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Posted (edited)

I'm unsure where to post this,

 

I added FLP to my home insurance

 

I needed to call on this policy therefor, sought legal advice through my home insurance policy.

 

The policy referred me to a company (outsourced but covered under the policy)

Initial merit test concluded I had over 50% for a successful ET claim, a solicitor was appointed,

whilst the solicitor was compiling an ET1claim form,

I was advised to contact ACAS to obtain ET certificates,

unfortunately,

ACAS helpline failed to advise me correctly,

this resulted in me completing an ET1 claim form in error.

 

Realising my mistake,

I rectified my error with ACAS &the ET service on the same day.

 

Several days later, my appointed solicitor issued the ET1 claim they were in the process of compiling.

 

2 weeks after rectifying my error,

I received a “withdrawn” certificate from the ET service claiming I had withdrawn my claim;

I forwarded this onto my appointed solicitor for clarification.

 

Turned out,

the initial form I completed was an ET1 claim,

I was unaware at the time,

following me informing the ET service I made an error,

the ET service read this that I’d withdrawn my claim.

 

Under rule 51 & rule 52 ET,

you cannot submit an ET1,

withdraw,

and then resubmit another ET1

 

The company my solicitor represents decided to cancel my FLP cover,

citing I mislead them by not disclosing I made an ET1 claim,

at the timeI filed the form out (ET1) I was under tremendous pressure,

and under GP treatment due to the issues that instigated my ET claim.

 

I explained numerous times to my legal appointees my error was based on the advice I followed from ACAS helpline,

 

My legal appointees refused to budge,

despite all the evidence (emails, telephone calls to ACAS / ET and my deteriorating health) my FLP was cancelled.

 

I sought alternative legal advice, currently; I’m £7000 out of pocket.

 

I went through my legal representatives complaints procedure,

my formal complaint wasn’t upheld, again,

citing I mislead them bynot disclosing the initial error I made, thus, chances of successful outcomehad dropped below 50%.

 

Based on the actions of my legal representatives, I registered a complaint with the legal ombudsman (including official documentationof the appeal hearing)

The legal ombudsman service does not uphold my complaint, agreeing with the legal company,

i.e. I should’ve informed my legal representatives of my initial error, allowing them an opportunity to rectify it, in hindsight, I believed I’d rectified it.

 

As my initial error was rectified the same day, I didn’tthink it was as important in comparison to all the other issues I was experiencing.

 

As a footnote, I had to appeal against the decision made inrelation to the “withdrawal” certificate, that hearing went without issue, the respondents and the ET judge accepted, I made a genuine error, my appeal was upheld,allowing my ET claim to proceed.

 

I genuinely made an error, accepted by the judicial system, albeit at appeal.

 

Whilst I accept the decision of the legal ombudsman’s service,

given my initial legal representatives were fully aware of my medical condition and anxious state at the time I made the error,

I believe, morally, mycomplaint to the legal ombudsman should’ve been upheld.

 

The question is,

as the legal ombudsman has failed to uphold my complaint,

is it worth me issuing a complaint to the insurance ombudsman?

Edited by dx100uk
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You can try the FOS, they may or may not take it on, if they believe the complaint to be about policy administration rather than the legal merit.

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Thank you, I'm unsure where to take if, if anywhere, the fact I've had an insurance policy now cancelled, may create difficulties when obtaining future insurance, albeit, at no stage did I intentionally mean to mislead, which is what the company claim I did.

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Thank you, I'm unsure where to take if, if anywhere, the fact I've had an insurance policy now cancelled, may create difficulties when obtaining future insurance, albeit, at no stage did I intentionally mean to mislead, which is what the company claim I did.

 

Go to the FOS to complain that you were unfairly treated by the legal expenses Insurers. Explain everything that happened as above.

 

The cancellation is not something that will cause you a problem and you need not mention this each time you take out Insurance. These FLP policies are mostly fixed priced add ons to Home Insurances. The reason for cancellation is not saying you did anything dishonest, but your actions in not telling them about the error straightaway, did not allow them to be confident to act for you. I think they were probably wrong in cancelling, based on what you have said.


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Thank you uncle,

 

Just one question, in the event my complaint to the FOS is upheld (and that's a big if) any idea what sanction the FOS can impose / award?

 

Am I likely to get back (currently) £7000 I've already paid out?

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Thank you uncle,

 

Just one question, in the event my complaint to the FOS is upheld (and that's a big if) any idea what sanction the FOS can impose / award?

 

Am I likely to get back (currently) £7000 I've already paid out?

 

That would have to be worked out and I am not sure what the basis would be. They might not tell the Insurers to pay you the full £7k, but an amount that is calculated after looking at what they think is reasonable to cover, based on the policy terms.


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

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