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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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Gap insurance provider not paying? - ** RESOLVED **


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Hi everyone and sorry to start with a problem.

 

I wrote my car off middle of last month and my insurers paid out in 2 weeks. The accident was my fault and the police and ambulance were called as it was serious and I was rushed to the hospital but luckily nothing major. I have since tried to claim on my GAP insurance and they seemed not interested as I had to keep calling them everyday just to know what was happening with my claim. At first, it was always " its with the validations team, then with the underwritters, then back and forth" until about a week and half ago when I called and was transfered to the validations team who said I need to undergo a telephone interview with an investigator to acertain the full facts and details surrounding the claim.

 

My question is I thought GAP pays out when the insurance policy pays out?

 

Are they trying to delay/not pay out on my claim?

 

What is the interview about when I have already told them what happened?

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Just go through the cognitive telephone interview answering all the questions and you should not have any problems. It is not automatically the case that the GAP Insurers will follow what your Car Insurers have done.

 

The idea of the interview is to check the validity of the claim event. As long as you provide consistently accurate information, you have nothing to worry about.

We could do with some help from you.

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When we claimed on our GAP insurance a few years ago it was about 4-5 weeks until it was all settled, though didn't need any kind of telephone interview.

A ridiculous 12 page form, along with requesting every single piece of documentation under the sun however...

Apologies for the formatting in my posts, I do put paragraphs in but the forum removes them for some reason :(

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Its just ridiculous. The whole process shouldnt be taking that long to deal with. I sent all my documentations in on the same day, Surely it doesn't take a month to read it and then say "you will be interviewed by an investigator. If that is the norm, I am happy to be interviewed and whatever they may also want to do.

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The circumstances are that I had a car accident that was my fault, someone ran infront of my car and I swerved to avoid them. It was quite serious and the police and ambulance were called and I was rushed to the hospital. So it baffles me as to what the interview is for. The interview is next week and I shall see what this is all about and report back accordingly.

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Erm, I would hold back naming them until the interview. I don't want to get into any mess or prejudge them but its one of the main internet ones.

 

Fair do's.

 

I have an interest in this topic because I was involved in setting up the UK's first online provider of GAP insurance back in 2003. That particular company is no longer around mind (went down the pan after I left! [snigger]), but I still like to keep abreast of what's going on in that market.

 

I am curious as to who you bought your policy from. Let me know in due course, when you feel comfortable doing so.

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  • 2 weeks later...

UPDATE:

 

Had the interview on tuesday and I was asked questions about the accident and my car. They claimed there was costing for rear damage on the engineers report which wasn't on the copy that I have. The interviewer then promised to get back to me by today. I called them and they said to me they would get back to me next week. They are just doing everything possible to delay?not payout on the claim which is frustrating.

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I called them this morning and once again I got the " we are dealing with this right now and we don't need you to send any more stuff, we are going to send everything to the underwritters and should get back to you within a day or two. So I will update accordingly.

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  • 3 weeks later...

UPDATE:

 

It has now been 8 weeks and 2 days since I reported my accident to my GAP insurers and they still havn't paid out.

 

After the interview, I sent them a very tense letter threatening legal action amongst other things and I was sent an email stating that they were satisfied with my claim and that everything has been verified and that they see no reason why I should not be paid. They said my file has been send to the underwritters for authorisation to make payment so I was happy that the saga was at last coming to an end. But 2 weeks after that email, I have just been told that my claim has again been put into review and that they have sent me a letter since last week (I didn't get any letter) explaining what I need to do next. I then called them up and I was informed that the underwritters are still not satisfied with my claim and that I need to sign a form which they claim to have sent authorising them to contact the police and hospital.

 

Bearing in mind I have given them the CAD number since the very first day of the claim (19th August) and hospital details.

 

Are they just taking the **** now?

 

Is there anything else I can do in the mean time?

 

Is 2months enough time to process the claim or I'm I being unreasonable?

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Ok sign the form and let them investigate.

 

Suggest that you lodge a formal complaint in writing to their head office, if you have not done so far.

 

At the moment, I am not sure any court claim or ombudsman process will speed this up. More likely to delay it even further. They will say that they are entitled to investigate any claim, as they see fit and that there is no attempt to delay settlement of the claim.

We could do with some help from you.

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They are entitled to investigate a claim to ensure they are satisfied it is valid however it doesn't appear that they are doing this in an efficient manner, so there certainly is some cause for complaint.

 

A police report will take anywhere from 2 weeks to 3 months to come back, so I'd get an official complaint made now in the hope they will decide not to bother. Sign any forms they send you and send them back so you can't be accused of having held things up.

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Thanks for that. I have sent in three official complaints via email so far and each time has been a reply requesting something else. After the first one, I got a "we need to interview you" which they did and said it was ok. Then after the second one, I got a " your claim is fine and we see no reason why it should bot be paid, we have sent your file to the underwritters for authorisation to pay you", then after the trhird one I now got "we need the police report and hospital report despite the face that these details were given to them on the 19th of August and they have had over 2 months to get these.

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Thanks for that. I have sent in three official complaints via email so far and each time has been a reply requesting something else. After the first one, I got a "we need to interview you" which they did and said it was ok. Then after the second one, I got a " your claim is fine and we see no reason why it should bot be paid, we have sent your file to the underwritters for authorisation to pay you", then after the trhird one I now got "we need the police report and hospital report despite the face that these details were given to them on the 19th of August and they have had over 2 months to get these.

 

To request a police report, they need a very specific form (an 'Appendix D') to be filled out, signed by you and sent to them. They cannot apply for it with just the CAD number. Police reports are not usually requested by standard, and only where something doesn't add up, or they are looking for a particular discrepancy (usually), so they wouldn't have requested it automatically at the start of the claim.

 

They have 8 weeks to respond to a complaint (defined by the FCA as an 'expression of dis-satisfaction') so I would suggest emailing them again, marking it formal complaint and noting you have not received an acknowledgement letter or final response to your complaint of [whatever the date was]. Ask them to provide you with a final decision relating to the issues you have raised (the unreasonable delay in them making a decision) as you wish to involve the financial ombudsman as you do not think the company are being fair.

 

I would suggest giving them 2 weeks to do this (they have 8 weeks to respond to a complaint. and in this case, your quickest hope is that someone is on the ball and deals with it to avoid having to pay the FOS a fee to deal with the complaint).

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And the police report will confirm the accident as they were called by the residents to the accident scene and also followed me to the hospital and dropped me home afterwards. I honestly just think they are using delay tactics as I have an email from the investigations team that and I quote " your claim is fine and we have verified everything and see no reason why your claim should not be paid. We have sent your file to the underwriters for authorisation to make payment". Surely all that must count for something...

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I have just received the Apendix D form and the requested information was the accident date, time so just verifying the accident basically. As I said, all this is just a delay tactic to delay payment and it's shocking. I shall name and shame when this is all done. In the meantime, I have signed and sent them the authorisation form.

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UPDATE:

Just been told that the police will have 42 days from receipt of the form to reply following which they would send the reply to the underwritters to deal with. Another 2 months wait from now. Delay tactics in motion. This is a trully shocking behaviour by the GAP provider.

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Perhaps it is time to name them for others to avoid. I can't see naming them doing any damage to your request as it should have been paid out a long time ago. Ask them for a deadlock letter due to the delay and unsatisfactory replies to your queries as you now wish to escalate it to the financial ombudsman.

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