Jump to content


  • Tweets

  • Posts

    • FINAL UPDATE.  I have not posted as the defence were reading the thread.  An agreement was reached on the day of the hearing.   I am unable to go into detail but for those in this position the forum has been priceless support and advice so thank you all in the site team.   for those going through this, follow the process, ignore intimidating tactics and threats and get to the Judge.  They are very supporting of those self representing.   I note her name has gone from the heading of the thread.  Was this them ?  Thanks again.  
    • I'm not sure what the "appeal" system asked but he said he definitely didn't indicate he was the driver so I'm just going to have to take his word for it. Honestly, I don't think the hirer will contact them. I think my brother will tolerate it. I did have a similar experience with another company 6-7 years ago and sought advice on here then to which you guys told me to ignore, I got the exact same DRP letters and then a "Gladstones Solicitor" letter.  After that nothing happened and it died away. Based on my experience with that I assumed the same would happen here but only asked to see if perhaps anything had changed since then.    Hopefully it doesn't get to court but if it did, I feel like we have enough evidence to sway a judge who probably hates dealing with this type of nonsense anyway. Or maybe I'm too optimistic. 
    • Your attachment showing the cinema parking restrictions seems crystal clear. Let's see what the photos turn up.
    • Meter certification periods re given in The Meters (Certification) Regulations 1998, Schedule 4. From there you can check if they are correct about your specific meter .. https://www.legislation.gov.uk/uksi/1998/1566/schedule/4 If they're telling porkies then you have e clear grounds to tell them to take  hike. If they're correct or if you haven't been able to confirm then you have  few options. You could just keep fobbing them off. In general Octopus can't keep up with demand for smart meters. It took 9 months to get our. So they may not push too hard. Or ask if you can install your own choice of meter. The Electricity Act 1989 cover this in Schedule 7 (2) and (2A) https://www.legislation.gov.uk/ukpga/1989/29/schedule/7 Or fight the them and their enforcement. Or go off supply.
    • We received a copy of the completed Directions Questionnaire (N181) from the solicitors along with a draft copy of their directions. I am on a course today so can upload over the weekend if needed. By 4pm on 16th May both parties must each give standard disclosure of documents by way of list by category. By 4pm on 30th May any request for inspection or copies of docs must be made and compiled 14 days thereafter. I will provide more over the weekend.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Loss Adjuster issues on House Insurance claim


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3478 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

A family member had a robbery where items of jewellery were stolen amongst other things.

 

The person is as straight as they come and that was reflected honestly on her claim - she hates insurance or benefits cheats with a passion so will not put anything which is not true on a claim form, but the loss adjuster is making her feel like a liar and a cheat as they are refusing to pay out on her claim anywhere near what the value of these items were worth and will not pay out on anything which either doesn't have a receipt or an original box.

 

Many items were handed down through the family in France as she is French. Many do not have receipts or the boxes they came in originally, but the insurance company, despite being provided with documents saying they were handed down or given as gifts and provided with pictures of some of the boxes which remained (some got stolen with the items) refuse to make any kind of payment against those.

 

Now I can understand they need to ensure bogus claims are not made, but as she is so straight she feels she is paying for the rogues deceiving the system.

 

I do not know which insurer it is yet, but she has spoken to the Ombudsman but we all know what a chocolate fireguard is don't we?

 

Can anyone tell me what the procedures are for situations like this where it is common practice that people keep things in one or two central jewellery boxes and disguard shop boxes, some people don't keep receipts of everything they buy, and many items of value both sentimental and valuable never have any kind of records when they are handed down through family or given as gifts.

 

What is the normal mode of dealing with this and insurance companies and what should she do to tackle this?

 

She has been offered a few hundred pounds for a claim in excess of 5k.

 

She's panicking....

 

Thanks

A1

Link to post
Share on other sites

Can be tricky when you don't have receipts or evidence of having the items. Neither the FOS or courts are going to award a sum of money unless some evidence of ownership and value is provided. She should see if you can find pictures of her wearing the items.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Can be tricky when you don't have receipts or evidence of having the items. Neither the FOS or courts are going to award a sum of money unless some evidence of ownership and value is provided. She should see if you can find pictures of her wearing the items.

 

Thanks, that's what we are doing, but there's thousands of photo's to go through.

 

What niggles her the most is that she is being treated worse than the criminal and it's been a severe experience enough just having had her flat burgled. She lives on her own in a rather crowded estate on the outskirts of town in the Midlands, she's petrified and this loss adjuster is just callas - no other word for it, making her feel dirty when she's always been a pillar of respectability.

 

I'm waiting for the policy to be sent over and I'll go through the small print because this is just turning what she thought was a safety net in a shark attack on her, this may lead to Unfair Terms or TCF, we'll see, but thanks Uncle.

 

A1

Link to post
Share on other sites

The FOS are generally sympathetic to cases like this, different to cases say where someone claims to have bought the item recently and can't provide anything.

 

It's not reasonable to have to keep boxes, receipts, photos. In cases of inherited items, how can you?

 

The adjuster would have to prove on balance (what's the phrase, unreasonable doubt ?) the claim was fraudulent to not pay this, they would need pretty good evidence to do this. It's clearly not the view held, otherwise no settlement would be offered.

 

It sounds like the adjuster just can't be bothered and is looking to settle out of the way, rather than get a detailed description and try to validate this correctly.

