dazzamanc
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Mobilephonesdirect insurance problem
dazzamanc replied to dazzamanc's topic in Telecoms - mobile or fixed
Can you advise whether it's Mobile phones direct or CityMain Administrators who I should be pursuing? Regards Darren -
Mobilephonesdirect insurance problem
dazzamanc replied to dazzamanc's topic in Telecoms - mobile or fixed
Thanks for the quick reply. I have had no response to my previous email as yet. I gave bank details for the service provider (Vodafone) as far as I knew but wasn't clear that the "3 months free insurance" that was automatically added to my basket would roll into a monthly insurance payment. I wasnt asware of the insurance until I contacted Vodafone as soon as I lost the phone and they told me to call my insurance company and to check with mobilephonesdirect who told me I was insured with their partner "CityMain Administrators". (A couple of years prior to this I worked for a company that went into administration and assumed that the payments were to do with that) The phone IMEI was the original that would have been covered by this insurance. They highlighted the following paragraphs in the "Certificate of Mobile Phone Insurance" when detailing why the underwriter will be unable to be of any assistance: "Theft of the Telephone left unattended in a public place or a place to which the public has regular access." "Loss where circumstances of the loss cannot be clearly identified i.e. where You are unable to confirm the time and place of loss." "You and your Immediate Family are required to take all reasonable precautions at all times to protect the Telephone against theft, loss or damage." I did telephone after receiving the letter but didnt think at the time that there was a lot I could have done. I am hoping it is still not too late to do something about it, but want to make sure I know which route to pursue. Who should I be taking to a small claims court, Mobilephonesdirect or CityMain administrators? Thanks Daz -
Hi, Hope someone can offer some advice. I took out a 24 month mobile phone contract with mobilephonesdirect in January 2010 which offered 3 months free insurance. This then without my knowledge converted into a £5.99 per month direct debit being taken out of my account by CityMain administrators. I lost my phone at the end of January 2012 and upon contacting Vodafone was told to report it to the police and also the insurance company. Once I found out that the CityMain direct debits were for phone insurance I contacted them and was then told that My claim was turned down because of the following exclusions in the T&C's: Loss where circumstances of the loss cannot be clearly identified .. Theft of the Telephone left unattended in a public place to which the public has regular access.. Now I reported that I had either lost the phone at home (I have 2 small children) or at the break room at work (not a public place). Since then (Feb 2012) they continued to take the direct debits, even though this phone was reported as lost, until I cancelled it a couple of months ago once I realised (moved house). I tried to send them a letter similar to the one MPH2k9 from here sent to them here (link removed-Insurance-x-3!!!) but when they eventually got back to me after copying in what I thought were there director, I received the following reply: "As the direct debit from your account is collected by our insurance partner Citymain, we are obliged to discuss any request for a refund with Citymain. Any refund would then be paid by Citymain. You have asked for a refund on the basis that you were not aware of the insurance policy being put in place. Citymain have advised us that a claim was made against your insurance account in 2012 and although unsuccessful, you spoke with Citymain several times during this process. They have therefore concluded that as you put in a claim with Citymain and spoke with them on several occasions, that you were aware of the policy. Unfortunately, neither Citymain or MPD can authorise a refund on this occasion." I then replied with the following: "My request for a refund is not due to the fact that I was unaware of the insurance policy, but the fact that this policy was mis-sold, unlawfully disclosing my bank details to a third party company and that I did not agree or accept any terms which would have initated a direct debit process with a third party. As you have not been able to refund this money then I have no choice but to take further legal action against you to recover these losses. This will also be referred to the financial ombudsman service with all my evidence and correspondence." To which I have had no response as yet. I feel that I have been ripped off by this company and wish to try and recover the money that they have took for doing nothing. Should I make a claim in the small claims court or would it be best to refer to the financial ombudsman service first and on what grounds should I base it? I feel that I'm not going to get anywhere with this but refuse to let them get away with it. If i've missed anything out or need to explain more then please let me know. Thanks Daz
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