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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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Insurance Claim Problem - Major HELP Needed!!


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Hi there,

 

I have a serious problem with a current claim. I run a print shop and two large format printers. When i got my business insurance i made it very very clear on the phone the exact make, model, serial numbers of the printers, as well as exactly what they are used for and exactly what we are as a business. They verbally assured me that this was all fine and can be covered. So great.

 

I got through the paperwork, which says business type 'print shop' on it and i got x amount of cover for electrical equipment and machinery, full breakdown, accidental damage etc.

 

Sadly a few months later one of my machines break down quite badly and after a lot of time and even more money trying to fix, we opt for insurance.

 

However insurance turn around and say, Sorry your not covered, we dont cover trade equipment or manufacturing equipment such as your printers.

 

WTF??, I made it very clear exactly what machines i was using and they said it was covered.

 

My fault in this matter is that after explaining in great detail all about the machines, i assumed they where covered, so when i got through my paperwork, i did read it, but it turns out a missed a tiny one liner about NOT covering machinery and trade equipment on this policy (which is the exact opposite of what i asked for).

 

It turns out that despite my long explanation of what i needed, they gave me completely incorrect and useless cover, but because i didnt spot their mistake and raise a point before making a claim, they can not apparantly deny my claim.

 

We both made mistaked, i was too trusting and didnt check properly, but they actually gave me different cover to what i asked for!

 

Also, if i clearly have a 'Print Shop' policy, how can they sit there i think im not doing any printing??

 

If anyone could help me i would be greatly appreciative,

 

Cheers

 

Marcus

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You need to probe the sales process, by making a subject access request (SAR)under Data Protection to the Insurer/broker that dealt with your original quote/new policy enquiry. Find out the head office address and send the SAR request for the attention of their Compliance/Data protection manager with a £10 cheque (max charge). Ask for a copy of all records held and copies on a CD of any recorded phone calls particularly those related to the sale of the policy.

 

When you receive the information, have a look at the ICOBS rules on the following link and then make a complaint in writing using the Insurers/Brokers complaints procedure.

 

http://fsahandbook.info/FSA/html/handbook/ICOBS/5

 

When an Insurer/broker takes a phone call or face to face enquiry they are supposed to find out what your requiremenst are, ask various questions to obtain all the information they need and then to select the appropriate product/cover that is suitable for your needs.

We could do with some help from you.

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As above get a SAR done so you can find out what they have down for when you took out the policy.

When your talking about thje small print, are we talking small print, page 37 section c item ii ? or on the key facts/statement of insurance or schedule where it asks you to check your cover?

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I think they wanted cover for business interuption caused by breakdown of the printers, they assumed this was included in the premium and did not read their policy documents. This is why they need to see what was actually said, as it could just be a misunderstanding. If the OP did not state exactly what they required or did not understand the options being discussed, they might find this difficult to pursue.

 

It is possible that the particular policy being offered could not be extended to provide the cover the OP was looking for, so was never discussed. There was just a presumption made about the scope of cover and this was never clarified.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Hi there,

 

Thanks both of you for your very useful replies. We are more than happy to take matters further and have already been talking about legal proceedings and have already been talking to a solicitor. Making the SAR request for the phone recordings and any other information would be very useful, as i 100% know that i did go into great detail on the phone about what i needed, and they do say that they record all phone calls.

 

The section that i missed wasn't in the small print, it was in the main section (that is my mistake). I did make it clear that i have manufacturing equipment that i want to cover and this section is simply incorrect, but i assumed it would be correct, as i saw that i did have cover for X amount of elexctrical equipment and machinery.

 

It is like after explaining i have two printers, they just ticked a box for a computer or something and called it a day thinking that would be ok. This was not even the first time we had insured large format printing machines with them, it was actually our second policy with them insuring these kind of machines, and there is absolutely no way they can say they didn't know we where trying to insure printers. But evidence speaks louder than words, and thats why we need the SAR and any documentation it brings.

 

Thanks Again,

 

Marcus

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