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Hi

Hope im posting in the right place here, I've recently been unfortunate enough to get my Garage broken into and the ar**holes took my carp fishing equipment that I had put toghether over the last 10 years.

I rang esure to report the theft and they sent out a loss assesor from a manchester firm to validate my claim, the loss assesor came and went through a full insurance valuation of my contents (fairly degrading pulling the cost of your contents to pieces) and calculated that I was insured as the goods were stated as HIGH RISK ITEMS in the esure home insurance policy booklet, he went on to contact a firm that would quote for the replacement of my goods which worked out at 7200.00 but with their discount I was looking at a 5650.00 cash payment, I also notifed him I was hoping for a qick settlement as I have a fishing trip to france booked in few weeks time and no fishing equipment to go with.

The loss assesor refered his findings back to esure who have now turned round and stated that there is a policy limit of 2000.00 Contents Of Outbuildings within my schedule and have stuck to that limit.

On refering to the Policy Booklet it clearly states that High Risk Items include Portable Sports Equipment and the definition of High Risk Items is:

Items that are particulary exposed to the risk of theft, which belong to your household or which any member of your hosehold is legally responsible for and are kept in the home.

 

The Definition of HOME:

Your house and the fixtures and fittings, sheds, summer houses, garages and greenhouses which are designed only for domestic purposes.

 

With that im sure Esure are trying it on

any advise would be appreciated as my trip to france is only two weeks away and im totally frustrated as Esure have now passed the matter to their complaints department

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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OK,

 

I had a look at the esure terms on the web and if they are the ones that apply my view if this applied to me would be the following

 

The sublimit is as follows:

 

Contents in your outbuildings £2,000

 

Relevant definitions are as follows, note that there is no definition of "outbuilding(s)" or "out-building(s)":

 

Buildings/home

Your house and the fixtures and fittings, sheds, summer houses, garages and

greenhouses, which are all designed and only used for domestic purposes. Your buildings

also include swimming pools, hot tubs, hard tennis courts, terraces, patios, driveways,

footpaths, walls, gates, hedges and fences all within the same site at the insured

address shown in your Schedule.

 

 

High risk items

Items that are particularly exposed to the risk of theft, which belong to your household or

which any member of your household is legally responsible for and are kept in the home,

including but not limited to:

. . .

• portable sports equipment

. . .

 

House

The house, self-contained flat or other structure you or your family live in at the address

shown in your Schedule. This does not include fixtures and fittings, sheds, summer

houses, garages, greenhouses, swimming pools, hot tubs, hard tennis courts, terraces,

patios, driveways, footpaths, walls, gates, hedges and fences or any part of your home.

Unless described differently by endorsement, the house must be built of brick, stone or

concrete, and roofed with slate, tile, asphalt or concrete.

 

So, your garage is part of your "Buildings/home" but not part of your "House". High risk items are items kept in your home (including garage in the definitions) and include portable sports equipment which I guess no argument includes fishing gear.

 

Out-buildings are not defined but note the following exclusion which is the only reference to out-buildings in the policy.

 

Damage to boundary walls, gates,

hedges or fences and any damage

to garages or out-buildings

 

This clearly shows that garages are considered separately to out-buildings and garages are therefore not an out-building.

 

Further if e-sure had meant high risk items to be kept in the "house" rather than the "home" they would have said so.

 

I think it is clear, your stuff should be covered (in the absence of any other limitation). At worst it may be ambiguous in which event it would be ruled in your favour under the contra proferentum rule.

 

In your shoes, bearing in mind your trip, I would write to e-sure and ask them to settle the £2,000 as an interim amount pending resolution of your dispute with them. If they refuse tell them that you will replace the equipment and add the credit-card interest as damages for their failure to adhere to the terms of the policy and their failure to treat you fairly as required by the FSA.

 

If you spend more than £2,000 you are at risk if I missed something (quick look) or my view is found to be incorrect.

 

Good luck!

