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.

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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.

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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)


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  1. #1
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    Karnevil

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    Default BABYASH - Insurance wont pay

    BABYASH
    I have had HSBCicon household insuranceicon for about 6 yearsicon. Went to Spain 3 years ago and asked exhusband to move into my flat as didnt want to leave it empty. Informed insurance and they asked if i would like ex-husbands name to be added to insurance, i said yes.He moved out 2 years ago and havn't seen him since. I was mugged last january and insurance will not pay up as they want ex husband to sign mandate form but ex husband is not willing to do this as he said he never signed anything in the first place. Just don't know what I can do.

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  2. #2
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    mooreda Novitiate

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    Default Re: BABYASH - Insurance wont pay

    i used to work in the claims department for a leading insurance company and can't understand why this issue with your ex-husband should cause any problems - phone them up and make a complaint and tell them the situation and that they're being unreasonable - they have to deal with the complaint in accordance with it's complaints procedure and that set down by the FSA so you should get a written response. If you are still unhappy complain to the Ombudsmanicon. Who's the insurer?


  3. #3
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    Default Re: BABYASH - Insurance wont pay

    Right.

    This should have been sorted out by the Insurance Company at first call.

    Ask them for a form of discharge - If they play dumb it is a letter which means the Insurance Company can pay the cheque in your name only, and you take all responsibility for distributing the funds to the correct people. However, if your ex husband complains (as he has a legal right to the money) then the insurance company are absolved from any liability, and he has to go direct to you - if he complains in court you will have to pay him 1/2.

    Let me know if there are any problems

    Abbey - owed £3260 - Paid up.

    Barclays owed £2500 - Paid up.

    Halifax, Mint & Egg - next on the hit list

    Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

  4. #4
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    Nelly75 Novitiate

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    Default Re: BABYASH - Insurance wont pay

    This sounds like some poorly trained and poorly paid insurance claims handler not doing it properly cause they don't know better or can't be bothered.

    An official complaint to the complaints dept should see it resolved pronto


  5. #5
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    babyash Novitiate

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    Default Re: BABYASH - Insurance wont pay

    Many thanks for all your replies, I didn't even know that karnevil had posted this here until now, I came across it by chance.
    The whole situation really got me down and I wish
    I had seen this before as there was nothing I personally could do anymore so it is now in the hands of a solicitor.
    The original insurers were Norwich Union, (through HSBCicon) and then it went onto Crawfords in Birmingham, they are the ones who have been giving me all the problems. While you are here, they will not pay me for my LV bag because it was fake or the camera in my bag as it was my sisters, even though I had to replace the camera.
    I still want to make a complaint and any suggestions would be grately appreciated.

    babyash

    I am happy to give you the phone number and name of idiot dealing with my case but perhaps its too late now.
    many many thanks


  6. #6
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    xrchris Novitiate

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    Default Re: BABYASH - Insurance wont pay

    While i sympathise with you and agree that your case has been handled in an inexcusably poor fashion i can understand why the insurer would not pay for the counterfeit LV bag.


  7. #7
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    Default Re: BABYASH - Insurance wont pay

    Hi xrchris,
    yes that is about the only aspect of this case that I aslo agree with, everything else is ****e!

    babyxoxox


  8. #8
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    Default Re: BABYASH - Insurance wont pay

    may I also just say that this case has been on going for over 1 year now and has cost me quite a bit in correspondence, ie phone callsicon, emails, (driving to internet cafe when no pc), etc which they never replied to, that is why I couldn't deal with it anymore. It was getting me down.

    babyashxoxox


  9. #9
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    xrchris Novitiate

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    Default Re: BABYASH - Insurance wont pay

    A YEAR!!!

    That is utterly ridiculous.

    It doesnt surprise me to hear that Crawfords are the ones (not)dealing with this as i have heard several horror stories in the past about them.

    You ask about making a complaint (you certainly have a valid reason) but you also stated that you had instructed solicitors. If this is the case then I would suggest you speak to the solicitor you have instructed before you do anything as you do not wish to prejudice your position in any way.


  10. #10
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    Default Re: BABYASH - Insurance wont pay

    Ok Chris many thanks. I only wish I had known this had been posted by karnevil but i am on benefits so will not have to pay until insurance pay up, but I myself would still like to complain and have Westminster Victims Support on my side, plus police. What can I do please?

    babyashxoxox


  11. #11
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    Default Re: BABYASH - Insurance wont pay

    With you appointing solicitors, you need to contact them with the grievences, and request for compensation.

    The solicitors will have sent a letter of authority requesting they do not liase with you, so if you complain they will go to the solicitors.

