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Nationwide unaccepted insurance contract

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Thank you for getting back

 

My lease-related issue was a very time sensitive case.

 

If it was not started immediately, the solicitor was very certain i would permanently lose it due to time bar according what he said last December .

 

It doesn't make any difference for me whether i can or not enjoy the policy by now.

I really had enough and wish i want to turn the chapter as soon as possible with a quick solution.

 

FCA - the insurer has behaved so badly and been so arrogant, and they should be investigated and regulated accordingly

Edited by Unemployed

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If banks sent documents with altered contents, or only-title-right document to someone who is investigating their client's complaint, in order to mislead the investigator, would banks commit falsifying documents?

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Thank you for getting back

 

My lease-related issue was a very time sensitive case. If it was not started immediately, the solicitor was very certain i would permanently lose it due to time bar according what he said last December . It doesn't make any difference for me whether i can or not enjoy the policy by now. I really had enough and wish i want to turn the chapter as soon as possible with a quick solution.

 

FCA - the insurer has behaved so badly and been so arrogant, and they should be investigated and regulated accordinly

 

If you don't want the Insurers to pay your legal fees related to the lease issues, what are you wanting to achieve as your ideal result ?

 

I can't see any quick solution. Unless you can get a newspaper finance journalist involved from say the Daily Mail, who finds your case interesting. Or your local MP. Any official complaints process such as FOS or taking Insurers to court will always take months.


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Hello there.

 

Can you give us more detail please? Also, is this anything to do with your insurance complaint?

 

HB


Illegitimi non carborundum

 

 

 

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Thanks. I have found BBC has a channel for consumers to submit their stories. Did you came across such a case in this forum?

.

I did meet my local MP last year physically. I am thinking about what you said.

.

The insurer appointed solicitor in December 2015 said in his assessment report that I would not have a chance to win the lease related dispute if the legal action wasn't take place immediately with the landlord due to my case subject to time bar by law.

 

As one year has gone and there would be no chance for me to win now even if the insurer were willing to pay the legal fees now.

 

The insurer's failure has caused this consequence to me

 

Hello there.

 

Can you give us more detail please? Also, is this anything to do with your insurance complaint?

 

HB

 

It was intended as a general query for clarification.

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I would think it would be more appropriate to ask the fos that

as they are the ones that are already dealing with your issue.

 

 

dx


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Why did the Insurers appoint a Solicitor if the lease issues were not covered ? Seems a bit strange.

 

The Insurers that underwrite legal expenses claims are usually reluctant to pay out claims, unless they were satisfied there was a good chance of success.

 

If you were advised there were time issues with any legal action, what other options did you look into ? Did you seek any other advice ?

 

Seems to me that you have a very complicated claim you are now seeking against the Insurers, which might take years. The only possible way you can resolve more quickly is getting media interested and also continue with FOS complaint. Unless you have deep pockets, suing your Insurers is not an option.


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As you said, these days insurers do everything to not honour claims.

.

This was how they tried to deliberately kill your case against the spirit of insurance:

I was initially launched a claim against an incident happening in 2011 when I launched my claim in September 2015.

 

The insurer immediately refused, saying that any claims related to lease would be excluded as per my policy.

 

because I know it wasn't true according what I was told and as per the documents i received in 2010, 2011, and 2012, I told them i would have to complain about it.

 

After hearing this, the insurer told that lease-related claims WERE covered before May 2010 by quoting two actual policy terms stated in the amendment which they alleged to have sent to me.

 

i was misled to claim against an incident in 2009 but I could have realised that my claim would be subject to so-called time bar, falling into the trap set by the insurer.

 

The solicitor assessment thereby was indicating my claim would extremely likely be subject to 6 years time bar without a good chance to win.

 

The Insurer set up another trap:

in its decision letter, it advised I could obtain a second opinion at my own expense which will be reimbursed if the opinion was positive.

 

The insurer didn't mention anywhere in the letter or by any other means that the reimbursement would be subject to its approval or evaluation.

It looks an unconditional promise.

 

The cost was huge to obtain a second legal opinion , starting from £2000 in advance for reviewing my documents. I could not afford given my situation.

 

I wanted to have a second opinion as i know i had a winning case.

It took me some time to manage to borrow the money.

 

Just before I started to obtain the second opinion, the insurer said the reimbursement had to be subject to the insurer's approval.

 

The insurer told me that it could refuse to reimburse even if the second opinion was positive.

 

After I going through all these with the insurer, I know the insurer wasn't worthy anything trust and I knew I would not likely get reimbursement but ended up having anther battle. Therefore I gave up to having the second opinion.

