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Everything posted by TSx

  1. I would expect the insurer to cover the cost of any water damage but not any damage caused by the rats directly - e.g cost of pipe repairs/floorboards they've gnawed at etc.
  2. Most likely market value - it's unlikely to be the value given on a valuation as these are always over-inflated. You may find that if you want a cash settlement rather than them to replace then they will deduct a percentage to reflect the discount they get from their supplier (anywhere from 10-40%). This only applies if they can obtain something which is similar. Out of interest, was the valuation from an independent jewellery valuer or was it done by the place you purchased the ring from?
  3. Out of interest where do the different legal authorities come from? The contract you agree to for both (household and motor) will contain a provision for auto-renewal. Good practice dictates they refund your premium if you provide evidence that you are dual insured - have you explained you've had two lots of insurance accidentally? it's usually fairly straightforward to sort out
  4. I can't see a complaint succeeding - you made a claim on your policy, they have resolved the issue. The price the contractors charge the insurer is neither here nor there (often for smaller jobs the cost is higher than a local contractor would be, or they work on a fixed fee for a specific type of job). The reason the insurance companies are willing to pay more to them is to fund the customer services infrastructure, complaints and regulatory compliance and the guaranteed timescales that they will be able to deliver. I suspect that the drainage company have also charged for the survey/investigation cost. The only way I can see an argument succeeding with the ombudsman is if the repair is substandard or inadequate. Otherwise you'll be asking them to involve themselves in the commercial relationship between AXA and their drainage contractors - which they won't do.
  5. Have they put this in writing to you? If not can you ask them to and then post what they have written.
  6. Schedule One of the CIA 2012 concerns the remedies available to insurers. In the event of a careless misrepresentation where the insurer would have taken on the business, subject to a different premium, the act provides for So if the premium charged was £100 but would have been £200 then the insurer can pay 50% of a claim. That said, it is common in the industry to just charge the additional premium and not reduce a claim payment - but it's not an automatic right to my knowledge
  7. Unless your excess is £5k+ it will be a small claims issue - so if you use solicitors of your own, you won't be able to reclaim their costs. You could try writing to the insurers directly - although if they haven't admitted liability you might find they don't do anything. Most hassle free option will just be to use carpenters solicitors - whatever route you take, insurers tend to be slow so you're looking at a few months to get any payment.
  8. Have you received any kind of 'final response' or 'final decision' from Nationwide regarding your complaint? If not you need to ask them to issue you with a final decision so you can approach the ombudsman (whilst the ombudsman will take details of a complaint they will just pass it back to the business if they haven't issued a final decision). If they say they need to register a formal complaint and it will take 8 weeks, remind them of when you first informed them you were unhappy (months ago by the looks of it). They clearly have concerns, either over the method of entry, or that the claim is being exaggerated. Have you received a copy of the police report? (when you send off the form for it there should have been a box you could have ticked to receive a copy of the report) and if so, is there anything in there which is inconsistent with your conversations with them so far? Whilst I'm not accusing you of anything, if anything with the claim has been exaggerated, then the whole claim will be void - so they will want to be happy with everything before releasing any payments. The only other thing I can suggest is to issue them with a letter before action (a letter to warn them you will be taking court action against them if they do not respond to your claim within a certain number of days - usually 14 or 21). I would not recommend actually going through with this though as the ombudsman will treat you much fairer than the courts would and is free. edit to add: It doesn't surprise me that the police report has taken this long to come through - they usually take months. The ombudsman are unlikely to consider any delay as a result of the police taking time to issue the report - they will only consider any delay once the insurer has the report. another edit: I completely sympathise with your situation - unfortunately, theft is one of the most likely types of claim to see fraud on. If you're happy to disclose any further details about the types of items which were taken and the sort of proof which was provided (e.g did you have receipts for everything? were there any high value items you couldn't provide any evidence for?) we might be able to work out why the insurers are concerned about the claim.
  9. Costs would be limited to your actual financial loss. I'm guessing the £424 was the cost of a second hand replacement (in line with the policy) in which case you cannot claim for the £600 as that would have had to have been paid whatever. The £424 (£324) you can claim for as they haven't yet paid it - but once it has been paid, that's the end of that. You can claim 8% statutory interest (£2.16 per month approx) from the time you had the conversation with their fraud team to the date the settlement is paid. I'm not versed in discrimination law but I'm not sure how much of a breach this would be considered under the equality act (DDA has been repealed) - I would be surprised if it was as much as £500. Your best route will always be the ombudsman first as it is free and they assess based on 'fairness' which is weighted much more in favour of the consumer. Whilst their award is binding on the insurer, if you are not happy you can escalate to court. If you chose to go to court first, they can only assess based on the legal merits of the claim and you cannot then ask the FOS to review the decision.
  10. The buildings insurance is exactly that - insurance for the buildings (and as buildings insurance isn't mandatory, it is down to the HA if they involve them or carry out repairs themselves). It will not cover contents items (personal belongings). I think you're getting at the liability cover - if there is legal liability on the housing association for the damage, then the insurer would generally insure that loss - but this rests on there being a valid legal claim against the housing association. This would mean the leak was caused by their negligence - and you would need proof of this. Contrary to what a lot of people believe, a leak from a neighbouring property on its own does not make the property owner responsible, there has to be negligence - either in causing the leak, or in failing to deal with it adequately once aware.
  11. I may be misunderstanding but did Standard Life have a record of the power of attorney allowing the brother to act in relation to your parents affairs? Did you inform them that this had been revoked? edited to add: SL have 8 weeks from your complaint to investigate and provide you with a final decision allowing you to escalate to the ombudsman for free.
