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Everything posted by mooreda

  1. Hi Jaxo - as per the above, if the credit agreement is regulated, you need to pursue the credit firm quoting the Section 75 legislation; if they fob you off, complain to the Ombudsman.
  2. remember - if you also bought on credit, you have joint protection under Sec 75 of Consumer Credit Act insofar as the credit firm are jointly liable with Homebase!
  3. Don't worry - if you bought on credit and the agreement is regulated by the Consumer Credit Act then you can complain in accordance with Section 75 of the Consumer Credit Act. This states that the credit firm are jointly liable. Take a look at the Citizens Advice Bureau website or consumer direct. I have had serious issues with Homebase and my new kitchen purchase. I gave up with Homebase and complained directly to my credit card company and the credit card company are looking to refund my money. You also have the option to complain to Ombudsman if you are not happy with how the credit firm deal with your complaint.
  4. My brother has recently had around £1800 worth of fishing equipment stolen from his shed. The theft took place whilst he was not at home - they forced his gate open and forced open the shed door. The thieves even returned for the second time whilst his claim was being dealt with by Directline. Directline instructed Anglian Fishing to deal with his claim and my brother was asked if they could replace. Given the fact that the thieves attempted to steal from his property again he requested a cash settlement. Directline have sent him a cheque for £600 less than the value of his claim that I find extraordinary. Whilst I appreciate that the insurers supplier can replace I find it an appalling state of affairs that under the circumstances they can deduct their suppliers discount as my brother is worried about having the items replaced only to be stolen again and as he lives in a very small 1 bedroom house he does not have the space to keep the items inside. Any idea's on whether we should complain and go to the ombudsman?
  5. What was the total cost of your holiday and the sum you are looking at in compensation? Have ABTA not helped at all?
  6. You dont need accidental damage cover - the damage should be covered under the "impact" section of the household insurance policy.
  7. Claim through your Legal Expenses insurance if you have this additional cover on your policy. The Legal Expenses cover will provide the cost of a solicitor to pursue your claim.
  8. Have you not considered contacting the third party's insurance company direct to make a third party claim directly with them. If their insured has told them what has happened and accept liability, you won't have to pay a penny and the insurer will more than likely instruct their own garage to repair your vehicle.
  9. Hello, I have had a look at the policy booklet and understand from the Minimum Standards of Security, that "other than for windows in occupied bedrooms, the security devices fitted to the home are put effectively into operation immediately before you or your domestic employees retire for the night. The Minimum standards of security for doors and windows:- All accessible windows less than 2ft in height/width, (for wooden windows), must be a Window lock with a removable key, or a locking handle with a removable key, or a rim or mortice security bolt with a removable key, or a multi point locking system with a removable key. You need to carefully look at the wording and key to see if you fall foul of the policy exclusion because of not having complied with the policy.
  10. Hello, sorry to hear about your problem. From what I read on this site it would appear the general reputation Abbey has is that they Snub most complaints and can be so obstructive where you are forced to take the matter further to the Ombudsman. They have a terrible reputation and I would never ever have my bank account with them!
  11. was the payment made by credit card? if so you could complain to the credit card company - section 75 of the Consumer Credit Act and get them to refund all of the money.
  12. Lets hope the Ombudsman can help - please upload your documents using this site and not imageshack as they take ages to load.
  13. Can you give us a bit more info on accident/vehicle make & model/ins co?
  14. Formal complaints procedure then and ultimately the Ombudsman - if you do go to the Ombudsman it is likely to take them six months to deal with your case - I have had a legal expenses complaint with them since January and it has only just been looked at!
