Jump to content


  • Tweets

  • Posts

    • 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.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Insure and Go refusing to pay cancellation of trip after passports stolen. HELP!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2262 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello,

 

I’m desperately seeking help regard a claim with my travel insurance. Here is my situation:

- Policy: Economy Light (attached) - Insure and Go is the insurance company

- Incident while abroad: Money and travel documents stolen from inside our hotel room in Lyon, France, on the 1st night of the trip (22nd December 2017). Unfortunately they were not in the hotel safe.

- Travel plans: The trip was originally organized in 2 parts:

o 1 week in France: starting in Lyon (where the theft happened) and going to the south of France (Nice, Marseille and Perpignan)

o 1 week in Morocco: Departure from Perpignan to Marrakesh and flying from Marrakesh back to London Luton.

- Consequences of the incident: Cancellation of hotels in south of France (as we had to go to Paris instead in order to sort new passports) and complete cancellation of the Morocco trip as we couldn’t get passports in time. Extra accommodation and tickets to get home to the UK from Paris (1 week earlier as we missed the holidays in Morocco).

- Claims I made:

o Section I3: Passport and Travel documents: Seeking for payment to replace the documents (£100 each)

o Section I2 - Personal money: Seeking for payment of the U$450 stolen

o Section J - Cancelling and cutting short your holiday: Seeking for compensation of having cut my trip short because of the passports being stolen

- Response from the Insurance:

o Section I3: Passport and Travel documents: They agreed to pay but under this section it’s saying it includes all the extra expenses incurred in order to replace the passports (£100 doesn’t even cover the costs of the new passports, let alone all the extra expenses!!)

o Section I2 - Personal money: They are saying there is an exclusion for this: (4. Cash or passports that you do not carry with you on your person (unless they are held in a locked safety deposit box).)"- so I guess I won’t be able to get this money back. :(

o Section J - Cancelling and cutting short your holiday: They are saying that passports being stolen is not in policy as a reason to cut the trip short (which for me is more than absurd as without a passport you cannot travel!). But I don’t see it in the exclusions. They are saying that only these reasons are covered: "Travel and accommodation expenses that you have paid or have agreed to pay under a contract and which you cannot get back, including any local prepaid excursions, tours or activities, if it is necessary and you cannot avoid cancelling or cutting short your trip; and reasonable extra travel costs if it is necessary and you cannot avoid cutting short your trip." I really feel that passports being stolen affect the trip and in my case made me miss flights and my trip and accommodation in Morocco.

- Costs incurred: Amongst hotels we missed, extra accommodation in Paris, flights missed and extra ticket to get back to the UK we spent over 2,000 euros!

 

Is there anything I can do to get any compensation under Section J (or any other section that apply better to my situation)??? I’m considering to raise this with the Travel Ombudsman, but not sure how to approach.

 

Please help.. this has ruined my Christmas and my 2 weeks holidays and I’m trying to get a sensible response from the Insurance, but so far I only got “rejections” of my claims.

 

I would greatly appreciate any help or suggestions you can give me!

Travel Insurance Policy.pdf

Link to post
Share on other sites

you will initially have to ask them to revisit the section J bit and ask them exactly why your claim does not fulfil this criteria and show you where exactly in the terms it states that stolen passports are excluded as a reason for a claim for curtailment.

 

Basiclaly they are trying to tell you that they have alist of thisngs they pay out on rather than a list of exclusions. that is something that courts and the insurance ombudsman has pulled insurers up on many times before so they know that they are on thin ice with thsi but want you to do all of the work in the hope you may just give up in despair.

Link to post
Share on other sites

The Passport section only covers £100 for all the below, which is just ridiculous to assume that £100 would cover for anything but the document replacement itself:

 

We will pay for the following:

Up to the amount shown in the table of benefits on pages 5 and 6 for:

1. If your passport is lost or stolen during a trip (as long as this is outside the country you departed from), we will pay:

i) Reasonable travel and accommodation expenses necessarily incurred outside your home area to obtain a replacement of your lost or stolen passport or visa which has been lost or stolen outside your home area;

ii) Reasonable additional public transport costs if you are unable to make your pre booked return flight home following the loss or theft of your passport within 48 hours of your pre booked return flight home; and

iii) Any fees payable specifically for you to obtain the replacement passport itself while you are outside your home area.

 

2. The pro rata value of the original passport at the time of loss; and

 

3. The replacement costs of any of the following items:

 Travel tickets

 Green Cards

 Visas

 Prepaid accommodation vouchers

 Prepaid car-hire vouchers

 Prepaid excursion vouchers that you lose or that are stolen or damaged during your trip

 

The total amount payable under this section for a claim relating to any or all of the items listed above is limited to the amount shown under the maximum sum insured for section I3 in the table of benefits (£100 for each person covered).

 

It does sound unbelievable that they want to include all the costs within the section that covers the bear minimum amount they pay.... of course that someone that had to incurr extra expenses will spend at least 10 times more than what they are paying...

 

Not sure if there is any way to argue this though..... any ideias?

Link to post
Share on other sites

Sorry to say this, but you seem to have bought the wrong type of Travel Insurance. Most people think that Travel Insurances are mostly the same. This is not true.

 

A basic Travel policy is onlly really suited to covering say a 2 week holiday to one destination in Spain. Where you are travelling to more than one place, you really need a policy to cover a more complicated trip, which covers the issues mentioned. More expensive policies which offer more cover for independent travellers are designed to cover people who leave the UK, to go to one destination, then other destinations followed by a return to the UK.

 

If you are travelling like this again, then do more research. Brokers like PJ Hayman offer a wide variety of policy options. Tell them details of the trip and what you want covered and you should then obtain a more appropriate policy.

 

In regard to your claim, the Insurers will simply look at what you are tryng to claim for and then apply this against the section of the policy. If you are reading/interpreting the policy differently, then put a complaint in writing

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

Link to post
Share on other sites

Thank you all for your comments.

 

It seems that I don't have a lot to go on,

 

I will still complain as I feel that not having passports is a very obvious reason why someone would have to cancel trips.

 

Lesson learned for next time

- have a better,

more robust insurance.

 

Thank you all again for your thoughts.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...