Halifax decline water damage home insurance claim **WON VIA FOS**

[dr fox]

We moved into our property a year ago and a couple of months back there was driving rain on a particular day. When we got in from work our lounge had water lying on it. Water was dripping from the dowlights and the curtains were soaking wet. We dried up all the mess but over the next couple of days our wooden floor began to swell and heave.

 

We got a builder out who repaired the damage which was on the outside of the building. (which we hadnt noticed until the heavy rain)

There were two bits of damage, one on the wall above the window and the beading around the external window (he repaired both to be on the safe side)

 

We put a claim into Halifax and they told us to get a quote so we did and it came in just over £3000 plus vat. Halifax said due to the amount they would send one of their contractors. The surveyor came out and then halifax said that they would send out a PCC. On the day of the visit there were two PCC's which i thought was strange but they done their stuff and that was that.

 

A week later they phoned to say the claim was declined as they could not see any damage on the external of the building. (It had been repaired at this point but if they had looked closely enough then they would have seen it).

 

We sent a letter concerning the decline of the claim and a reply came back saying that they stood by their decision as it was their opinion that water had been coming into our property over a period of time.

 

We have Buildings & Contents & accidental contents cover.

 

We paid for the outside to be repaired but thought the insurance would cover at least the floor and ceiling.

 

Your views?

[Mossycat]

I can understand why you acted in haste and got the outside repaired asap, get a statement from the builder who repaired your property stating what work he did and why he did it (get him to confirm that this was allowing ingress of water to your property). Take photos that clearly show this work.

 

Send that to the Halifax with a strongly worded letter of complaint, stating you have buildings and contents cover, you carried the work out quickly to stop further damage occuring and you now insist they deal with the claim or you will go to the Ombudsman.

 

Refute their claim that water had been coming in for a long period of time and tell them that if that had been the case you would have dealt with it as soon as it was discovered (as you did in this case). Explain that it is possible that water can enter a building and not be detected until such time that it does become obvious (ie in driving rain), if you have a copy of the surveyors report on your recently acquired property and that doesn't mention anything untoward then send them a copy as proof that your property was sound when you moved in.

 

If they still refuse to deal with it ask them to state their reasons in full and in writing and post back here for further advice.

 

Mossy

[Wulfyn]

Check to see if your policy includes some sort of Home Emergency Cover. This covers the cost of emergency repairs up to a certain amount that are designed to be either (a) temporary fixes or (b) permanent fixes where a permanent fix costs the same or less as a temporary fix.

 

As the damage was allowing an ingress of water you can claim that you got the repairs made asap in order to stop further damage (and a greater claim on your insurance). This should also help support your claim.

 

 

This is a typical insurer catch-22 situation. If you had not made the repairs then they may have offered a lower amount claiming that you were liable for damage caused after you were aware of the problem but made no effort to fix it.

[dr fox]

We have just heard back from the Insurers. The girl who phoned was very nice and helpful. She stated that we could reach an amicable decision regarding our flooring without getting the FSA involved. (The ceiling is also damaged but we can live with that as long as the floor was repaired) Call ended and we thought excellent, it will get one in time for christmas. An hour later the same girl phones again to say that they would not be paying for the floor, :confused: as its not covered under contents. The flooring is uni click re-useable and is not under the skirting but has beading.

 

The reason that they have now declined is because of the beading.

 

They are sending out the decision again in writing so we can take it to the FSA.

 

We are passed being mad now and if the FSA say no then we will just live with it till we get enough cash to do it.

[Helford]

It would appear that they are differentiating the flooring as not being covered as it is 'portable', i.e. It is contents rather than buildings.

 

Although you have both buikdings and contents insurance, are they both with Halifax?

 

If yes, it would appear that you may have to remind them you have both buildings and contents covered!

 

H

[dr fox]

both buildings and contents with halifax. contents has accidental cover.

 

1st year went with no claims but made a claim on the 2nd year. Knocked back due to having no accident cover on building. (we have it on contents) currently in dispute.

 

damage: ceiling, cove, wallpaper, subfloor, laminate click

asked to get estimate which was £3700 plus vat

 

when we took out our mortgage we decided on everything with them. life ins etc.. the halifax advisor recommended accidental cover on contents as we have two young sons but not to bother with accident cover on buildings. we went on her advice.

 

i spoke to the branch manager who said that due to signing the renewal for the 2nd year, there was nothing they could do about it plus we should have read the policy. So true but we thought we had the lot covered.

 

we asked for cover for anything that happened in our home, but as it stands were not covered for any ceilings, floors, decoration etc...

 

I feel that the halifax did not advise on the correct cover for our needs.

 

I know we should have read everything in the paperwork.

 

thanx.

