Hello Caggers, I’ll try and be as brief as possible… After a long 4-year battle on a failed claim for a mis-sold PPI policy, the insurance company agreed to pay a back dated claim. I had a Mortgage Protection policy with the Halifax. It was sold to me over the phone on the premise that my mortgage payments would be covered if I was ever to lose my income. I accepted. My initial claim was for them to pay my mortgage payments when I became unable to work. They didn’t (it seems) record that I had made a claim back then even though they have some information recorded on their system that I contacted them and the medical staff that looked after me at the time contacted them. They also have records that I contacted their legal department to enquire about my employment situation when I became ill. I know I started a claim – they don’t seem to agree. Two years after my illness I was able to return to work and have been in continued employment since then. The back dated payment they are proposing covers the mortgage payments that were due at the time – which would have been great if they had paid it at the time that I made the claim. Because they didn’t pay at the time – I wasn’t able to make my mortgage payments, I got into arrears Halifax tried to repossess the house. I went through a string of court hearings and I was only able to stop the repossession by securing a re-mortgage with a Higher Rate Lender at the 11th hour. In a nutshell, I ended up losing a substantial deposit in my house to pay for the arrears, legal fees, early redemption charges etc. and I’m now paying extortionate interest only re-mortgage payments This is what I would term consequential loss – i.e. if my claim had been paid at the time I made the claim then I would have been able to keep my mortgage and none of the expense or trauma that ensured would have happened. After my illness, I was able to go back to work and make the payments on my re-mortgage without issue. My re-mortgage payments now are so much higher than what they would have been had I been able to keep my previous mortgage. The difference between the two is also part of the consequential loss going forwards. The insurance company must know that I did make a claim in the past otherwise why would it pay now, years later. I think they wanted to process a new back-dated claim because it would mean they wouldn’t have to consider consequential loss at all. I was hoping on some advice on whether this payment being back-dated would mean I couldn’t apply for consequential loss? Thank you Sunny-side-up

Can I claim consequential loss following a garage damaging my car? I took my car into a garage for routine brake pad replacement (& tyres), following a 'brake check' the previous day. My car has automatic handbraking, so required use of specialist equipment to replace the pads. They were aware of this (was asked to go to a different branch where they had the right kit to do the replacement) It was a sit & wait appointment, and was told it would take them about 90 mins. By the time they closed 4 hours later, although they had replaced the pads & tyres, they were struggling to get the hand-braking to work. They had to give me a lift home, and was told they'd update me the following day. By the end of the following day, they'd still not been able to resolve the issue, and had to take the car to Hyundai. Hyundai did some diagnostics, and confirmed that the rear callipers required replacement. This would take approx 4 weeks (due to availability of parts). (For those curious - Hyundai tell me the rear callipers have small servo motors within them holding the pads, which have to be controlled by specialist kit when replacing the pads. If that kit isn't used / used correctly / designed for use with that car, it can damage these servos - that's what appears to have happened. The car is only ~2 years old) The garage accepted responsibility for the repairs needed, and even have their insurer involved. By the end of day 3, they provided me with a courtesy car. As a result, I had to take 2 days off work, and been without my car for 3 weeks (and counting) whilst they sort out the problem. Do I have an option to claim from them the time I've lost from work and/or loss of use of the car? (latter is difficult to quantify, I'm sure - but the depreciation value over 4 weeks would probably be a start if i could work it out!). Especially given the car they've given my is not comparable with my own car - not even close.