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    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
    • Hmm, that's strange how they got my email then.  I assume the below is ok to send to DCBL, Nicky?  Hello, I am writing regarding our ongoing dispute and the upcoming court claim reference xxxxxxxx. To ensure fairness and transparency in our communications leading up to the court hearing, I request that you use postal mail exclusively for all further correspondence related to this claim. Please refrain from sending any communication or documents via email. Thank you for your understanding and cooperation. If you have any questions or need clarification, please feel free to contact me via postal mail at the address provided above. Yours sincerely, xxxx
    • In the SAR, I received the original application, lots of computer print outs, yearly statements from 2013 and the new emails regarding my complaint. They sent me a £50 cheque after I chased them for the SAR after the 30 days. They said they was waiting for me to respond to an email (which I never received) before sending the SAR
    • classic P2G. I'm sure dianne and Lesley will pop an email to you at some point.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Insurance cover is always worked on a replacement value. To replace your current losses may cost more than £60,000 plus you still have the costs of replacing your household goods and clothes etc so it seems you were well under insured. Recently we had to claim to replace more than half the furniture in our home plus nearly all our clothes due to flooding and going through the claims procedure can be very stressful. Luckily our insurance covered it all, but what out a big dent in the claim was alternative accommodation costs.

You will get good advcei here so just hand in there and query everything. BTW when replacing anything, always keep receipts or copies.

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Exactly which L&G policy did you buy eg Essentials, Extra or Enhanced?

 

If you can post this, posters can have a read of the relevant policy booklet to see if it contains an "Averaging" or "Under Insurance" Clause.

 

Honeybee the policies that typically do not apply under Insurance are the policies aimed at High Net Customers eg Chubb and Hiscox etc.

 

The L&G policy might not have an averaging clause depending which contract it's on

 

Thank you for that clarification. It's beyond my experience.

 

HB

Illegitimi non carborundum

 

 

 

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Thanks ..

 

Do I need a personal loss adjustor.. Do the insurance companies like working with them ?

 

For a large claim it can be worth it, but you need to understand the fees they charge. I think they will either do it as a fixed fee or a percentage of the claim value. But you are probably looking at £1k+.

 

It is not a case of whether the Insurers like working for them. Any loss assessor you appoint will represent your interests and try to ensure that the claim is dealt with properly.

 

http://www.lossassessors.org/

 

Before you appoint your own assessor, you should see whether there is likely to be a problem with the claim settlement and if there is, then perhaps speak to a couple of assessors who are members of the institute (linked above).

We could do with some help from you.

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You may as well see what L&G propose before deciding about a Loss Assessor who will work for a set fee or more likely a percentage of circa 15% (Don't forget VAT will go on top), if you contact one now they are incredibly good at selling and will almost certainly sign you up when you may not need one as L&G may come good.

 

L&G are a good Insurer and deal with claims in a fair way.

 

If you decide to use a Loss Assessor bear in mind their fees are very negotiable due them being so high so be prepared for a hard sell but also be prepared to play them at their own game and haggle.

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You need to send them a letter by recorded delivery headed "Official Complaint" address to send this is in their policy.

 

Keep the letter concise and business like, briefly explain how the mistake happened and why it happened along with noting that having sought professional advice there is no under insurance clause contained in their policy and thus as a valid claim you expect the claim settled as per the policy. That should you not receive satisfaction your next step will be the media and the Insurance Ombudsman.

 

Note that the advice you sought feels due to the genuine mistake on your part and the lack of an under insurance clause that the Ombudsman will rule in your favour.

 

As a side note are they giving you 14 days written notice of the cancellation and have they mentioned a refund of premium.

 

Have they given an exact reason as to why they're cancelling eg fraud?

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surely they would still deal with the claim (perhaps subject to the under insurance?) and not cancel retrospectively? or are they cancelling retrospectively?