  • Haha 1

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Thanks for your reply BtB, glad to see you have the same opinion as myself, as for the fishing trip which is a week long trip im not going to be as comfortable as I would with my goods and even the two grand wont kit me out well enough to enjoy the trip which puts me off going. thanks again for the advise

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hi

Funny you should say that.... when I took out the policy which I bought online I got the quote and rang esure to verify that if I bumped my personal possesions up to 5000.00 would it cover my fishing equipment, I was told that as long as each individual item cost less than 1500.00 each it would be covered, I have put this to Esure and because this was a general enquiry there would be no recorded conversation to verify this and that personal possesions are 'Any item that is worn or carried ' which means the likes of jewellery, although jewellery are under high risk items. I have also been paying the extra 30 odd pounds for that cover for the last two two and a half years.

Hadituptohere

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Is it right that insurance companys dont legally have the right to use there suppliers to replace goods in a claim or if they offer you a cash settlement it shouldnt include any discount they would recieve if they were to replace your goods from one of their suppliers?

Or have I got that wrong?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Had a letter from Esure today after discussing my claim yesturday, they agree that on the definition of home and the definition of house but draw my attention to: Policy booklet - section - contents - making a claim

For loss or damage caused by theft or attempted theft from your domestic sheds, summerhouses, greenhouses or garages we will pay up to the policy limit shown in your latest schedule.

 

Any advise on this would again be appreciated

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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To which I say so what!

 

Crucially what e-sure don't say is:

 

For loss or damage caused by theft or attempted theft from your domestic sheds, summerhouses, greenhouses or garages we will pay up to the policy limit for outbuildings shown in your latest schedule.

 

If that's what they meant that's what they should have said.

 

The "policy limit shown in your latest schedule" could be any one that applies.

 

I would go back to e-sure and say "you have created an ambiguity and under the contra proferentum rule of policy construction such ambiguity will be construed against you."

 

Regarding the question you sent by pm, I found the exclusion when I did a search on the document on line for "out-building". It's on page 53, I didn't check into which section or relevance.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Thanks again BtB, ive found the quote and can now present that to esure along with everything else. Lets see what they come with next?

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Just a quick update, been onto Esure today as they recieved my email on monday and theve informed me that they have handed it to their technical adviser and I should have a decision by tomorrow.

I cant wait....:confused:

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Well just got off the phone with Esure and after passing it to there Technical Advisers there sticking to there Outbuildings Limit within my Schedule..........(i have asked for written conformation on there decision a.s.a.p)

I cant believe it and its left me wondering where to go from here, any advise/thoughts.......

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 4 weeks later...

Hi all had the final responce today from Esure:

 

Customer Relations Department

Office Hours

Monday-Friday 9am-5pm

01737 641 055

Mr

Lancashire

25th July 2008

 

Dear Mr

Claim Number

complaint number

Thank you for taking the time to speak to me about your complaint. I understand that you are still unhappy with our payment of £2,000 following the theft of your fishing tackle from your garage on 2nd May 2008.

Both you and your Loss Adjuster have said that the construction of our policy wording is ambiguous and you are seeking the full replacement cost of the equipment, which amounts to £5,560. I understand you have not yet replaced the stolen items.

I understand that when our Loss Adjusters, Cunningham Lindsey, visited you to discuss your claim your own Loss Adjuster was present. At the end of the meeting, and after much discussion about the policy wording and associated limits, Cunningham Lindsey felt the claim should be settled for the amount you were claiming.

Cunningham Lindsay submitted their report to us recommending we make a payment of £5,560 to settle your claim. However, we pointed out to them that the policy limit for contents in outbuildings is £2,000 and asked them to contact you to explain this.

I should like you to know that we have raised this matter with Cunningham Lindsey and the Loss Adjuster concerned so that they are aware of the impact this matter has had on you and the inconvenience you have been caused.

As I told you during our telephone conversation, and in my e-mail of 23rd July, I have discussed the matter with our Senior Claims Manager and the Manager of our Technical Claims Department as well as our Senior Underwriters. As you know, the outcome of my discussions is that we will not be increasing the payment under your claim beyond the £2,000 we have already paid you and I will now go on to explain the reasons why.