  15. I recently made a claim on my Legal Expenses Insurance and wanted to use my own solicitor. However, upon making the claim and my details being passed to a Legal Expenses Insurer called DAS - DAS refused and said that I had to use their Panel Solicitor. Is this right and Lawful? I have read some legislation which as far as I can see say's that I am entitled to use my own solicitor. As such why does the insurance industry appear to be flouting the law? The Insurance Companies (Legal Expenses Insurance) Regulations 1990 Arrangements for avoiding conflicts of interests 5.—(1) An insurance company carrying on legal expenses insurance business shall adopt at least one ofthe following arrangements. (2) The company shall ensure that no member of staff who is concerned with the management of claims under legal expenses insurance contracts, or with legal advice in respect of such claims, carries on at the same time any similar activity— (a) in relation to another class of general insurance business carried on by the company, or (b) in any other insurance company, having financial, commercial or administrative links with the first company, which carries on one or more other classes of general insurance business. (3) The company shall entrust the management of claims under legal expenses insurance contracts to an undertaking having separate legal personality, which shall be mentioned in the separate policy or section referred to in regulation 4. If that undertaking has financial, commercial or administrative links with another insurance company which carries on one or more other classes of general insurance business, members of the staff of the undertaking who are concerned with the processing of claims, or with providing legal advice connected with such processing, shall not pursue the same or a similar activity in that other insurance company at the same time. ****** (4) The company shall, in the policy, afford the insured the right to entrust the defence of his interests, from the moment that he hasthe right to claim from the insurer under the policy, to a lawyer of his choice or, to the extent that the law of the relevant forumso permits, to any other appropriately qualified person.****** and Freedom to choose lawyer 6.—(1) Where under a legal expenses insurance contract recourse is had to a lawyer (or other person having such qualifications as may be necessary) to defend, represent or serve the interests of the insured in any inquiry or proceedings, the insured shall be free to choose that lawyer (or other person).
  16. I had to help a friend with his claim with the Privilege - his car was stolen and they refused to pay on the basis that they felt he "failed to safeguard the keys' to his car". I complained and took the case to the FOS and they upheld the complaint and made the Privilege pay. You will have to keep on at them i'm affraid.
  17. If you have Legal Expenses insurance on your house insurance have you not considered putting in a claim with them to take the matter up with the Council?
  18. Remember you can complain to Energywatch and Ofgem.
  19. This is from the Ombudsman - repair, replace or cash? - october repair, replace or cash? Most household policies now provide ‘new-for-old’ cover but leave it to the insurer (not the policyholder) to decide whether the claim should be settled by repair, replacement, reinstatement or cash settlement. We take the view that the insurer must exercise this power reasonably, in the circumstances of the individual case. This has a number of implications for both parties. Where insurers opt for repair, we consider they have a duty to explain the implications of any choices made by either party. If the repairer is chosen by the insurer – or its agents (such as loss adjusters) – then it is normally the insurer who will be liable to make good any deficiencies in the repair. Where a policyholder insists on a particular repairer carrying out the work, then it is the policyholder who will generally be responsible for the quality of the work. This does not mean that every repairer who has provided a claimant with an estimate will be regarded as the claimant’s chosen contractor. We have considered complaints where the insurer told the policyholder to obtain estimates and the policyholder sought the loss adjuster’s assistance in doing so. In these circumstances, we have concluded that the insurer, rather than the policyholder, was liable for the repairer’s shortcomings. Even if the policyholder chose the repairer entirely independently, the insurer will be responsible for rectifying deficiencies in the work if it or its agents ‘controlled’ the repairer, for example by requiring the repairer to cut his costs or to use certain materials or parts. In those circumstances, the repairer can no longer be regarded as the policyholder’s agent. Opting for ‘replacement’ is only a reasonable option on the insurer’s part if the object claimed for can be replaced. If the object is antique jewellery, for example, then it is not open to the insurer to insist the claimant buys a modern replacement from a chain shop. Similar issues arise whenever the replacement options are limited. It may, for example, be unreasonable to limit a policyholder’s choice of replacement to a particular retailer. Policyholders should be allowed to choose where they purchase a replacement and they are entitled to a cash settlement if they cannot find an acceptable alternative. In such circumstances, we would not regard it as reasonable for the insurer to make a deduction from the cash settlement to represent any discount it would have got if the policyholder had bought a replacement from one of the insurer’s nominated suppliers. Nor would it necessarily be appropriate for the insurer to offer vouchers to the policyholder. If the option of replacement is not available, then the only way in which the insurer can indemnify a claimant is by a cash settlement. In some cases, policyholders may not wish to purchase a replacement for the damaged or stolen goods. This may be, for example, because their circumstances have changed, or the object had sentimental value. Where this is the case, we will normally ask the insurer to agree a cash settlement.
  20. You need to write to the insurance company - address it to the Data Protection Officer/Controller enclosing a £10 cheque requesting a copy of the information they hold about you and to include the transcript of the call you refer to.
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