Edited by Ford
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Having read this thread now from the start, I can see why L&G have reached this decision. It is a case a gross deliberate under-insurance, as you seem to be aware of the value of items after a loss, but not at the time of arranging the Insurance. Had L&G been aware of the amount of jewellery, they probably would have insisted on a maintained alarm system and probably a safe. There would have been a minimum requirement for locks as well.

 

When L&G looked at this decision they would have referred to their underwriting guidelines that would have applied to the risk, had it been correctly stated when the policy was incepted. If the risk is totally different to what was originally stated and the basis of Insurance would have been totally different, then I can see why L&G have voided the policy.

 

You will have put in a complaint and battle it out with the Insurers, taking it to the FOS. In this situation, I think L&G will allow you to take it to the FOS and will not try to resolve beforehand.

We could do with some help from you.

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If I try to be neutral , I can tottaly understand why L&G did what they did. But this was not deliberate. I just went with what was coming as the default content value at the time of web application and did not take enought time to read the fine print . Also you never think it can happen to you ..till the time it does. I honestly see no reason why I would save the extra 20 £ per month when I was already paying my life ins , critical and home ammounting to 70 £ .

Just our sheer bad luck and stupidity of not reading the print .. Atleast L&G should have paid what was covered by policy or atleast the electronics for which I provided the receipts.

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thats one of the things was thinking about earlier, despite the underinsurance they may oblige re the sum insured, subject to the underins, seeing as thats what you have paid the premiums on. but, seems they are voiding re 'mistake', 'misrepresentation', or..? uncleb makes some fair points, partic re security

Edited by Ford
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You need to check the buying process that was followed online and the documents sent to you. Was it made clear to you to check the sum insured and policy limits to make sure the policy was suitable ? I would think that it was, but you should investigate with a microscope.

 

Unfortunately this is yet another example where someone has had a problem in arranging Insurance online. Unless you really know what you are doing, it is advisable not to use the internet and instead phone companies or use a local brokers.

We could do with some help from you.

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  • 2 months later...

I have had a similar problem with Sheila's Wheels, Esure and Cunnigham Lindsey, the loss adjuster. We had £20,000 worth of jewelry stolen by our mentally ill son, we were told by the insurer/loss adjuster that we would have to prosecute for the claim to go ahead. Our son was arrested and is about to be saddled with a criminal record. Our contents cover is for £60,000 plus, so we assumed that my wife would at least get her jewelry replaced. However, esure informed us that we were under insured by 50%. It seems that the content insurance of £60,000 is split into three parts: household, high risk and named. We were sent a cheque for £10,000. It looks like we have been robbed twice.

 

Peter Fenton

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I have had a similar problem with Sheila's Wheels, Esure and Cunnigham Lindsey, the loss adjuster. We had £20,000 worth of jewelry stolen by our mentally ill son, we were told by the insurer/loss adjuster that we would have to prosecute for the claim to go ahead. Our son was arrested and is about to be saddled with a criminal record. Our contents cover is for £60,000 plus, so we assumed that my wife would at least get her jewelry replaced. However, esure informed us that we were under insured by 50%. It seems that the content insurance of £60,000 is split into three parts: household, high risk and named. We were sent a cheque for £10,000. It looks like we have been robbed twice.

 

Peter Fenton

 

If you did not speak to someone at the Insurers when buying the policy to explain your requirements, I am not exactly sure why the Insurers would be responsible, if the policy coverage was not found to be adequate. As we all know jewellery values have massively increased in the last few years, due to gold prices, so many people will be under-insured.

 

I repeat the advice I gave previously. If you have more than a few thousand pounds worth of jewellery or of valuables, you are taking a risk arranging cover online. Better to speak to Insurers or use a broker and to disclose fully what your requirements are. The policy can then be tailored to suit your requirements. If you arrange cover online, you will have a standard policy, with standard limitations in cover, as set out in the policy wording.

 

If there are any issues about the buying process you are unhappy about, then make a complaint to the Insurers and do follow up with the FOS if necessary.

We could do with some help from you.

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