Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Home Insurance Claim

    Hi All,

    I've just had to lodge a claim with my home insurers (first ever) for damage to my living room carpet and one of the armchairs because my darling 7 year old daughter decided to try and do her nails in deifferent colours and spilled nail varnish on the carpet and one of the armchairs.

    Speaking to the insurers today, they have stated that they will have to treat the armchair as an individual item, even though it is part of a matching set.

    The armchair is (in my opinion) beyond repair, the suite is no longer in production so we cannot get hold of another armchair. Should we be able to claim for the cost of a whole new suite or can I only accept a sum equivalent to the value of the armchair?

    Thanks in Advance


  2. #2
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    Default Re: Home Insurance Claim

    The technical term for what you have been told is BOLLOX.

    The whole point of having insurance is to put you back in the position you were in prior to the loss/accident, so if it is not possible just to get a replacement chair then the whole suite has to be replaced.

    It's a bit like if you break/damage part of your bathroom suite and it is no longer available, then the whole lot gets replaced (even the non damaged items).

    If you have a new for old policy then it's a simple claim, a whole new suite. If you don't have new for old then it's the value of the suite less an agreed figure for bettermenticon.

    If they try and fob you off with anything else post back, Gyzmo's pretty good at these kind of claims so I'm sure he'll give you some sound advice

    Mossy


  3. #3
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    Wink Re: Home Insurance Claim

    The contents policy will probably have a 'Pairs, Sets and Suites Clause' to clarify this issue.

    Have a look at their policy wording. Who is the Insurer and what is the name of the policy type?

    H


  4. #4
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    Default Re: Home Insurance Claim

    Oh isn't Mossy a little gem! I'm blushing now!

    I understand that the fosicon take each case on merits, though generally go along these lines:

    Small matters. For example, a few tiles damaged. the insurer will not be expected to replace the whole lot

    Usually, the insurer is expected to pay for the damaged item and to contributeicon 50% towards everything else, unless....

    the matching is intrinsic to the value of the items, in which case the insurer is expected to pay for the whole lot.

    I cannot remember whether it will be 50% or the whole amount in cases like this. I think it is the cost of a full replacement, but I would contact the FOS for advice. Though their advice is not binding and should not be used as an indicator of how they would judge a complaint, they are usually on the ball with these matters.

    Ps - I think Mossy is better than I am on these matters, but there you go!



  5. #5
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    Default Re: Home Insurance Claim

    Quote Originally Posted by Mossycat View Post
    The technical term for what you have been told is BOLLOX.

    The whole point of having insurance is to put you back in the position you were in prior to the loss/accident, so if it is not possible just to get a replacement chair then the whole suite has to be replaced.

    It's a bit like if you break/damage part of your bathroom suite and it is no longer available, then the whole lot gets replaced (even the non damaged items).

    If you have a new for old policy then it's a simple claim, a whole new suite. If you don't have new for old then it's the value of the suite less an agreed figure for bettermenticon.

    If they try and fob you off with anything else post back, Gyzmo's pretty good at these kind of claims so I'm sure he'll give you some sound advice

    Mossy
    It all depends on the policy wording though. Some insurers do have a clause which says that they won't pay the cost of replacing undamaged items that are part of a set, even when replacements cannot be matched.

    For example, this is what it says in the Norwich Union household policy wording (the same is true of many home insuranceicon policies underwritten by the Aviva group):

    Pairs, sets and suites
    We will not pay for the cost of replacing
    any undamaged items which form part of:
    • a set (other than a pair);
    • a suite; or
    • any other item of a uniform nature,
    design or colour, including carpets;
    when damage happens to a specific part or
    within a clearly identifiable area and
    replacements cannot be matched.


    I'm not saying I agree with it, I'm just quoting what the policy wording says, and I'd imagine there is a clause like this in the OP's policy.

    As it's set out in the policy wording, it might be harder to challenge as it could be argued that you should've checked this when choosing a policy or during the 14-day cooling off period.

    However, if egbb wants to challenge the clause, then I think the best argument would be what Mossycat has already said, ie that the clause means the customer is not being put back into the same position as they were in prior to the accident.

    When a section of a policy doesn't seem compliant with the principles of treating customers fairly, I agree it should be challenged.


  6. #6
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    Default Re: Home Insurance Claim

    Thanks LemonTwist, my specialist area is motor claims, it's been about 20 years since I did household claims, so I guess things have changed a bit with certain companies

    Mossy


  7. #7
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    Default Re: Home Insurance Claim

    The insurance market seems to be made to move away from this matching sets business not being replaced. As I said, before, there are various times when, even despite policy wording, the fosicon will require an insurer to pay for matching items.

    The same seems to be applicable for motor as well. I have dealt with an alloy wheels claim whereby 2 alloys no longer in production were damaged. The claimant sought the cost of 4 new alloys as opposed to what the engineer offered - the cost to replace 2 alloys. The FOS agreed that we had to pay for the 4 alloys.



  8. #8
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    Default Re: Home Insurance Claim

    Quote Originally Posted by gyzmo View Post
    The same seems to be applicable for motor as well. I have dealt with an alloy wheels claim whereby 2 alloys no longer in production were damaged. The claimant sought the cost of 4 new alloys as opposed to what the engineer offered - the cost to replace 2 alloys. The fosicon agreed that we had to pay for the 4 alloys.
    That's what I would have expected, ie to replace all 4 since the insured had 4 matching alloys before the incident. I can't see how the same won't apply to household policies despite policy wording since the underlying principle of insurance is to put the policyholder back in the position they were in before the loss/damage.