    Agree with the declinature of the fake handbag, and your sister needs to claim for the camera on her own insurance.

    How long have the sols been involved????

    Honestly, they just need to send a letter to the Insurers asking for a form of discharge. It is a standard letter!!! I am totally at a loss how this has not been resolved?!!!

    Abbey - owed £3260 - Paid up.

    Barclays owed £2500 - Paid up.

    Halifax, Mint & Egg - next on the hit list

    Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

  12. #12
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    Default Re: BABYASH - Insurance wont pay

    Hi Craig,
    the solicitors have been involved 2 weeks now I am just going to see what the draft letter says brb


  13. #13
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    Default Re: BABYASH - Insurance wont pay

    This is why I wanted to deal with it here because everyone is so up on all that is going on, more than my solicitor.
    No looking at the letter here there is no mention asking the insurance company to send a from of discharge.

    Last Pharagraph:

    Our client is keen to resolve this matter as quickly as possible> Given the current set of circumstances we would be grateful if there is any way in which you could process our clients claim without the need of a signed mandate or decree nisi.

    babyxoxox


  14. #14
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    Default Re: BABYASH - Insurance wont pay

    Is there anything I can do now that I have handed this case over to my solicitor? I spoke to her today and she had never heard of a form of discharge. She also had received a reply from Crawfords where they say that I had never informed them that i was in fact married and that i refered to my ex as partner, which i never do, those are not my words and when I looked over the my statement that they had attached it clearly says my ex-husband. they say there is the information I have given them conflicts with the evidence my solicitor has written but it doesn't. It is there in black and white. My solicitor says it will be very difficult to claim any compensation and even though I have provided them with a photo with sunglasses on my head they will not accept this, they want more clear picture. I am really at my wits end as what to do. I have already given up on trying to claim my charges back as it has become too draining and i am almost about to give up on this one too. Any advice would be grately received.
    Many thanks
    babyashxoxox


  15. #15
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    Default Re: BABYASH - Insurance wont pay

    Also Crawfords say this was a joint policy but it wasn't. When I went to Spain I asked my ex-husband to move in and keep an eye on the place, I called HSBCicon to inform them of this and they were the ones who said shall we add your ex-husband to the policy and I said yes that is a good idea. He has NEVER signed anything.


  16. #16
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    Default Re: BABYASH - Insurance wont pay

    This all sounds ridiculous Babyash. Sorry to hear you are getting seriously messed about.

    The policy was obviously in joint names and you never changed it. If you were living at the property at the time and your ex is long gone then you should have taken his name off the policy. However you never knew that and anyone who isn't up on insurance wouldn't. Because you are still joint policyholders this is why they are looking for this mandate. All you should have to do is to explain that you forgot to take him off the policy, and as for signing the mandate you tell them the truth - you don't know where he is now to make him sign the mandate.

    This all has nothing to do with the actual loss so they are not allowed to knock your claim back. It does sound as if they are making this extremely difficult for you in the hope that you'll drop it and go away. I know I don't need to tell you this but do not back down.

    You need to stop dealing with Crawfords and actually get onto your insurance company. Simply don't deal with them any more! Make an official complaint in writing to them (info on how to do it will be in your insurance documentation)

    I'm afraid that it doesn't sound as if your solicitor is doing a grand job here either.


  17. #17
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    Default Re: BABYASH - Insurance wont pay

    Nelly,
    I just want to say a few things.
    No 1. As you can see from my previous posts and even b4 that letter came I have always refered to my ex as my ex-husband and that is what is on my statement.
    No 2. It wasn't in joint names, I added his name when I left for Spain.
    No 3. Nowhere is there any signatureicon from him
    No.4 I have a stack of mail here that I am willing to take to my solicitor and open in front of her because I generelly do not know where he is.
    No 5.Crawfords said that they have made numerous calls to me and sent letters, I have recieved 1 letter from them and I made all the calling.

    Is that the best advice you can give me?

    Please don't take this wrong as I know when things are typed they do sound different to when you are face to face talking to someone but really is there nothing more I can do than what you have suggested?

    many thanks

    baby


  18. #18
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    Default Re: BABYASH - Insurance wont pay

    Nelly,
    sorry I didn't thank you I am appreciative really i am.

    thanks


  19. #19
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    Default Re: BABYASH - Insurance wont pay

    where I live is not a joint ownership. My ex HUSBAND has never lived here with me only stayed a few months


  20. #20
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    Default Re: BABYASH - Insurance wont pay

    Am I allowed by law to get a copy of the police statement?



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