Firstly though I should just like to confirm, as you requested, that by accepting and banking our cheque for £2,000 it does not prejudice your right to continue to dispute the amount we have paid you.

For the purpose of your buildings insurance we define buildings, on page 4 of the policy booklet, to be your house and the fixtures and fittings, sheds, summerhouses, garages and greenhouses. For the purposes of your contents insurance page 6 of the policy booklet then goes on the define your house, self contained flat or other structure you or your family live in at the address shown in your schedule. This does not include fixtures and fittings, sheds, summerhouses, garages and greenhouses etc.

 

 

 

Your garage is a detached garage and as such does not form an integral part of your home and is therefore classed as an outbuilding. Page 31 of the enclosed policy booklet headed “Contents – making a claim” states “The most we will pay under this section: ….. For loss or damage caused by theft or attempted theft from your domestic sheds, summerhouses, greenhouses or garages we will pay up to the policy limit shown in your latest schedule”. I have also enclosed a copy of your policy schedule, which shows the maximum amount we will pay for contents in your outbuildings is £2,000.

I see that you have said your fishing tackle falls within the definition of high-risk items within the home. The fishing tackle is covered in the home subject to the policy limits but, as the equipment was in the garage at the time of the theft, this is specifically limited to £2,000 as detailed on the policy schedule. The cover for items contained in outbuildings is more restricted because they are more vulnerable to loss.

It is not possible to provide extensive definitions of all words within the policy and whilst you state we should define outbuildings, we feel that this term speaks for itself.

Mr , I am sorry you have found it necessary to complain and I do appreciate that this was not the response you were hoping for but I hope you will find my explanation useful.

I understand you now wish to refer this matter to the Financial Ombudsman Service and I would like you to know that I will be happy to send my file to them, if asked. I have enclosed a leaflet about the Financial Ombudsman Service and how you can make your complaint to them. Please note that you can do this within six months of the date of this letter.

In closing, I would like to thank you for taking the time to bring this matter to my attention and for the opportunity to review it for you.

Yours sincerely

 

 

On behalf of the Customer Relations Manager

Enc: FOS leaflet

Home policy booklet

Policy schedule

 

 

Any thoughts would be appreciated again Guys

 

Thanks

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 5 months later...

Just a quick update on this thread.... It is now in the hands of the FOS following advise from my solicitor on the 24th December my case has been refered to an adjudicator and awaiting her decision, if I dont get esures decision overturned then solicitor waiting to serve legal action, will update as it goes.

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 3 weeks later...

Well had a responce from the FOS...lol

 

what a complete and utter disgrace.....

 

FOSesuredecision.jpg

 

No mention of the 5000.00 personal possessions cover i had?????

 

Stops part way through a paragraph to justify the decision based on the definition of 'contents', it goes on to state in that paragraph: 'legally responsible for and are kept in the home, including but not limited to:'.

 

STINKS

 

any other thoughts or advise would be appreciated with this one

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hi there,

 

could you confirm that the £5,000 personal possessions cover was for unspecified personal possessions please? Just need to know if that cover was for items you specifically told them about or not. I suspect it was for unspecified because the £5,000 cover is the normal level for that, but I don't want to make any assumptions.

 

Also what date did you take out that policy on, as Esure have different policies over different times.

 

 

 

 

 

 

----------

 

Ok assuming I have the right booklet:

 

"Home" is not defined.

 

"House" is defined, as not including garages amongst other things. The FSO also states this in the letter.

 

 

http://www.esure.com/wcm/groups/public/documents/webcontent/wcmprod_002017.pdf

(page 23 - Section 3 'Contents which are temporarily removed from the Home')

 

Excludes loss or damage:

caused by theft or attempted theft. However, you are insured for loss or damage caused by theft or attempted theft from any building if this involved forcible and violent entry caused by vandalism or malicious acts.

