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    • Email,. today from BW Legal    Without Prejudice Save as to Costs 09 April 2020 Dear XXXXXXX Our Client: PRAC Financial Limited Balance Due: £521.65 Hearing Venue: XXXXXXXX Original Creditor: Instant Cash Loans Ltd trading as Payday UK Original Account Number: XXXXXXX Hearing Date: 16 June 2020 We are writing to you because the court has listed our client's claim for a court hearing on 16 June 2020. We understand this is a difficult time for everyone, which is why our client is keen to resolve matters amicably by offering you the opportunity to pay a discounted balance on the sums due. We wanted to let you know that we are available to assist you throughout this time via numerous methods, from our Contact Centre, Webchat and our Customer Portal. We want to ensure that if you are or have been directly or indirectly impacted by COVID-19, that you still get to the best advice and reassurance about how to manage your account with us. Please call us on 0113 468 3021 or speak to us via Webchat so we can assist you at this time, we just need to understand your circumstances in order that we can help. Great News - 35% Discount Offer Our client wants to help with any possible financial burden that you may have and we are able to now offer you a pre-approved discount. This can be paid in one lump sum, or you can pay this over a pre-agreed instalment plan. This offer is open until 09 May 2020. What is even better for you is that you do not need to call us to accept this offer if this is affordable to you. Just log in, or register to use our Customer Portal www.bwlegal.co.uk and select "Customer Login". The pre-approved settlement and plan is ready for you to accept. You need to quote our reference, along with your address details and a couple of other security questions in order to register. Our Customer Portal is very easy to navigate and you can choose various different payment methods and payment dates. You can also use the payment calculator, view your account, statement and talk to us via Webchat if you need assistance. Strictly, without prejudice, the discount available is 35% from your current balance. If you do take advantage of the offer, the revised amount to pay will be £339.07 if paid by 09 May 2020. If you cannot afford to pay the discounted amount in full, do not worry. If affordable for you, you can still take advantage of the offer by repayment plan. We have a pre-approved monthly instalment amount of £20.00. The plan has been recommended to take into account estimated disposable income. We have also made it easy for you to accept the offer without having to call us. If this is affordable to you then simply log onto our Customer Portal and accept to pay the offer by instalments. You will be able to choose the first payment date and payment method. Once the offer has been accepted, we will withdraw the claim and notify the court that the hearing listed on 16 June 2020 does not need to go ahead. If you have filed a counterclaim, you will need to ensure that you inform the court and ourselves, in writing, that you no longer wish to proceed with the counterclaim. Important information about credit reporting When you opt to set up a discounted repayment plan, if our client already reports your account to a credit reference agency then they will continue to report your balance and payment each month. On receipt of your final payment, our client will then mark your agreement as closed with the status "settlement".   Yours sincerely, BW Legal
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JOHN LEWIS REFUSED CLAIM VIA COTSWOLD GROUP

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Even though my wife was assaulted in our own home and items of value were stolen, the insurance company are refusing the claim because they have it on record that we did not declare 2 accidental damage claims when the initial policy was taken out. (These claims were not missed deliberately, and purely missed off because I forgot I had made the claims)

 
Their reasoning is that had we declared the claims then they would have not allowed the policy to take place. The problem I have is that they employed The Cotswold Group to investigate the case, knowing already that they were going to reject the claim anyway. 
 
The Cotswold Group came to our house, made my wife relive the entire story again and cause her immense stress and anguish by doing so. If John Lewis insurance knew the claim was going to be rejected then why did they cause ourselves more anguish and pain reliving the story, as they could have just rejected the claim anyway at the outset.
 
The accidental damage claims were genuinely forgot as they were several years ago, and these were not missed off because we wanted to not let the insurance company know. We declared a claim for loss away from the home, as this was a claim which we remembered as it was for over 4000.00. It does therefore not make sense to make a policy, declare a loss claim and then also not declare two other minor accidental damage claims as if I had remembered the other claims then I would have declared these. 
 
Is there anything I can do, John Lewis are cancelling the policy, refunding our premiums and I have said I will raise the case as a complaint as I feel that we have been let down. The accidental damage claims would not invalidate the policy, though RSA underwriters are saying they would have not allowed us the policy had they knew we had 2 AD claims and a loss away from the home claim. They even tried saying we had not declared 3 AD claims, but we only knew of 2 which were advised to us by John Lewis, but Cotswold Group said it’s 3. 
 
We we are hoping they change the decision, but I am wondering if I take this to the FOS is there a chance they will overrule the insurers and accept the claim.
 
many thanks.

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All the Insurers have to evidence is that they would not have offered you Insurance had they known about the other undisclosed claims. 

 

If they can evidence this, the Insurance is void from inception and the Insurers may not offer any refund of the premium paid, if they can justify retaining it, as they have incurred costs.

 

The question is how to do you get them to evidence that no Insurance was available with all of the claims declared ?  This is where the FOS can help, as they will request a copy of the Insurers underwriting guidelines and other documents to support them not offering Insurance with all claims disclosed.

 

So yes get a final response from Insurers, go to the FOS and see what happens. You could make a GDPR subject access request for all of your data, just in case this reveals anything helpful.

 

 


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They are paying the premiums back, but not accept the claim and want to cancel it from inception. I will get them to see if they will send me underwriters guidelines, if not will get FOS to get them for me. Thanks. 

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It sounds as if you may have come up on the CUE database for these claims. I expect unclebulgaria will know if you can query what they know about you, it might be worth checking.

 

https://www.mib.org.uk/managing-insurance-data/mib-managed-services/cue-miaftr/

 

HB


Illegitimi non carborundum

 

 

 

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Thanks I’m waiting to hear from RSA in regards to this, as their exec team is looking into for me. I don’t hold out much hope, but I’m hoping they will allow us the claim. As genuine mistake and not deliberate is what they advised me today from the Cotswold Group. That’s why they are paying the premiums back.

 

ill try and do a SAR and see what appears on their and unclebulgaria can you let me know.

 

thanks

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