Allianz not paying out on missed event insurance *** Resolved and GOGW***

[mynamenotjeff]

Hi everyone, I have been having some trouble with Allianz not paying out on an insurance claim I made regarding a missed event.

 

I bought tickets to an event back in July and caught covid, so I wasn't able to go. I subsequently made a claim with Allianz (as I had bought the tickets from ticketmaster and paid extra for insurance just in case). I provided proof of purchase, and proof I had covid. I heard absolutely nothing back from them after that. I made multiple phone calls, complaints, emails, and they were all ignored.

 

I then involved the financial ombudsman service to help sort this, on the 11th of November. I got a response from Allianz finally on the 23rd November saying my claim had been approved and to wait 5-10 days for payment. As you have probably guessed by now, no such payment arrived. I have re-contacted the ombudsman but frankly at this point its just ridiculous and I am asking whether I have any grounds for legal action against this company.

 

Thank you

[BankFodder]

Yes, you do. I would suggest that you cut to the chase and simply send them a letter of claim.

Have you actually had a decision from the ombudsman or simply some kind of recommendation .

You could post up what you received from the almondsman in PDF format

 

 

[mynamenotjeff]

Hi, thanks for the quick response.

 

To save a lot of typing I will attach the final decision from the ombudsman and the confirmation email from allianz

 

In short, they approved the claim and the ombudsman deemed it a fair response. They ended it there and said if there's any further issues to get back in touch and they would re-open the case 

 

 

Ombudsman decision.pdf Payment letter 2022 4516862 2022-11-23 200430 copy.pdf

[unclebulgaria67]

I would suggest you email them using the address on the letter.  Including urgent payment issue, in the subject title.

 

Email them a copy of the letter and tell them they need to issue the payment promised or you will issue a Country Court against them.

 

[mynamenotjeff]

Thanks, ill do that now

 

Not really hopeful for a response but from what ive gathered from other unrelated cases the general rule of thumb is give them about 2 weeks to respond before getting the ball rolling with court action. Is that reasonable or should I shorten that given I've really been waiting since July. 

[dx100uk]

you need to enforce the FOS Decision using form N322A

 

enforce it in a county court

or threaten to do so.

 

dx

[mynamenotjeff]

Thanks for the advice 

 

Ive sent an email to them, saying that I will be starting legal action against them. I got the same automated response I always get when I have sent emails so I expect nothing

 

I have a couple questions about form N322A though. Why would I use N322A as opposed to N322B? What would I require the courts permission for, since its a set sum that I am claiming for? Apologies if that's a daft question just trying to understand what I would be doing. 

 

 

[mynamenotjeff]

Just logged onto my twitter and noticed that the twitter feed for this thread was replied to by Allianz, who have also sent me a private message stating that it was probably an "administrative error" and that they will ask claims to reissue the payment.

 

I will keep everyone updated on whether they follow through or not 

[AndyOrch]

Quote

Why would I use N322A as opposed to N322B? 

 

N322A is an Application to enforce an award N322B is an Application for an order to allow enforcement of a decision or an ACAS settlement (Form COT3) that does not require permission to proceed

[mynamenotjeff]

Ah ok, that makes sense, thank you!

[mynamenotjeff]

Hello, hope everyone’s had a good Christmas. Sorry for the radio silence.

The lady who’s in charge of my ombudsman case got back to me on the 16th December, and told me the ombudsman decision is not legally binding yet, and to wait 2 more weeks and see. It’s been those 2 weeks now and I still haven’t gotten anything.

 

I have sent them an email back asking for next steps but frankly this is just getting annoying by now, especially when I’m basically being taken for an idiot and a fool when Allianz are sending me payment confirmation and saying on their twitter that they will pay me and never following through. (EDIT: lady in charge is out of office for another week so advice in the meantime, should I wait or get the ball rolling myself)

 

I will try and get the FOS decision to be legally binding and then maybe they’ll comply. In the meantime, is there anything more to be done? I’m tempted to seek damages for the pure stress and headache this has caused me the last few months, but I’m unsure if I have a case

 

Edited January 2, 2023 by mynamenotjeff
Update info

[Manxman in exile]

Are you 100% absolutely certain/sure/positive the payment has not been made into your account referenced in the letter from Allianz?

 

Seems odd to me that they'd send you two separate confirmations that they would pay and then fail (twice) to do so.  Especially when they seem to have discussed your payment and agreed it with FSO...

[unclebulgaria67]

Run up to Christmas tends to be very busy for Insurance companies.  Lots of claims and payments to make, with less staff to process them.

 

I would suggest contacting Alianz again this week.

 

The other issue is that Alianz are going through some changes at the moment, with staff being made redundant in some of their offices, with work being transferred to other offices.  I wonder whether this has been an issue affecting your payment.

[mynamenotjeff]

Hi, thanks for both your replies

 

I’m absolutely sure payment hasn’t been made yet. I was worried at first maybe I put the wrong details down or something but then I checked the details provided and they were right. I only really have one bank account I use for paying and getting paid so I would have definitely noticed, plus being a student if £150ish went into my account trust me I would’ve noticed!!