 

 

To me it seems like you have a strong case that the tackle was covered (up to £5000) in an outbuilding, as this was not the home. This of course entirely depends upon you only keeping it their temporarily. If you kept it their as the place you stored it when not using it then it could not be covered by the personal possessions cover. If however you normally kept it in your house, but you just moved it out their temporarily for some reason then you would be covered (this would be like taking it over to a mate's house the day before a fishing trip so it is all ready - it has to be a temporary thing to lower the risk, else this cover would not be possible to give).

Edited by Wulfyn
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The 5000.00 was an extra to the policy at an extra charge per annum.

 

Page 2 of the policy booklet 'meaning of words and terms' :

Buildings/Home, its there Wulfyn

 

the policy was taken out Dec 2005

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 5 weeks later...

Ive spoken to a solicitor and have been informed that this doesnt stop me taking this to county court for a small claim, i have written to the FOS and informed them of my intention but had no reply.

 

Is anyone interested in helping me along these lines...lol, trying to work out some POC's to make this company accountable for what is clearely in black and white and not what is standard industry practise....

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 1 month later...

Hi. sounds like a frustrating claim... Ive got my thinking cap on but could you tell me if the Cunningham Lindsey adjuster or Esure requested you carryout a contents Value Added Risk for during the policy or prior to the Adjusters visit.

 

Do you also have PP cover on your policy? and is the fishing equipment normally stored in the shed/garage or was it there for any particular reason that night.

 

This my first day on the site so hopefully ill log in soon to see if we can get this sorted for you..

 

Many thanks

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Oh, just a thought could you tell me if the adjuster left a letter with you whilst on site and what the content was. The adjuster are set in place to engage liability on the Insurers behalf..

 

Must dash, late for work :)

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Cunningham Lindsay sent a value request form prior to the assessor's visit but not being able to value things like cost of laminate flooring (replacement) etc didn't complete it and the adjuster carried this out whilst on his visit.

 

yes I had PP cover to the value of 5000.00 as an extra premium on my policy, the fishing equipment is normally kept at my mothers address, her garage is attached to her property and the garage is racked/ shelved out to accommodate my equipment, the items where in my garage until I had time to transfer to my mothers address.

 

Nothing left by the adjuster but was informed that I was under-insured by a small amount but this was covered by their discrepancy limit and was advised to raise my contents cover accordingly which I did immediately.

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hi again, back from work and thinking cap on.

 

As I stated before that Esure has passed the claim to the adjusting company on a deligated or retained authority.

 

Deligated being that the adjusters carry the claim through without return to the Insurer and retained being that they are only the to advise and report back to the Insurer.

 

With Esure it is complusary for the Contents VAR to be completed and signed by the policy holder by/on the day of the adjusters visit so that the adjuster can complete a full work return and make the Insurers aware of any possible underwriting issues. ie low contents sum insured

 

It is also the adjusters policy to leave a site letter/action plan with the policy holder to advise how the claim will proceed. Either a typed on mobile equipment or handwritten. It is the adjusters responsibility on the day to engage/confirm cover and how it covered under the insured perils.

 

If the adjuster left you any advises on how the claim would proceed. ie full replacement fishing equipment and not advising the policy limits, then that particular adjuster has still engaged liability and in a professional stance has agreed on Cunninghams (on a their deligated basis)that will issue the full replacement fishing equipment

 

Now. If the adjuster did not complete an Esure contents VAR form on site then they have not followed the Insurers request.

 

If the Adjuster did not carry out a note of doors, windows and locks then they have failed to complete thier own full report...worth checking

 

Ok, right next one...you will need to get your policy booklet out for this and it may make sense to some and something that I have found works in the past.

You have standard contents - yes?

You have PP cover - yes, ok so check the wording under the PP cover and without seeing your policy wording I am guessing that it will also have definition of theft.

Does it have a limit on an out building and if does it refer you to your 'standard' home cover.

I am hoping that if it says under the PP theft from an outbuilding it may have the £2000 limit. If it does refer you to the standard section then as you have standard cover and PP cover then you limit is actually £4000.00 and not just £2000.

