Lifestyle Group BOS mobile phone insurance

[Johnboy024]

Hi folks,

 

I raise a claim via my mobile phone insurer Lifestyle Group. This is underwritten and owned by the same people as #protectyourbubble (Assurant).

 

I go through all the process and log my claim for lost phone. My policy says that it will be dealt within 1 day. After 3 days I'm told it's been passed to the fraud department. This is due to a system that told them to do this!!

 

Eventually get phone call from this guy Sam in fraud. He is are that I have a disability and suffer from depression. He asks challenging and private questions. At all times I am told I can cancel my claim. I start doubting myself and cancel my claim.

 

I make alternative arrangements and get a new phone. After looking on google about protect your bubble, lifestyle group, assurant, (most bank packed accounts) are dealt with by thes people. Anyway 8 weeks later I log a complaint wi them and suggest that the fraud department bullied me, had caused exasperated my mental health issues and brought back bad memories. I also said that I have been at financial loss due to the way I was treated. The company decide my claim was valid and we agree a cash settlement for the claim...Not for my complaint.

 

They have now offered me £100 for my complaint and I am not happy to accept. Having rad the FOS guidelines they may have breached disability discrimination legislation. I have advised the company I require £1,500 compensation and that I have evidence of the way the treated me. All calls recorded, and agents advised at time. They say they have now reviewed there practise and changed.

 

My question is using the FOS takes a long time.m I've advised I will take legal action. Has anyon had xperience with this company and what letter should I send them. The are discussing my request but I suspect they will decline. Any help much appreciated.

[fkofilee]

Personally?... Id take the £100... They settled your claim which wasnt bad even though they should have treated your fairly.

Where did you get the value of £1500 from?

[Johnboy024]

As I had to take out a ne phone contract, as I could not afford a new phone. The cancellation of this is £600.(cost of new phone). £424 which they have offered to replace phone. Plus £500 for not making reasonable adjustments dealing with me and for hurt and feeling.

[fkofilee]

I disagree... they have fulfilled their obligations to you, and made a gesture towards their treatment of you.

 

£500 is wayyyyyyyyyyyyyyyyyyyy too much in my opinion.

And the £600 for a new contract... Who with and what phone in question?

[Johnboy024]

02 refresh contract £600 to buy out contract which was essentially the cost of iPhone 6. Phone that was lost was iPhone 6. 5 weeks old . 3 months to deal with think £500 is fai. I didn't mention at the time that they also put a marker on my credit file suggesting fraud CIFAS. I got letter from bank advising me they were closing my account for commercial reasons. I spoke to a friendly person at bank who said they had fraud I fomation and to check my file. I did, called bank back challenged them and they agreed it was an error. The bank settled as gesture of goodwill payment of £450. So I believe this is fair

[fkofilee]

Okay well how prepared are you to take legal action? Thats the only way youd get that amount of money...

Who was the bank?

[Johnboy024]

The bank was Bank of Scotland. A premium account that included mobile phone insurance. I initially complained to them but they said it was nothing to do with them. The service was provided by a third party and not recommended by them. I'm 100% happy to take and proceed with legal action. This company need taken to task they hide behind listless group. They are same as protect your bubble and owned by Assurant. Lots of complaints online about them all. So yes happy to proceed against them, I'm assuming after review tomorrow the will stick to the £100. At which stage I want to issue them with notice of proceedings if this is way it is done.

[fkofilee]

Remember that you have to give them 7 days to reconsider with a LBA and then initiate the claim.

 

Once done it then falls under the Pre Action Conduct Protocols.

[Johnboy024]

Ok not sure if I know what to do. Can you direct me to find a pre action letter?

[fkofilee]

Maybe later when i get home. Im at work sadly, and for something like this it isnt just a straight forward template.

 

Plus the costs have to be true costs and not fictitious. That £500 may not cut it for damages as its a charge that cant be justified. Costs have to be justified in real terms.

 

IE £600 for a contract you have taken etc.

 

Have you take the £424 offer? This cant be included if you have accepted etc.

[Johnboy024]

I have accepted £324 (£100 excess) this was to be in my account today....it was not. They are now saying they want to deal with everything together. And are refusing to pay the claim money till we resolve the complaint. All calls recorded . Thanks any help appreciated. The £500 of my credit file, still not resolved, stress, breach of DDA is I believe worth £500

[TSx]

Costs would be limited to your actual financial loss. I'm guessing the £424 was the cost of a second hand replacement (in line with the policy) in which case you cannot claim for the £600 as that would have had to have been paid whatever. The £424 (£324) you can claim for as they haven't yet paid it - but once it has been paid, that's the end of that.

 

You can claim 8% statutory interest (£2.16 per month approx) from the time you had the conversation with their fraud team to the date the settlement is paid.

 

I'm not versed in discrimination law but I'm not sure how much of a breach this would be considered under the equality act (DDA has been repealed) - I would be surprised if it was as much as £500.

 

Your best route will always be the ombudsman first as it is free and they assess based on 'fairness' which is weighted much more in favour of the consumer. Whilst their award is binding on the insurer, if you are not happy you can escalate to court. If you chose to go to court first, they can only assess based on the legal merits of the claim and you cannot then ask the FOS to review the decision.

[fkofilee]

Great advice from TSX there...