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Everything posted by TSx

  1. I don't really see who you can go after? Admiral have recorded the details of an incident you were involved in. This will not affect your premium during the current insurance contract so you have no argument against them. The terms and conditions that you agreed to will have said that they will record information - there is nothing in the law to say that their terms and conditions have to be 'in the public interest'. They have to meet certain fairness requirements but this wouldn't come anywhere close - it's no different to a bank recording your payment history. If you go to a new in
  2. Generally FOS 'token compensation' will be around £50-100 (if they award any - beyond that you essentially need to have suffered financial detriment) - I also understand what you are saying but essentially, you've had 8 years of cover at a much reduced price, so their error has benefited you. As unclebulgaria says, it's difficult because you haven't had to claim so the instinct is to think they wouldn't have been paid out, but they would have treated it exactly the same as they have now, and would have had to deal with the claim.
  3. When you go to your new insurer see if you can get them to agree to apply the NCD retrospectively once it's restored by your current insurer (you'll need to call them for this).
  4. In terms of the matching items, they should pay for 100% of any damaged items and 50% of any undamaged items (as per financial ombudsman guidance) - they can't claim to not be aware of this guidance, but generally won't offer it unless you complain. In terms of alternative accommodation, it does sound habitable from what you've said - habitable means capable of being lived in, and if you have cooking facilities, bathing facilities, and water/power then it is habitable. I'm concerned about the mention of no bed though (a mattress on the floor can't be good for you) - that would make it uni
  5. Don't worry, but on the flip side expect them to query the claim much more - it may be a good idea to have your previous policy details handy when you ring them, and acknowledge that you've just changed insurer, but you have had continuous insurance...
  6. Have they issued a final decision? (it sounds like they have). If so, go to the Financial Ombudsman now as it can take time for them to deal with the complaint. I'd also carry out a data subject access request as per Uncle Bulgaria's post above. How much is the claim for? What is the sum insured for personal possessions?
  7. They should have been clear on anything which they have been deducted. Quite often, their contractors will charge a management fee (which is the charge to manage the claim - admin staff, etc) which can legitimately be deducted from the settlement. They may also have initially deducted VAT but then decided to pay it. You are perfectly right in saying you are entitled to know what work they are doing in your house - however you are not entitled to know how much they will charge for that work - the reason is fairly straightforward. If (as an example) their contract with Churchill says they c
  8. There are generally no minimum standards for claims - they should be dealt with in a timely fashion - but the weather this winter has been severe which has stretched most insurers significantly. Complaints should be acknowledged within 5 working days, and a response should be provided within 40 working days. In terms of a breakdown of costs, it is commercially sensitive (as there will be an agreed schedule of rates with the contractors, forming part of a confidential commercial contract - in most cases they are not permitted to release this information to third parties) - what most insure
  9. Out of interest, when you spoke to them when you received the cheque, did you say "I've got a cheque for £2,940 and I'm only expecting a cheque for £2,500" or did you say "I've got a cheque here, can I cash it"? I'm just wondering how clear you were that you thought they'd made a mistake? In terms of full and final settlement - it is full and final, but you have a bill for physio which is part of what the settlement covers, so that's not a great argument (unless the TP insurer had been the ones to instruct the physio - however they weren't). As has been pointed out above, it's quite possi
  10. Have you complained to express insurance and been given a final decision? If not, you will need to complain to them first and they have 8 weeks to respond, if you have, you must make a complain to the ombudsman within 6 months of receiving it.
  11. I only have the current policy booklet to go on but wording is similar. Section A - damage to your car - won't cover it as this refers to the definitions of "your" and "car" which effectively mean the vehicle you own shown on the schedule of insurance Section B - fire and theft - not applicable Section C - liability to other people and their property - apart from the fact this clearly says "other people", it will not cover payments to " anyone we insure under this section, if the claim relates to loss or damage to property that belongs to them (either as owner or as joint owner) or is
  12. You are insured for your legal liability in respect of third party claims - that is to say they will cover any costs which are awarded in a court. Generally speaking, it will not get this far as the insurers will settle before it reaches court. The key element is that you cannot possibly be legally liable for the damage to the second car - as owner of the second car, to get damages awarded, you would have to sue yourself - which you cannot do. The only cover is therefore under the comprehensive cover section, and this will only cover the car named on the schedule.