  12. We've done this debate before. If an insurer doesn't underwrite policyholders who have had a policy previously cancelled for payment issues, they would be completely in their rights to void a policy if this was later discovered (unlikely but not impossible). The FOS would look at the underwriting guidelines of the insurer and if they said that they would decline applications where a policy had previously been cancelled they could void the policy potentially leaving you liable for thousands. The question they ask is "Have you previously had a policy cancelled" (or words to that effect) - there is little room to argue it is an innocent mistake when Tesco have warned you it should be declared. The easy way around this is to do your quotes as normal without declaring a cancellation but take the policy out over the phone and make them aware of the cancellation then.
  13. Have you gone down the ombudsman complaints route? The financial ombudsman look at complaints on a fairness basis (generally much more consumer friendly) and are free for the consumer. If they rule against you, you can make a court claim. If you go straight to the courts, and they find against you, you can't then go to the ombudsman, and you'll need to pay the fee (approx £410) upfront.
  14. I've worked with Tadleys as an employee of an insurer and they're one of the better suppliers out there - they generally know their stuff and have very low levels of complaints. The easy way would be to let them restore it - if it's not a suitable replacement, follow up with a complaint - if it is, you've got your clock restored. Alternatively, make a complaint to the insurer and escalate to the ombudsman if they won't increase their payment to you.
  15. I've seen plenty of cases where a fraud investigator has turned up a conviction when doing some basic research using newspaper searches - many court reports are archived including the full name of the person.
  16. You can sue the insurer for your actual losses (e.g cost of repairs to the vehicle). You cannot sue them for something which might have but didn't happen (it being a 'life threatening fault'). You will find it easier to make a complaint via the financial ombudsman who are free for you - the insurer will have a complaints process allowing you to do this but they need the chance to investigate first.
  17. They will approach you directly - if you are liable, your insurer will pay but any action taken would be in their drivers name against you - rather than having your insurer as the defendant. pass the correspondence on to your insurer at the time to deal with.
  18. It may be that they interpreted it to mean accidental damage - rather than intentional damage. Have you asked if they have the sales call recordings? (most won't! we have call recordings dating back to 2004 where I work, so some do keep them for a long time!)
  19. FOS is always ideal first - they are much more sympathetic to consumers and decide based on fairness rather than legality. They are also free! If you go down the FOS route and don't succeed, you can then take it to the courts. If you go down the court route and don't succeed, you can't then take it to the FOS.
  20. Tesco Underwriting is a joint venture with Tesco and Ageas (not just ageas underwriting for Tesco). They share office space but have seperate staff, computer systems, management and systems. They also have different claims philosophies and processes in place. I'm sure they could help more! But it's not as simple as then just underwriting for Tesco.
  21. Firstly, I'm glad you're OK, it sounds like a horrific crash. If Garage 1 caused the fault and you have evidence to that effect, you should be able to pursue sue your insurers for negligence - your claim would be restricted to any losses you can itemise (costs of repair or replacement vehicle, time off work, storage costs etc) along with an amount for pain and suffering - which will be based on the extent of your injuries. Unfortuntately, you can't claim for any 'possible' injuries, so the fact that the crash could have been much worse is legally irrelevant. I also think that the insurers will argue in their defence that you chose to drive a vehicle which may have been unsafe, they weren't wrong to say that you need to pay to get the car inspected and claim it back if it was related to the original accident.
  22. Are they refusing to pay or are they saying they'll only pay a certain amount? You say a few hundred in your initial post - what is that based on and what is the £5k figure based on? Can you also name the insurer?
  23. This was previously raised here. Providing that the schedules between the two sets of work match, you have two choices - you can accept a cash settlement for the works at £10k less, or you can get the insurers builder to carry out the works. The insurers builder will be cheaper - the insurer bulk buys work from them and it will be cheaper. Market rates don't come into it, if the insurer can get the work cheaply, then that's what you will get. There is a third option - go back to your builder and negotiate, ask them to reduce your price or you can't afford to use them. You can also make a formal complaint via the insurer, and you then have the option of the financial ombudsman if you are still not happy.
  24. No... you could go back to your builder and say the insurance company will do it for £x - will you reduce your price to match? which is no different. Edit: my number one tip to speed up a claim with a loss adjuster is to politely hassle the insurer (not the loss adjuster) frequently. If you're waiting for a callback, ring the insurer daily until you get it - and if they tell you to speak to the loss adjuster, say you've tried that and it's not working. They should be taking ultimate responsibility.
  25. Insurance contractors will almost always work to a 'schedule of rates' - this is a preagreed figure for a specific element of work, regardless of the actual job. As an example, they might pay a fixed cost of £400 per room to dry a property out, including hire of dehumidifers, collection, readings visits etc, whilst your contractor may charge £75/week for the hire, and another £50 per monitoring visit - for a quick job, clearly the local contractor will be cheaper but for a long drawn out job, their insurance contractor will be cheaper. For removing and refitting a kitchen unit, they might pay £112.74 regardless of if it's awkward to remove. On some jobs, the insurance contractor will be cheaper, on others, a local contractor will be cheaper. Ultimately, if the insurance contractor is willing to undercut your own quotes (and has seen them), it makes no difference. That is the price that they can get the work carried out for. As UncleBulgaria has said, they should be able to supply an uncosted scope of works for you to ensure they are quoting for the same thing. There are certainly benefits of using an insurance contractor - you have the protection of the final ombudsman should anything go wrong later on, for start.
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