 

I generally don't work in an insurance environment anymore, but if I still was, there would be a stapler flying towards the head of the adjuster who's tried this one on if I found out about this.

 

Persevere with the complaint, don't let them try to bully.

  • Haha 1
Link to post
Share on other sites

Are they refusing to pay or are they saying they'll only pay a certain amount? You say a few hundred in your initial post - what is that based on and what is the £5k figure based on? Can you also name the insurer?

Link to post
Share on other sites

I've been in this "position".

 

Got my warehouse "ram raided". In excess of £15,000 tools gone.

I had to produce ALL the receipts or the would not pay.

 

I paid my eldest daughter to "trawl" through years of receipts to try to "prove" the loss.

Some of the tools were older than 7 years and we had no "proof".

We ended up with £7,500. Half the loss !!!!!

My yearly premuim was in excess of £3,000.

 

That is when I decided to use ISA's instead of insurance. ........

That way you get ALL your money back !!!!!!

If you don't encounter a "problem"; Your "Quids" in.

Link to post
Share on other sites

Are they refusing to pay or are they saying they'll only pay a certain amount? You say a few hundred in your initial post - what is that based on and what is the £5k figure based on? Can you also name the insurer?

 

Thanks folks, they are refusing to pay the whole sum and only paying out on a couple of their own selected choice items. All the unsupported items which have been handed down through the family or given as gifts are excluded and anything not in it's original box. The 5k is an 'under estimate' of value based upon comparable items in the market and the handed down items have been based upon what the values the family in France believed the items to be worth less a %. None of these valuations have been hyped up. I'd rather not say who the insurer is whilst the claim is in progress but it is, I now understand, underwritten by a large organisation as most of these policies are.

 

I have seriously thought about sticking my own insurance money into a savings account rather than paying them out each year, but many many years ago we had a cup of tea knocked off a bannister post on the landing (while I skipped into the loo en route to my study) and the carpet was ivory coloured. The tea never came out even though the insurers sent in professional cleaners of their own and in view of the type of policy and the carpet throughout the house, the insurers had the whole 5 bedroomed house recarpeted throughout - cost over 10k even back then (10-15 yrs ago) so unless I'd saved from day 1 it's hardly likely I'd be in pocket.

 

I must say the insurers in that instance were incredible, the carpet fitters were the issue trying to rip-off the insurers and I went to 13 different carpet fitters myself the insurers had recommended. I had 3 around to choose but the the ones I wanted were not on the approved list. The jack-the-lads who the loss adjusters chose gave prices, for exactly the same carpet make and underlay, varied so much I knew something was amiss so I chose the fitter myself from a highly reputable company locally and the insurers agreed to allow them to do it. It cost them less than through their own loss adjusters prices so it just goes to show what they're up to some of them.

 

Anyway, I think our next port of call is some rather strong letters to the insurance underwriter and the Ombudsman as my relative should not be being put through this kind of stress given the trauma she has already suffered, they're making it worse and that's not what having insurance is all about. Even if they do have to watch out for rogue claims and treat some with caution as I fully understand, some people are obviously not on the make and this is one of them.

 

Thanks

 

A1

Link to post
Share on other sites

If you search through the FOS sites, you will see a number of different cases, where you can work out what the general rule is.

 

This appears to be that for general household items, the Insurers would not expect receipt or valuations, but for valuables such as jewellery they would expect the policyholder to have obtained valuations.

 

If these were items that were of sentimental value to them and possibly of significant monetary value, the policyholder should have obtained valuations. In the event of there being no valuation, there would need to be pictures of the policyholder wearing the items.

 

If there is no evidence of the policyholder having the items, the Insurers won't pay out and I don't think the FOS or courts would make the Insurers pay. It would be unreasonable to expect Insurers to just take the policyholder word for it. The jewellery taken may be costume jewellery of no significant value, but the Policyholder thought they were real diamonds.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Thanks folks, they are refusing to pay the whole sum and only paying out on a couple of their own selected choice items. All the unsupported items which have been handed down through the family or given as gifts are excluded and anything not in it's original box. The 5k is an 'under estimate' of value based upon comparable items in the market and the handed down items have been based upon what the values the family in France believed the items to be worth less a %. None of these valuations have been hyped up. I'd rather not say who the insurer is whilst the claim is in progress but it is, I now understand, underwritten by a large organisation as most of these policies are.

 

 

What is the percentage deduction you refer to for?

Link to post
Share on other sites

I don't know if it might be worth appointing her own loss adjustor. Just something to consider as it was suggested to me when I had a major claim, but that wasn't for burglary so the evidence of loss was available.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

What is the percentage deduction you refer to for?

 

Just trying to be sensible I guess rather than over inflating the price - that's the way they are..

 

Caro, I can't see them doing that. I'm only on the side-lines trying to help, what they actually do is in their control.

 

But thanks

A1

Link to post
Share on other sites

Just trying to be sensible I guess rather than over inflating the price - that's the way they are..

 

Caro, I can't see them doing that. I'm only on the side-lines trying to help, what they actually do is in their control.

 

But thanks

A1

 

It's up to the policyholder to substantiate their claim.

 

Uncle gives good advice to read the Ombudsman's guidelines / previous rulings on lack of receipts as this will help you. His a link http://www.google.co.uk/#q=ombudsman+receipts

 

The Ombudsman may accept photographs of the items or of her wearing the items.

 

For a valid claim the Insurer should settle the claim on the current new replacement value of the items

  • Haha 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...