  13. You are correct - however the 23rd was one of the worst storm's we've had this year and was pretty much nationwide. If the OP is an an area which suffered high winds that day (most) then they will find it very difficult to prove negligence. If the winds are 'storm force' then they will almost certainly defend as without any evidence the roof was in a poor condition (7 years isn't that long to go without a roof inspection on a pitched roof), on balance of probabilities, the tile will be deemed to have blown off in the storm. However the court fees will only be £70-£80 (depending how much y
  14. Do you have how they've phrased it in writing? Does your policy number start with HDA (home options) or HIA (solutions)? If HDA, then their policy documents have the following provisions: This is how they settle claims and finally, this is the definition of sum insured So if you are underinsured, it wouldn't reduce any payments or limits, it would just mean they can apply wear and tear to your settlement (which you obviously can't do with alternative accommodation!) I'm guessing they've made a payment to you for damaged contents items, real
  15. Which don't apply to financial services...
  16. To request a police report, they need a very specific form (an 'Appendix D') to be filled out, signed by you and sent to them. They cannot apply for it with just the CAD number. Police reports are not usually requested by standard, and only where something doesn't add up, or they are looking for a particular discrepancy (usually), so they wouldn't have requested it automatically at the start of the claim. They have 8 weeks to respond to a complaint (defined by the FCA as an 'expression of dis-satisfaction') so I would suggest emailing them again, marking it formal complaint and noting you
  17. They are entitled to investigate a claim to ensure they are satisfied it is valid however it doesn't appear that they are doing this in an efficient manner, so there certainly is some cause for complaint. A police report will take anywhere from 2 weeks to 3 months to come back, so I'd get an official complaint made now in the hope they will decide not to bother. Sign any forms they send you and send them back so you can't be accused of having held things up.
  18. Get two quotes from local builders, and at the same time as this, ask the insurance company for the schedule that they have prepared for the repairs. You can then compare the schedule with your builders quotes - if they have not included something (which is necessary), or included an inferior quality product, then ask them to increase their offer. If you're still not happy, you can make a formal complaint - however this will take a long time. If it just comes down to a case of the insurers preferred building company being cheaper, then it's unlikely to be successful, but if you can d
  19. Distance Selling Regulations don't apply to financial products so there is no right to cancel without penalty. You generally have a right to cancel - the so called 'cooling off period' - however the company also have a right to charge an administration fee. With low cost insurance (travel, temporary), that fee is likely to be more than the cover costs - so you would not actually receive a refund. You can make an official complaint - the company will sometimes back down (if you go to the FOS then they generally get charged a fee of £550 regardless of if they win) - the company has 8 w
  20. To give you any possibly useful advice (other than what's posted above), you need to answer these questions - unless you just want an opportunity to rant. At the address you're living at, do you have anything registered there? bank statements? driving license? car tax? are you on the electoral roll? If not, is there an alternate address where these things are registered at? have you ever done car insurance quotes at that address? were they cheaper?
  21. It's an odd situation. By far the easiest option is to just prove your address to them. They have cancelled for mis-representation and if they can prove fraud, they are entitled to keep the premium. The 7 days thing is a bit of a red herring - they did give you 7 days in the letter they posted, and by law, once a letter is posted it's seen as if it's been received. That just leaves you with the issue of a single email with the wrong wording. However, unless you can now prove your address, that doesn't actually change anything. At the address you're living at, do you have anythin
  22. As UB has said, unfortunately, this means the cancellation will need to be disclosed indefinitely - your wifes policy was not cancelled because you had a conviction, it was cancelled because your wife did not disclose the conviction and thus misrepresented the risk.
  23. There's something important to check here... Why was the policy cancelled? was it cancelled by them because you informed them mid-term of your conviction, or was it cancelled because you didn't tell them about the conviction when taking out the policy? If it's the former, then I'd argue that it shouldn't affect the premium charged, as they can't discriminate against you because of a spent conviction. I would expect you'd still need to disclose it though unfortunately. If it's the latter, then the cancellation is not for your conviction, it's for mis-representation and as such wi
  24. Have you spoke to which about the issue of them using the recommended provider logo when they don't have that status? I think you'll struggle on a misrepresentation claim - although they may have induced you into making the contract based on being which recommended, if you'd have gone with anyone else, they have the same sorts of conditions e.g the condition which I presume they have applied to your claim is... [no cover for]... "valuables carried in any suitcases, trunks or similar containers when left unattended." First Direct (who are a which recommended provider) have a
  25. How was the first policy taken out, and did you disclose the 4 claims when it was taken out (this has been asked several times but I'm not clear from your last post on the answer)? If you did, you can argue that they knew about them and I suspect the FOS would uphold a complaint on that basis If you didn't, I don't think you'll get anywhere - very few insurers would quote with 4 previous claims. Make sure that for any replacement insurance you are declaring you have had a policy cancelled.
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