 

From these, you could clearly see how manipulating it was given that the insurer handle countless claims each day and came across all kinds of situations.

 

They know I could afford and then they said you could have a second opinion at your cost. Once you said you were ready to have a second opinion, then they said they had the rights to refuse your reimbursement request.

 

From these, you could clearly see how manipulating it was given that the insurer handle countless claims each day and came across all kinds of situations.

 

They know I couldn't afford and then they said you could have a second opinion at your cost.

 

Once you said you were ready to have a second opinion, then they said they had the rights to refuse your reimbursement request.

 

To comply with the laws, if the insurer was a fair player, it should have clearly indicated the reimbursement subject to their approval.

 

It is such an important product information.

 

On the contrary, It is a hidden condition unfair and unacceptable

 

Thank you, DX.

 

I was thinking someone who might have the relevant knowledge or had similar experience could share their opinion.

 

FOS don't seem to answer general questions as far as I know.

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So when exactly did this lease issue arise ?

 

How did you become aware of it ?

 

When did you first raise the issue with the freeholder or their agent/solicitors ?

 

Is this lease issue unique to you or are other leaseholders affected ? If other leaseholders are taking action, because they are also affected, then it might be worth making enquiries.

 

When did you approach your Insurers to make a claim ?


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The insurer has never disqualified or rejected my claims due to any failure to report the incidents to the insurer on time.

 

The insurer accepted my claim in September 2015 against the incident happening in 2010 after I clearly explained to them how and when I knew the issues for sure in 2015.

 

The lease issues were complicated and happened in a few years, by different landlords, and related to different lease terms.

We haven't had any access to the places where the disputing incidents happened.

We had to rely on the authorities or third party for certainty of that kind of information before I could approach the insurer to make a claim.

 

Once it looked certain that my lease was breached in September 2015, then I made my formal claims to the insurer.

 

However, my current complaint is that insurer has failed to advise me of its amendments it claimed and made me believe my policy remain unchanged in years, thus causing a damaging and profound loss to me .

 

Would issue reporting time be relevant when my complaint is or was considered?

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You have to notify Insurers within a certain time period of finding out about an issue you want to claim for.

 

If you failed to do so or had already taken action which compromised their ability to assist with legal actions, then you would risk not be able to claim.

 

At the time of your contact with Insurers, it seems the date of the lease issue being known to you was unclear. It then appears that Insurers Solicitors agreed to look into it.

 

The Insurers then found out that the lease issue was known you after the renewal in 2010, when they had withdrawn cover on their policy for lease issues. You had not received Insurers policy changes information with the renewal in 2010, so were unaware of this until you were advised after the claim in 2015.

 

The date the lease issue arose is highly relevant to you in regard to legal claims under statute of limitations and other relevant law.

 

You need to know whether others leaseholders have already submitted legal claims against the freeholder, because they may have done so within the limitations period. Although you are a separate party, i would question whether you could join in with the legal claim being made by fellow leaseholders. If you can find out, then raise the question in the CAG legal page and someone might know whether this is possible.


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Anyone tampering with official documents commits a criminal offence.

 

In the early '90s I defended a union member who got sacked for leaving the site early.

 

The manager had written a note in the log book about his behaviour making very serious allegations all false.

 

Guy was black, manager a racist (I rarely use this word but in this case it was true racism).

 

The bloke got sacked based on manager's evidence of leaving early.

 

We got hold of the original log book entry in an unofficial way but when we appealed we asked for a copy to prove that the guy had signed out on the same page.

Magically the log book copy was missing the manager's false allegations and sign out signature.

 

Armed with original copy I marched to the head office and (I'm not ashamed to say) threatened the big boss with taking that to the police.

 

There was no appeal, the bloke was re-instated (on a different site) and paid the 4 weeks wages he had lost.

 

The big boss was a decent guy and after a couple of weeks somehow the racist manager moved to another firm (pushed out)

 

Moral of the story: If they have disclosed falsified documents, they've committed a criminal offence.

 

However things have moved on since the '90s and nowadays unless you have undeniable proof of wrongdoing the police will not get involved and big companies know this very well.

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I should clarify. There are 2 very important questions.

 

When did the lease issue arise ?

 

When did you become aware of it ?

 

These are crucial to your claim with Insurers and against the freeholder.


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Thanks for what you shared.

 

Alterations or added marks on documents should be tolerant if they were not intended to mislead, I believe.

 

But I meant someone deliberately altered important information on a document or submitted an evidence document with a required tile but with irrelevant content, in order to mislead someone's judgement for a decision in their own favour.

 

I should clarify. There are 2 very important questions.

 

When did the lease issue arise ?

