Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Bicycle theft claim difficulties


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 654 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My son's bike was stolen on a trip to London.  He had locked it for 12 hours to a bike rack, using an approved lock and through the frame.  Bike rack is covered by two sets of CCTV.

The bike insurance was taken out two weeks ago.

The insurance company are being extremely difficult because the theft has happened within two weeks of taking out the policy.

They asked my son if he had any insurance that would cover it and he said he didn't but had had home contents insurance back until January which he cancelled due to having an operation.  

The insurance company are trying to imply that he was neglectful or couldn't afford that insurance, cancelled it, and took out cheaper insurance for his bike.

They have asked for proof of his operation.

The operation took place in February.  The first insurance was cancelled in March.

The new bike insurance was paid for in early May and covered the bike from the date it was paid for.

The trip to Glasgow was booked in April, my son stayed at a hotel booked in April, researched for "secure" places to lock bikes (with CCTV), emailed hotels asking if they had secure places for bikes.

The bike was insured during my son's stay in London.

 

The insurance told my son that if he didn't provide proof of his operation back in February (three months before the bike theft and three months before the new cycle insurance was purchased) they would refuse the claim.

 

They have also said that they believe he cancelled his home insurance because he "couldn't afford it" and bought cheaper insurance to cover the bike.   However he has never said this.  He travelled to London and stayed in a fairly expensive hotel for 1 night which would disprove that hypothesis.

 

The insurance company keep ringing him up and saying they are recording the call.  I suspect they are fishing for things he will say during the telephone conversation for them to go away and analyse and refuse the claim.

 

I am feeling very upset by this situation.  My son loved his bike, he had it for 7 years and because of his illness he can't get a driving licence so it's his only form of transport and helps greatly with his condition (managing long term mental health by going for relaxing bike rides).  I understand that the policy is very early in its inception (purchased less than 3 weeks ago) but the bike is still covered.

 

Any tips or advice, please?

Edited by Ottleswick
Link to post
Share on other sites

Who is the insurance company?  They sound terrible.

 

2 minutes ago, Ottleswick said:

...They asked my son if he had any insurance that would cover it and he said he didn't but had had home contents insurance back until January which he cancelled due to having an operation.  

The insurance company are trying to imply that he was neglectful or couldn't afford that insurance, cancelled it, and took out cheaper insurance for his bike.

They have asked for proof of his operation.

The operation took place in February.  The first insurance was cancelled in March...

 

Whilst I can understand that asking if he had any alternative cover* that would be more suitable in the circumstances might be a reasonable question, I can't for the life of me see what business it is of there's to ask why he cancelled his previous contents insurance or whether or not he's recently had an operation.

 

I presume that when he bought the insurance and they took his money they weren't interested in why he'd cancelled his previous insurance or whether he'd recently spent any time in hospital, so why would they need to know now?

 

I'd be inclined to write back to them and say you've supplied all the information necessary to make a claim and that if they don't pay up you'll be making a formal complaint and will take it to the ombudsman if necessary.  But before doing so, wait to see what others suggest.

 

*When they asked him if he had any alternative insurance cover he should simply have told them that he didn't - which would have been true.  But by volunteering too much information he may have unintentionally made the circumstances look "suspicious" to the insurance company.

Link to post
Share on other sites

I can understand the Insurers suspicions, but they have no rights to any information about operation or matters that were months before the bike insurance was taken out.

 

Where does your Son live in relation to London. Did he ride his bike from home to London ?

 

Has the CCTV footage being obtained ?

 

Theft reported to Police promptly ?

 

What is the value of the bike  ?  Did he Insure it for a specified value ?

 

What does it state in the bike Insurance policy about making claims, as to what information the Insurers require ? 

 

These type of policies are offered by Insurers who will attempt to find reasons not to pay claims and they will hope that the policyholder does not take any further action.

 

Course of action may be to threaten to take the Insurance company to the County Court, due to their attempts to avoid paying a  clam under the Insurance contract.

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

Link to post
Share on other sites

I suspect what the insurance company is thinking, but not saying, is something like 'young person - short of money - has faked the theft and bike hasn't really been stolen'. 

 

But suspecting that isn't grounds for refusing to pay a claim. They need actual evidence. All the stuff about having cancelled a home contents policy some months earlier is irrelevant really. As MIE says, if they'd thought it was relevant question at the time he took out the policy they should have asked the question then. 

 

I assume the information your son gave insurers when he took out the bicycle policy was all true and accurate? And all the information he has given to them about the claim is correct? If it wasn't I'm sure insurers would have grasped at any wrong information by now to reject the claim.  

 

What about the facts of the theft itself? Have insurers obtaned the CCTV footage? What did it show? Have insurers at any point asked for evidence that your son owned the bike? ie a copy of the purchase receipt. Did your son get a police report?

 

Have they suggested your son didn't comply with the security requirements in the policy for locking the bike up?

 

Although I think the operation is all a red herring they are using it as a way to argue that you refused to co-operate with their requests for information and that entitles them to reject the claim. They don't have any evidence the claim isn't genuine so they are trying to find some back door way of turning it down.

 

All policies have a 'claims co-operation' condition, something like this is typical: "It is a condition of your policy to provide all information and assistance we may require during the course of our claims investigations. Failure to do so may result in unnecessary delays and expense being incurred or your claim not being paid."  I wouldn't argue with them whether the information about the operation is a reasonable request. Just give them what they've asked for. Presumably you have some documentation that would show when the operation was.

 

Don't give them the opportunity to reject the claim on spurious grounds of non-co-operation. You'd could threaten FOS now but it'll be less hassle and much quicker to just give them what they've asked for if you can. You can go to FOS &/or court later if you need to.

 

Then let's see what other spurious reason they can think of not to pay! 

Link to post
Share on other sites

Ah my neck of the woods the bike was nicked then.

 

As it was Glasgow was the Bike actually in one of the Councils New Bike Secure Storage units at all?

 

Does he have photographs of where the Bike was Stored/Secured at the time?

 

As stated in a previous post was the theft reported to the police and a Crime Reference Number Given?

 

If the Police were informed was it pointed out the CCTV Camera and to obtain the footage? (you need to contact Police Scotland with said Crime Reference Number and ask if CCTV Footage Obtained)   (Note Glasgow has thousands of CCTV Cameras you virtually can't go anywhere in the Town Centre without been caught on camera but the criminals know this and hide from any camera with a simple hoodie)

 

You need to act fast to obtain any CCTV Footage if any showing the Bike been stolen as it may be recorded over after a certain Time Limit:

 

Couple of links:

 

This one shows the Secure On-Street Cycle Parking: (was the bike secured in one of these)

 

From the above link did he use the link displayed in that to find secure parking:

WWW.CYCLEHOOP.RENTALS

 

If not could he provide a link which he used to find secure parking and the exact location the bike was secured at

 

This link explains about Glasgow City Councils Public Space CCTV (they have thousands of cameras and I do mean thousands all over Glasgow and the Town Centre) have a good read of it and who to contact for CCTV Footage:

 

 

This link is to Glasgow City Council Policy on use of CCTV:  (make sure and have a very good read of this)

Note: this link is an automatic PDF Download

 

 

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

As the bike was Stolen in London l would advise you contact the MET but be prepared for them to be not helpful. 

 

Insurance company's are know to be awkward and will do anything to get out of paying. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...