Need some advice on taking my insurance company to court

[gwebstech]

Hi

 

Ive had a night mare with a bath leak in a rented house, and Axa using BVS to assess it. They blatantly lied about my claim, so obviously that i took pictures and asked them to show me where this alleged damage is.

 

ive read another reviewer saying that he applied got GDRP data from BVS and it helped his claim no end.

 

Can anyone tell me how i apply to get this data from them ?

he said it was GDPR but im not sure if thats the right data i need or not

 

thanks

 

Edited October 9, 2021 by dx100uk
formatting

[FruitSalad1010]

Click the link on this -> SAR

[gwebstech]

thanks, wasnt sure if that was just for financial institutions or not

 

ill get it done today

[gwebstech]

Hi

 

I emailed this on the 11th and they havent even replied at all, does the ICO even do anything about non compliance?

 

Theres just no help for people trying to get something done about companies like these, its really annoying

[FruitSalad1010]

How did you send the SAR, was it by e-mail, post or both?

 

Apologies I see that you wrote that you e-mailed it. Did you receive any response at all to your e-mail, even an automated one, also which e-mail address did you send it to?

Edited November 8, 2021 by FruitSalad1010

[gwebstech]

Just email, i thought that was acceptable after reading that link?

[gwebstech]

Hi

 

Its def their email [email protected]

 

i got it from their website i think, it didnt bounce but i didnt get an auto reply either

 

im not surprised with them tbh

 

thanks

[FruitSalad1010]

Have you ever received a reply after corresponding using that e-mail address, indicating that it is monitored and responded too?

 

While I think it is very likely your SAR has so far been ignored and will be, the statutory deadline to respond does not expire until end of day tomorrow.

 

Unfortunately there is still plausible to consider they may not have received your SAR, although this is unlikely.

In order to make this a slam dunk and I would send a signed SAR in writing to their address with proof of postage. I would also scan a copy of said document and send it to them to their e-mail address indicating they will receive a written copy and ask them why they have not responded to your e-mail on 11th October 2021.

I think when no reply is received to a SAR via e-mail it is preferable to do this after a couple of days in order that you don't end up extending the statutory deadline by several weeks.

[gwebstech]

Hi, ill print it and send it

 

im in no rush, these people are absolute **** and need to be brought to heel. Ive even considered suing them myself for the loss ill suffer when repairing my water leak claim

 

thanks

[gwebstech]

Hi

 

An update, I contacted Axa to get a FOI request too, they said they would send it and i mentioned that BVS hadnt replied and it didnt look good on Axa. They said they would send all BVS info as they were the data controlller? I questioned that and said that surely BVS should be sending me everything from their end- ie internal emails etc. BVS work with multiple big insurers so how can Axa possibly send me all the info im asking for. Axa havent replied but they obviously spoke to BVS about it.

 

That was yesterday and today i got a reply to my email to BVS from the case manager who was sorting out my insurance claim. She said if i had any queries to send them to Axa. This seems ridiculous to me, theyre obviously trying to hide as much info as possible. BVS dont even have someone dedicated to sorting out these kind of requests but they must store peoples data, so surely must be bound by the ICO?

 

thanks

[gwebstech]

Hi

 

I recently was insured on a rented property and the insurers refused to pay put on a leak in the bathroom. The assessors they used specifically stated that  there would be no payput as "the tenant had advised there was a hole in the bath when they moved in, and the landlord hadnt  done enough to repair the hole". The insurers specifically used this report to deny paying a claim. I am refusing to be ripped off by my old insurers and their scammy assessors, soive got nothing to lose by taking them to court. The fees are only £115 and the claim will be between 1-2k.

 

There is no hole in the bath, its a chip that the tenant covered with silicone. If an assessor cant see there is no hole in the bath then its clear that they didnt look and they didnt look because they had no interest in paying the claim anyway.

 

So, my question is - how can i best word my claim for the court? im assuming i should go along the route of breach of contract? can anyone give me any idea of anything useful i need to put into my claim so i ahve the best chance of winning?

 

Any advice will be very gratefully received and hope fully this will give other people the confidence to not take these scam insurers refusal to pay genuine claims.

 

thanks

[mantis shrimp]

Do you have evidence that whatever was described as "a hole in the bath" when your tenant moved in was not a hole through which water could flow?  Was this noted in an inspection by an agent on your behalf? If so, what does the agent say? Has the actual source of the leak been identified?

 

Before going to court does your insurer have a complaint or appeal process? Have you put forward your evidence to challenge the assessor's conclusion?

 

Have you considered the relevant Ombudsman?

 

It would be a breach of contract claim - in respect of the contract of insurance.

[dx100uk]

3 threads merged. for full history

 

dx

 

[gwebstech]

6 hours ago, mantis shrimp said:

Do you have evidence that whatever was described as "a hole in the bath" when your tenant moved in was not a hole through which water could flow?  Was this noted in an inspection by an agent on your behalf? If so, what does the agent say? Has the actual source of the leak been identified?

 

Before going to court does your insurer have a complaint or appeal process? Have you put forward your evidence to challenge the assessor's conclusion?

 

Have you considered the relevant Ombudsman?

 

It would be a breach of contract claim - in respect of the contract of insurance.

 

Hi

 

I look after the house myself, i only found out that the insurance company werent going to pay becuase of what the tenant said after i did a SAR. The leak was either from one of the pipes under the bath or the bath moving and water getting in, either way it was definitely not because of what Axa/BVS claim

 

Its blindingly obvious its not a hole so how they are so stupid or pig ignorant to deny a claim because of it staggers me.

 

I had considered the ombudsman, but after i made a complaint to them for an issue my dad had with being ripped off for boiler insurance i dont think ill ever bother again. They were useless. ive had the final word from my insurers, they told me to complain to the ombudsman.

[unclebulgaria67]

Suggest you contact AXA claims manager advising that you think you need to issue a County Court claim against them due to them declining a claim based on wrong information.

 

Give them say 48 hours to come back to you or you will start the Court claim process, issuing a letter before claim and then follow through with issuing the claim if necessary.

 

I think it is worth having the phone conversation with the claims manager first if you can and to record the call or send them an email to confirm the conversation you had, plus what you expect of them.

[gwebstech]

That sounds like a reasonable thing to do, it cant hurt my court case to do that so i will

 

thanks

[gwebstech]

Just one thing - it doesnt matter that i now no longer insure with them?

[mantis shrimp]

Not if they were your insurer at the time the claim arose. 

 

Anyway, from what you have said they don't seem to be trying that line.