 

When did you become aware of it ?

 

These are crucial to your claim with Insurers and against the freeholder.

 

They are very crucial.

 

I have had no access to the places where the incidents happened.

 

I could not make speculations or lie about incidents happening times which I was not certain due to having no access to the incident sites.

 

I know incorrect information would impact my insurance claims directly.

 

In September 2015, I had honestly told the insurer how and what I knew for sure about the incidents happening times.

 

Considering what I told them, the insurer were happy with my explanation and stated that I were under the cover for the incidents happening in 2009 and a solicitor was assigned to my claim in its email and letter in 2015.

 

Again, my current complaint is about the insurer failed to advise me of the amendment in 2010 and its failure caused serious losses to me.

 

I won't believe the insurer would pick up this area to play.

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To be honest, i don't really understand what you mean about incidents and why you did not know about them.

 

If you had cover for said 2009 incident and Insurers accepted your explanation about not knowing, then why did they not assist with that ?

 

If there were incidents after the renewal in 2010 and the policy was amended to exclude lease issues, i could understand that.

 

If you could prove that Insurers had not notified you of contract changes, then you might have a case.


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To be honest, i don't really understand what you mean about incidents and why you did not know about them.

 

If you had cover for said 2009 incident and Insurers accepted your explanation about not knowing, then why did they not assist with that ?

 

If there were incidents after the renewal in 2010 and the policy was amended to exclude lease issues, i could understand that. If you could prove that Insurers had not notified you of contract changes, then you might have a case.

 

The 2009 incident claim was rejected due to the legal opinion on the chance to win.

 

The local authority ombudsman stated in its investigation report a lease breaching incident happened after 2009/2010 in its 2015 report.

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Go back to the FOS and raise concerns that what they have sent is a reproduction of a document the Insurers might have sent, but you did not receive, as you kept everything received.

 

Ask the FOS to obtain evidence that the Insurers actually changed the policy wording at the time of your renewal in 2010. The evidence might be a copy of the policy wording they were issuing for new policies at the time of the renewal. Insurers do keep policy wordings, so they can see what has previously been sent.


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Hello Mr Uncle

 

What you said in your last post has been done:

FOS received the amendment document entitled 'Your Home Insurance Policy Changes' from the Insurer two weeks ago and has forwarded a PDF copy to me.

 

The insurer claimed that in April and May 2010 they sent this leaflet to me twice, attached to the renewal documents in two letters.

 

I have never received any of them in 2010, 2011, or 2012 while the Insurer claimed had always sent this document to me when renewing my policy each year from 2010 to 2012. I did confirm this to FOS again.

 

I read through the amendment, Your Home Insurance Policy Changes, which was supposed to indicate an amendment details about removal of lease dispute cover but you won't see a single word about it! Plus,

 

In its decision letter in November 2015, the insurer quoted something as a actual wording of a policy term of the amendment, which is not found in the leaflet.

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So your next step is to go back to the FOS pointing out that what has been sent did not act as an amendment to the policy wording to exclude lease disputes. It does not mention it at all.

 

Come back, when you have had a response.


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sadly,

FOS adjudicator has made the unfair decision last week.

 

When I pointed out the document didn't serve the purpose yesterday,

 

this adjudicator told me he/she only took face value of the document

- he/she didn't spend a minute to read the document itself once finding the document title matches .

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So reject the decision and ask fhe Ombudsman to review your case.

 

I was looking at the FOS site recently. Quite often the Ombudsmans don't agree with adjudicators.


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Hello, everyone

 

After something like reporting falsifying documents is sent to a big company's compliance department, what will the company have to do by laws? Anyone have an idea?

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If they know or have reasonable suspicion that the documents have been tampered with, they should report it to the police or other relevant authority.

I.e. If documents have been disclosed by an NHS doctor, contact NHS and possibly gmc.

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So reject the decision and ask fhe Ombudsman to review your case.

 

I was looking at the FOS site recently. Quite often the Ombudsmans don't agree with adjudicators.

 

Hello again,

 

I have followed your advice to requested all the data by sending them SAR letter. However after 40 days my recorded mail with a postal order £10.00 enclosed was delivered to the insurers, they replied to me asking me to contact its underwriter directly for those data. I received the letter on 20/01/2017 while it was dated 07/01/2017.

 

ICO advised me yesterday to contact the data protection officer of the insurers directly, requesting them to provide any data they held on me.

 

In view of the above, any advice, please?

 

Hello Mr Uncle

 

I am thinking about taking the insurers to the court. Shall I go for a Consumer law solicitor or insurance law solicitor?

 

Your feedback to be greatly appreciated as always!

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