Thank you for the responses so far, I agree that under the terms of the policy he isn't covered I also agree and think this policy has not been explained properly before purchase and just been package sold. I'll do some further research and do as suggested above.

Thank you

What is the value of the claim? I would start reading up on ICOBS as it does sound rather unfair

Value of the claim is £1100, I will have a read many thanks

Hi All,

I wondered what peoples thought and opinions are on the following;

My inlaws booked a cruise through New Market holidays, this was purchased and paid for on the 18th May 2015. They were asked if they wanted to take out travel insurance at the same time, they accepted and paid the premium along with the cost of the holiday. The insurance was underwritten by Allianz.

Several days later an invoice arrived showing payment had been received, on the bottom of the invoice was a paragraph asking them to read page 4 of the insurance booklet relating to pre exisitng medical conditions, they couldnt do this as they were not in possession of it. They informed New Market who sent one out that arrived a week later. My father in law had had a minor heart attack back in 1994 and on page 4 it stated you would not be covered for any condition which was pre exisitng or were still being prescribed medication for. He is currenlty being prescribed Lisinopril and has been since 1994. Clearly confussion has been caused and they did not notify the insurance company as he did not think a heart attack in 1994 was a pre existing condition.

Fast forward to june 15th, he has a major heart attack and cant go on the holiday, it is cancelled and a claim for cancellation is submitted.

Allianz reject the claim as his medical notes from the doctor indicate his previous heart attack and current medication.

At the point of paying for the holiday and the insurance no pre screening questions were asked about pre exisitng conditions. No attempt to assess the suitability of the policy for them was made, it was just a case of pay the premium and then read the booklet yourself to see if its suitable. Obviously this relies on correct interpretation and in this case that didnt happen.

I would welcome thoughts on this, to me this seems to be an unfair way of sellng insurance. This product was purchased in good faith with the expectation of being covered. I would expect any declarations of pre exisitng conditions to be made prior to the insurance company offering a policy.

Thank you

Court have confirmed on the telephone that the hearing has been vacated, happy it's been resolved without the need to go to court but can't help thinking the whole thing was only done by the creditor to cause grief and stress

Apologies for the delayed response, the creditor informs me they have informed the court they will not be proceeding. I will check with the court in the morning.

Further to the above I have just spoken with the court and they tell me it is still listed to be heard on the 28th. The claimant did not pay the hearing fee back in mid October, they have been sent a reminder and given till the 17th to pay. To date they have not paid leading me to believe they will honour the agreement we made. Do I submit my witness statement this Friday (not done yet) or deliver a letter to court instead enclosing proof that the claimant said they were not proceeding?

I will check again with the court tomorrow. If the court can't confirm its been discontinued or vacated I'll have to turn up on the 28th and inform the judge. Only slight issue is if the hearing is going ahead I have to have my witness statement etc with the court this Friday.

Not as such, they hadn't paid the hearing fee by the date specified in the directions and still haven't so it should be removed from the hearing list. Last I checked with the court it was still listed but i will check again end of the week. I have it in writing that they are not proceeding with the claim. I'm mindful that the case is scheduled for a hearing on the 28th but I'm sure it will be removed from the listing.

Apologies for the delay in updating, this has been settled they have accepted my payment proposals

Hi Andy,

once again thanks for your help, the court simply told me that the claimant had sent a letter stating that the issue had been settled and they did not want to proceed with the case, hence why the hearing was vacated. The court told me the claimant should have informed me and that I wouldn't get anything from the court.

Should I also expect something from the court?

No problem MM only too happy to help, hope all goes well

Hi All, Parking Eye signage photos as promised from Newport Pagnell Services Northbound.

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The picture above is taken from the area you said you parked, with the line of trees to the right and facing the motorway, there is 1 sign visible in the distance to the left.

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The picture above is a general view take from the area you said you parked, the main service area is directly ahead in the photo.

The photo above is located by the entrance to the facilities as you walk across from the car park.

I hope this helps you, if you zoom in on the photo you can read the small print at the bottom of the signage. if you need anything further including email copies of the pictures just let me know.

Tons of evidence Brig got everything I submitted to court plus the court doc's etc

I should take this opportunity to give a massive thanks to Andy and all who have given up time to offer guidance and assistance it is very much appreciated, pay day Friday so a donation will be made.

Absolutely Brig couldn't agree more it's ridiculous

Yes I think I will they didn't comply with there obligations from start to finish, I'm a little dissapointed I didn't get to state my case to the Judge but relieved I've avoided the possibility of a judgement against me

Turned up at court this morning for the hearing scheduled at 10 only to be told the hearing had been vacated. It seems the claimant had received a copy of my witness statement, documents and evidence and thought better of it, they received this on the 12th of this month and on the 14th wrote to the court telling them the matter was settled and they were not proceeding. Obviously they didn't tell me so wasted some more of my time making me attend court to find out, even so I'm claiming this as a victory

Hi All

No problem I've made some notes and ill take care of this tomorrow, I'm sure my camera has a date/time stamp, will post the pics on here once done.

Yes if you explain roughly where you parked I'll grab the info you need.

That would be exceedingly useful chrismk, you're an absolute star

It's no problem ill do it tomorrow anything in particular you need or just the sign ?

Fab, thanks.

Hi I have received excellent advice from this site and read this post with interest. I live 5 mins from Newport Pagnell services northbound, if you need pictures of the signage let me know happy to take some for you tomorrow just let me know

Ok Andy thanks I'll update after the hearing tomorrow

Yeah that was my thought they ignored me for months and never requested one, I think there just trying to force my hand now and save the allocation fee.

Ok so hearing scheduled for 10am Tuesday, I have not received the documents, I don't know if the court has copies or not , if the court has not received I'll proceed by asking the DJ to impose sanctions , if the court has received and I haven't how should I proceed?

Hi not been before a judge yet, only just had mediation which failed to agree a resolution. Since mediation the creditor has contacted me and asked me to complete an income and expenditure form with a view to accepting monthly payments, they want to know pretty much everything and want 3 months worth of payslips.