    I'd argue it out if they don't replace the entire suite

    Mossy


  9. #9
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    Default Re: Home Insurance Claim

    Thanks Guiys, the insurance is with tesco, can't find the policy documents at the moment as we're in the middle of completely re-decorating the house, I'll have a look online and see if I can find any reference to their documentation.


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    Default Re: Home Insurance Claim

    It would seem that the policy doesn't cover the whole suite:

    F Basis of Settling Claims
    1 For any one item of Contents or part of a set or suite that is lost or damaged,We will decide to either:
    a) pay the cost of replacing the item or part as new; or
    b) replace the item or part as new; or
    c) pay the cost of repairing the item or part; or
    d) make a cash payment which will not be more than the amount it would have cost Us to replace or repair the item using Our own suppliers.
    We will not pay for the cost of replacing or repair to any undamaged items solely because they form part of a set, suite, group or collection or items of a uniform design, nature or colour.


  11. #11
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    Default Re: Home Insurance Claim

    I've just had a bizarre telephone callicon from Tesco, they want to call me back on Tuesday for a 20 minute telephone interview to validate my claim!!

    What's that all about? I've given them all the details, I was expecting a loss adjuster to come out or don't they do that anymore?


  12. #12
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    Default Re: Home Insurance Claim

    That's pretty normal - don't worry. All they are doing is checking you are not telling porky pies. Be honest about it all and do not lie - the following explains - it is a copy from the fosicon bulletins and case studies.

    About half way down - ther are case studies on matching sets. The top one of these involves potential fraud.
    household disasters - October



    The following link contains two case studies (the top two) relating to matching replacements.
    complaints involving household contents insurance



  13. #13
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    Default Re: Home Insurance Claim

    Thanks Gyzmo, I'm not worried about it just confused as to the need for an interview. No need to lie about anything as it's a completely legitimate claim, the first I've ever had to make in 10 years of home ownership.


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    Default Re: Home Insurance Claim

    Hi Egbb, A loss adjuster may have been appointed to deal with your claim but they will access whether it is worth visiting the property or carrying out a telephone interview. Did a restoration company, such as Chemdry, Rainbow or Munters, attend your property to inspect the damage?


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    Default Re: Home Insurance Claim

    OK, did the whole telephone interview with them, they now want me to provide a written statement (paperwork took 3 days to arrive) and also provide them with photographic evidence of my claim, only then will they consider furthering my claim by sendiung someone out. My digital camera is broken so I will now have to go out buy some film and pay for the processing of the film before I can send pictures of the damage to them.

    This will result in me being out of pocket, will they pay those additional out of pocket expenses? or should I just ask that they send someone out to inspect the damage and take their own photos?


  16. #16
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    Default Re: Home Insurance Claim

    Tell them you don't have a camera, give them the option of sending you one or sending someone out with a camera, if you have already filled in a claim form tell them that says it all, you have nothing further to add, but if they put specific questions in writing to you then you will answer them.

    Mossy


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    Default Re: Home Insurance Claim

    Quote Originally Posted by egbb View Post
    I've just had a bizarre telephone callicon from Tesco, they want to call me back on Tuesday for a 20 minute telephone interview to validate my claim!!

    What's that all about? I've given them all the details, I was expecting a loss adjuster to come out or don't they do that anymore?
    TTHE INSURANCE COMPANY IM WITH IS DOING THE SAME TO ME AFTER HAVING WATER DAMAGE TO BOTH MY ARMCHAIRS THEY ARE REFUSSING TO PAY FOR THE SET BUT I GOT THE FOM NUMBER I DEFFO GETTING ON TO THEM SO SHOULD U


  18. #18
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    Default Re: Home Insurance Claim

    Whoa!
    a. Start your own thread
    b. Read what has been said already about matching items, particularly the links I posted which are from the fosicon.
    c. Post your replies on the own thread you started from a.



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    Default Re: Home Insurance Claim

    Quote Originally Posted by egbb View Post
    OK, did the whole telephone interview with them, they now want me to provide a written statement (paperwork took 3 days to arrive) and also provide them with photographic evidence of my claim, only then will they consider furthering my claim by sendiung someone out. My digital camera is broken so I will now have to go out buy some film and pay for the processing of the film before I can send pictures of the damage to them.

    This will result in me being out of pocket, will they pay those additional out of pocket expenses? or should I just ask that they send someone out to inspect the damage and take their own photos?
    Unfortunately some policies stipulate that you are responsible for incurring the cost of reports and evidence for your claim...check your policy.

    As MossyCat said, tell them you don't have a camera...


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    Default Re: Home Insurance Claim

    Ok guys, the carpet will be cleaned on Monday, however the assessor states that the armchair is no repairable. Tesco have been on to me today stating that they will only issue a cheque in the name of a store of my choice to purchase a new chair. The chair is part of an expensive set if I get a new chair it will look daft sat next to older stuff. I don't have the money to put the extra to buy a new suite, the only way I can do it is for them to issue the cheque to me and then save up the extra to buy a new suite.

    They are refusing to do this, stating that they will only issue a cheque to me after I've bought the furniture. Can they do this???? Help would be much appreciated.



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