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TSx

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Posts posted by TSx

  1. 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?

  2. well as long its got nowt to do with CAR insurance

    whereby they can and do rollover if you don't cancel

     

     

    no totally unlawful to auto roll contents or building without you agreeing.

     

     

    go get 'em.

     

    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

  3. 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.

  4. 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

     

    In addition, if the insurer would have entered into the consumer insurance contract (whether the terms relating to matters other than the premium would have been the same or different), but would have charged a higher premium, the insurer may reduce proportionately the amount to be paid on a claim.

     

    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

  5. 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.

  6. mind my spelling down to keys-but below is my emai I snt b4-now they say got crime report-but does not put there concerns at rest,so my fault-I guess,complained to fso-but tbh not sure what supposed to do.as used to be u had to be guilty of a crime,not the victim

     

     

    num

    now told by insurers they have concerns but wont tell me what

    they r-so im amazed at what im supposed to do now

    as It s in there time not mine,

    so again were made to wait,

    unto someone makes more stories,

    we wanted to strat to try build up our feelings and celebrate xmas

    but how

    when were being called criminals for being burgled,if I didn't send the infantry list in fast enough-they know y-but no=instead of sorting,its magic roundabout time--no one cares-victims r blamed

    ive not left this house since august,and not even got xmas tree etc up-as or I wanted was to try to celebrate with my daughters,but since one left home because of this,whats the point,

    I mean I get fobbed of left/right/centre=emails from all over

    and does it mean my insurance is not worth the paper its written on?

    as ive always paid more for the policy as was told it would all be covered etc,but now seems not

    so if nationwide/don't want to take blame/direct line./uk insurance,dont-then why not blame the victim,,,or blame the staff who most seem to be egos bigger than the next-when u complain u get passed to others,,

    im emailing this-again-to everywhere,as no idea WHO WILL help..and I mean the polce KNOW we were burgled and came,so maybe I wil just concern to being housebound even more 24/7=as seems that's the only way I can think--I sleep downstairs in chair-as still feel unsafe,and only the FSO told us about victim suppossrt no one else mentioned it,

    apart from hosp in morn,due to stress levelsim in 24/7

    thx

     

    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.

  7. 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.

  8. My take is that if the damage is caused by something that is covered by the buildings insurance then everything that is effected by the damage is also covered. Its the HA insurer that would responsible not the actual HA. If the OP has contents insurance I can there insurer wanting to speak to the buildings insurer.

     

    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.

  9. 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.

    • Haha 1
  10. 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.

  11. 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.

  12. What court claim? As far as I know this was all resolved by the insurance companies! Why am I suddenly being chased for payment for something that I am not responsible for. What legal right have they to do this?

     

     

    I have passed all details to my insurance company at the time, as far as I know this is nothing to do with me.

     

     

    I think I found the reasons for this, as thee is a three year limit to claim for car insurance!!!

     

    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.

  13. Have just recieved a copy of tesco's own engineers report and the contact details for them are as follows :

     

    Tesco Bank Insurance

    Ageas house

    Hampshire Corporate Park

    Templers way

    Eastliegh

    Hampshire

    SO53 3YA

     

    Also the report is headed Tesco Underwriting fax The details for them are :

    The square , Gloucester Buisness park, Gloucester, Gloucestershire, GL3 4AD

     

    But when i have gone onto Ageas insurances own page i get the following details (bearing in mind my insurance company is Ageas)

     

    Ageas Insurance

     

     

    Eastleigh (Head office)

     

    Ageas Insurance Limited

    Ageas House

    Hampshire Corporate Park

    Templars Way

    Eastleigh

    SO53 3YA

     

    Gloucester

     

    Ageas Insurance Limited (Commercial Operations)

    Ageas House

    The Square

    Gloucester Business Park

    Brockworth

    Gloucester

    GL3 4FA

     

    This means that tesco is being under written by ageas but for legal purposes they are trying to distance themselves from one another.

     

    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.

  14. 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.

  15. 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.

  16. How about the fact that the adjuster saw the bids from my builders before the his builders actually provided a quote. Would there not have been some collusion between the two parties thus ensuring that the insurance builder quote was the lowest? Can I go somewhere with this?

     

    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.

  17. 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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