 

In regards to the second reply, I will send them another message some point this week and see what they say. It’s probably one of those where one person says they’ll do something and never get round to it, but I’ll chase them up 

 

Again, thanks for the help

[mynamenotjeff]

Allianz on twitter got back to me, and now I'm completely lost as to what to do next 

 

Please accept my apologies for the delay in responding. The payment message appears to have been sent to you by mistake on our end. Your claim, however, is still missing certain documentation. We will need a lab base test result or an NHS lateral flow submitted on the NHS website to support a covid related claim; however, we do not accept lateral flow. Please send us the necessary documentation so that the claims team can process your claim. Thanks

 

It seems they are completely backtracking on the payment confirmation they sent me. What's confusing me is, I have already done this months ago. For some background, they requested some further information on the 26th August. They requested 

 

- Anything from the NHS stating that you had covid after you submitted your lateral flow test to the NHS

 

I sent them a screenshot email on the 7th September (I missed the initial email, completely my fault) from the NHS showing a positive result and I thought that was that. For them to now say it was sent in error has caught me off guard to be honest. 

 

What on earth do I do now, I doubt I would be a fool to assume they have no intention of paying up.....

[Manxman in exile]

I'm probably being thick, but the links in respect of the two quotes below appear to reference forms for enforcing decisions and settlements reached via ACAS.  (???  )

 

Is that right?  This thread is about non-payment of an insurance claim, and although it's been referred to the FOS (not ACAS) my understanding is the FOS haven't made any decision about it yet  (??? )

 

On 13/12/2022 at 01:59, dx100uk said:

you need to enforce the FOS Decision using form N322A

 

enforce it in a county court

or threaten to do so.

 

dx

 

On 13/12/2022 at 11:18, Andyorch said:

 

N322A is an Application to enforce an award N322B is an Application for an order to allow enforcement of a decision or an ACAS settlement (Form COT3) that does not require permission to proceed

 

Of course I may be completely wrong and mistaken...

[mynamenotjeff]

FOS made a recommendation, it's not legally binding yet (once the lady in charge is back it will be, since its been the 2 weeks)

 

I think the form only applies when its got to that legally binding stage

 

N322A can be used for legally binding FOS decisions 

[dx100uk]

yes there are several threads here on enforcing  an FOS decision in court using N322a

just type that in our enhanced search box 'N322A'

 

dx

[Manxman in exile]

OK.  It wasn't clear to me but those forms seemed to be for enforcing Employment Tribunal awards and/or ACAS settlements.

 

 

Forgive me for asking another question but I'd like to make sure I understand this properly as I've no experience of FOS processes.

 

Isn't the email you posted up from Nikki Baron just an interim report arising from her preliminary investigation on behalf of the Ombudsman, and she's now actually closed the file under the impression that it's settled and that Allianz will cough up? 

 

It's not actually a formal ombudsman decision at all is it?  She doesn't appear to have decided anything.  She reports that Allianz have made an offer to pay up, you've accepted it, she thinks that's fair, FOS case closed.

 

I know you say she told you to wait two weeks, but was that just a "wait and see and if they don't pay up we'll investigate further" sort of thing?

 

But again, as with the court forms, I may be completely wrong!!!     Apologies if I am!

 

By the way - I'm not at all suggesting you shouldn't sue Allianz in court.  If they don't pay up I think you should sue, I certainly would.

 

I'm simply questioning whether you yet have (or will have) a FOS decision to enforce...

[mynamenotjeff]

Hi just another quick update.

 

Finally got through to them on the phone and they told me payment actually bounced back due to incorrect account details,

 

I am not sure how since the claim letter has the correct details on but anyway, they said to expect payment within 10 days so fingers crossed!

 

In response to your question manxman, you're correct, nothing decided it's just a recommendation.

 

I'm also not sure how the whole investigate further thing works but she reopened the file since there was an issue with payment.

[mynamenotjeff]

Hello again everyone

 

I’m afraid to say I have no idea what to do again, I received a call from Allianz saying that I’d get payment within 5-10 working days and that they were very sorry about the delay. 
 

it’s been those 10 working days now and again I have nothing. I’ve already contacted the ombudsman service but now they are not responding. Should I just begin to take matters into my own hands, it seems as though I’m just getting the runaround at this point and I’m just frustrated. 
 

 

[unclebulgaria67]

Even if you issued a court claim, you would be waiting for them to settle.

 

Try Twitter again.

 

Perhaps ask.  Are Allianz having financial difficulties ?  They promised to make a payment on x date, have made several promises since and still no payment.  Starting to worry that they have run out of money !

[mynamenotjeff]

Sorry it has been a while, I have been super busy!

 

This finally got resolved 11th feb, Allianz paid out an actually offered an extra £50 as a goodwill gesture!

 

Thanks for all the help everyone

[Manxman in exile]

Well persevered.

 

And thanks for letting us know the outcome.