If you make a claim,why not keep a record of the date it was settled? That way, you won't forget about it when you go searching for quotes.

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