If, under the PP section there is no mention of outbuildings or a policy limit then I would pursue the claim with £2000 under the standard cover and then the rest under the PP section.

 

PP cover - look at the companies defination as it will be something like : something that is worn or designed to be carried on the body.

PP cover - I like to describe it as the martini section as the item/s (within the single article limit) are pretty much covered anyplace,anytime, anywhere.

 

So... where do you go from here, right well if the adjusters are appointed on a deligated basis to deal with your claim and you are currently in complaints with the Insurer... then you maybe barking up the wrong tree... deal with the adjusters.

 

Right, getting close to what you can do about it, bit before i waffle on.. tell me if any of the above is correct..

 

Talk soon

Eros

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I was asked to sign something on the day of the visit to agree with the valuation on the day, which was signed but nothing left, he then confirmed that the claim was clear to go and he even contacted a supplier of fishing equipement and they contacted me and told me their stock availability and cost of the replacement items he could supply.

 

The contents is AD/AL, personal possessions cover of 5190.00

 

The pp cover doesn't have a definition of theft.

 

The Contents cover has this - for loss or damage caused by theft or attempted theft from your domestic sheds, summerhouses, greenhouses or garages we will pay up to the policy limit, shown in your latest schedule.

 

PP cover definition: cover for your personal possessions are accidentally lost, damaged or stolen while they are: temporarily removed to anywhere within the UK.

temporarily removed to anywhere in the rest of the worldfor upto 60 consecutive days.

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hi. sounds like the adjuster has made a bit of a boo boo on the day and not advised you of the policy limit.. Did they ask to see a copy of the policy booklet as far as i know i dont imagine that they had a copy to hand.

 

If i was you and if you are content on following this through i would

 

A: issue a 'section 7.1 data protection act' request for information (google it) as you should request all electronic data like the site pack details completed by the adjuster on that day,all reports sent to the Insurers ie. prelimary report upto the final report, computer history notes supplied by the claims handlers in theirs offices and all electronic telephone calls relating to the claim... for the cost of £10 its worth it..especially against solictors costs.

 

From this you will need to see if there are areas where the adjuster has confirmed full cover and not noted policy exclusions and limits. It will also show that a site letter/action plan was not left on site to advise progression of the claim or confirm engagement of liability.

 

B: I would write a separate letter as the dpa release has a time limit..28 days?.. but in the second letter I would request that they review the claim and the report from the visiting adjuster who by the sounds of it engaged full liability. I would then give them a 'reasonable' time length to reply.. ie 14 days from the date of the letter including weekends

 

also add the concern of policy i.e that whilst paying for the standard contents cover and met with the policy limit under that section that it should be correct to also review the PP cover for which you have paid an addtional premium and appears to have no policy limit except for the single article limit and a total valuables. Request written evidence if they disagree.

 

D: once you have received the dpa release check that the data is correct to what was said on site and what was done off site.

 

E: keep in contact with the Insurer, otherwise they will close your file and all paperwork will be sent to storage causing delay when it is reviewed. So again write to them... if you want to follow a similar process as above with the section 7.1 dpa realease but also a second letter requesting reply with 14 days again to request... did the adjusters complete the process under delegated authority if so why was liability fully engaged on site and then withdrwawn without personal consultation from the loss adjuster No harm in asking - Did the adjuster make an mistake). REQUEST that they also review the adjusters notes.

 

F: consider how far you are willing to go with this claim, although I can understand the frustration you may find the time comes when you must drop it and move on with your life... you certainly shouldnt make this an issue where it is 24/7 on your mind but if you are confident that there are areas to be raised then I certainly wouldnt leave them without mentioning to them the magical word of 'watchDog'.

 

Hope that helps...let me know if you get stuck or you get a good outcome

EROS

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OH PS...with regard to the 5650.00 cash payment they can offer a discounted amount if

A: their supplier can supply like for like equipment

B: supplied within a 'reasonable' time period

 

otherwise the the insurer/loss adjusters should offer full high street cost from you own supplier.

cheers

EROS

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