[dr fox]

Over a year and a half ago we made a claim under our home insurance but the claim was not met by the insurers as the stated that our click flooring was under buildings insurance and not contents. Had both with the same company but no accidental cover on buildings but had on contents.

 

Long story short we contacted the Financial Ombudsman but they are now asking for receipts for the flooring and an invoice for the joiner who installed the floor. The floor was bought and laid around 2 years ago and we dont have any receipts.

 

Second question is IF the insurers do pay out for the floor, would we be entilted to any compensation due to the time limits and the stress caused between me and my partner.

 

Seriously though the amount of agro ive had from the wife moaning constantly about the floor and having to move the couch and chairs over the damaged parts so no one could see.

 

Thanx.

[LemonTwist]

Generally, buildings insurance covers the structure of the home together with its fixtures and fittings, whereas contents insurance covers the contents of your home, the possessions you would take with you if you moved house. Is the flooring permanently fixed to the house, or would you be able to take it with you if you moved? I think that's the question which would determine whether your claim will be met or not. I know that ordinary carpets are considered to be contents, as you can easily remove them and re-lay them elsewhere.

 

As for receipts - do you still have access to your bank statements/credit card statements from 2 years ago, showing the payments to the joiner? If you don't have them, you could ask your bank to send you a copy of the relevant statement, but they might charge you for it. If you do internet banking, you might be able to access your statements on there free of charge, although I'm not sure how many months they go back.

[dr fox]

Thanx Lemon Twist,

 

The insurers have advised that they will class flooring as contents as its not fixed in any way.

 

Receipts: Flooring was paid by cash as was the joiner. I only have a mobile no for the joiner but no reply.

 

Thanx.

[dr fox]

we had made a claim for water damage to our house after heay rainfall but insurer wont meet the claim as it states in the policy.

 

we will not cover you for:

loss or damage by water entering your home

regardlessof how it happened

 

Insurer state that there were no storm conditions, but did agree that there was heavy rainfall. We have buildings and contents with same insurer. Accedental cover on contents.

[Mossycat]

we had made a claim for water damage to our house after heay rainfall but insurer wont meet the claim as it states in the policy.

 

we will not cover you for:

loss or damage by water entering your home

regardlessof how it happened

 

Insurer state that there were no storm conditions, but did agree that there was heavy rainfall. We have buildings and contents with same insurer. Accedental cover on contents.

 

 

 

 

Are you asking a question somewhere in that post or are you just telling us about what your policy doesn't cover you for?

 

Mossy

[MrShed]

Are you asking a question somewhere in that post or are you just telling us about what your policy doesn't cover you for?

 

Mossy

 

 

:D

[dr fox]

Suppose i could have constructed my post a bit better.

 

Try again -

 

Three grands worth of damage to our flooring but insurer say we are not covered due to the wording in the policy -

 

we will not cover you for:

loss or damage by water entering your home

regard lessof how it happened

Basically asking for advice on could i argue anything against their decision or are we basically going to have to pay for the damage.

[MrShed]

Well - the damage is exluded from the policy, so you arent covered, cant see what else you could possibly do!

[dr fox]

After a long wait (3 1/2 years), the ombudsman has agreed in our favour regarding a home insurance claim:whoo:

 

In their letter they state that interest at a rate of 8% simple should be added by the insurers.

 

Just wondering how would they calculate this.

 

cheers

[honeybee13]

Congratulations. That's a long time to wait for justice.

 

I think at this time of night I'll pass on the interest calculation, but I think the 'simple' answer is that you don't earn interest on interest year by year. I'm sure I saw someone's signature the other day said they had a thread/sticky about this, will post it if I remember. Or you could google it.

 

My best, HB

[maroondevo52]

Thread moved.

[dx100uk]

they'll prob use this:

 

http://www.egalegal.com/compoundWindow.html

 

dx

[the_shadow]

they'll prob use this:

 

http://www.egalegal.com/compoundWindow.html

 

dx

 

Nah thats compound interest, theyre suggesting simple interest which is basically the s69 court interest, they should work it out from each premium taken and add the 8% flat interest on each payment when it was taken... if you want to see how much it should be download the excel spreadsheet for a claim and enter in all the ppi payments and dates and see how much stat s69 interest the spreadsheet suggests.

 

S.

[dx100uk]

http://www.bllaw.co.uk/services_for_businesses/insolvency_and_recovery/simple_interest_calculator.aspx

 

ok then this one

 

but i know they use the other even on simple 8%

 

dx

[dr fox]

Thanx guys, will post the reply from the insurer when i get it.

 

Thanx

[dr fox]

Update - Insurer called us with an offer that we werent expecting we accepted and money is in the bank.

[dx100uk]

well done

donation time.......

 

dx