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Basically to cut a long story short, i was dealing with an insurance company which refused to pay out my claim even though i have followed all the contract procedures.I have managed to get a ccj against the company by default as they did not attend the initial hearing, i have been in contact with them in regards to paying up however they are refusing now.Their claim for defense is that i do not owe the company any money and that it is a dispute in terms of a claim refusal?? and i should take the underwriters to court rather than them becuase they dont deal with insurance payout, the underwriter does.I know the underwriters payout the claim but my insurance contract is written by them ?? any advice on that point.They said they will make an appeal against the courts decision its been 3 weeks since the verdict and 2 months since the proceedings started in court.what can i expect it is going in a small claims court, if an appeal happens.Best regards: Lee

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Hi Lee,

 

Unfortunately it looks like we need the long story. From what I can read you have had a claim denied. You issued a claim in the Small Claims Court against your Broker, they did not acknowledge, so you obtained a judgement by default.

 

If this is the case then it looks like you need to read all documentation sent to you. If the documentation is signed by the Insurance Company then they are correct, and you will need to file an amendment at court. However, if this company you have sued has their name on the documents then you are right.

 

The best way I can explain this is for example Santader - they were underwritten by Aviva, but you would issue against Santander, as they had their name on the documents.

 

However, if you issued against confused.com & they are saying sue Admiral then they are right

 

Let me know which one

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Your policy is with whichever company is noted on the front of the policy document. They may have used an Insurance underwriter to cover the risk and to deal with claims, but they still have responsibility to assist you with any problems/complaints. You may have jumped the gun getting the CCJ and I suspect that they will just apply to set that aside. If the set aside is accepted. i.e the underwriter is the correct party to have been sued, then you will have start the process again.Suggest that you start an offical complaint with the company that sold you the policy, as well as the underwriter. You can't use the FOS, if you have started any court proceedings.

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Hi Lee,

 

Unfortunately it looks like we need the long story. From what I can read you have had a claim denied. You issued a claim in the Small Claims Court against your Broker, they did not acknowledge, so you obtained a judgement by default.

 

If this is the case then it looks like you need to read all documentation sent to you. If the documentation is signed by the Insurance Company then they are correct, and you will need to file an amendment at court. However, if this company you have sued has their name on the documents then you are right.

 

The best way I can explain this is for example Santader - they were underwritten by Aviva, but you would issue against Santander, as they had their name on the documents.

 

However, if you issued against confused.com & they are saying sue Admiral then they are right

 

Let me know which one

 

Thanks for your reply. The ccj was not issued against the broker, it has been issued against the company which claims they are covering my policy. The broker was another company. However this insurance company is trying to escape the hook by stating i do not owe the company a debt (which is true), my ccj was issued agaisnt them for claims of damages to my business and the theft of my trailer, as they stated they would cover me incase of theft or damage. Sheduled on the 22nd at 14:00, i read there appeal form looks like they most likely wont show up to the hearing as they state " they dont have a representative in the area" Its funny how they can easly take your money and when it commes to forfilling their obligations they start acting negligent. I have tried to solve this situation since march 2011. They keep telling me to follow their complaints procedure, i have been to citizens advice and solicitors regarding this matter.

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