Jump to content


  • Tweets

  • Posts

    • Which Court have you received the claim from ? Northampton   MCOL Northampton N1 ? Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?   If possible please scan redact and upload a full page copy of page 1 of the claim form.   This has been uploaded in my previous messages in the bundle of documents     Name of the Claimant ? Asset Link Capital (NO5) Limited   How many defendant's  joint or self ? Self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to./   14/02/2020   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Not relevant as his claim was set aside, and has now been brought to the court again by the claimant       Particulars of Claim   What is the claim for – the reason they have issued the claim? Please see bundle of documents in previous thread   What is the total value of the claim? £10,734.1    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes - this is one of the grounds for getting it set aside   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ?  Apparently 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I do not recall entering into an agreement with Barclays   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  It was, but it is not anymore   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Asset Link   Were you aware the account had been assigned – did you receive a Notice of Assignment? No - although they have provided a copy of the assignment notice in their bundle of docs for the hearing   Did you receive a Default Notice from the original creditor? I don't remember - but again a copy of a letter has been provided (see bundle on previous thread)   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No    Why did you cease payments?  2015   What was the date of your last payment? December 2015   Was there a dispute with the original creditor that remains unresolved?  I wrote to Barclaycard back in 2015 to ask them to send proof of the original agreement but they just sent me a reconstituted document which had no personal deals on relating to me   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes - step change took control and set up payments of £1 pm
    • I have had no such luck getting the tickets cancelled. So more help would be greatly appreciated. I have debt recovery letters now. I guess I ignore these and only respond when there is court proceedings?
    • On MCOL there are 2 times the case stay is lifted. Once between filing the defence and them submitting a DQ, and then again between them submitting the DQ and the court issuing one to the defendant.   Is that normal or is there anything I should be aware of?   Thanks as always 
    • It's difficult to advise what to do because there are so many ifs and buts. In the majority of cases where a PPC start a court claim they go all the way to the final hearing. However, in a minority of cases, and by no means a tiny minority, they have no real intention of going all the way to a final hearing. They know their case is rubbish and they know it will cost them a hefty wad to send a solicitor to court (remember solicitors' costs are capped at £50 at small claims).  They pretend they are going all the way to court to intimidate the motorist into giving in.  Yes, the pretence often includes paying the hearing fee.  Yes, UKPC often do this.  And no, they haven't produced a WS (so far). I suppose it depends on how much you have spent on flights (and accommodation?) and if this is refundable v the approx £250 at stake if you lose the case.
  • 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
      • 161 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

Insurance co. wont pay for medical claim


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6217 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

Hi,

 

I'm hoping that someone out there will be able to shed some light on something for me and tell me if the insurance company are right with what they are saying.

 

I had 2 flights booked for January, which had been booked for a few months, then in December I had IVF treatment, (which I didn't know I would be having when I booked the flights) which was all done prior to my flight date. The flight date was only 2 days after the treatment and I was in no way fit to fly or go on holiday, so I cancelled my flights.

 

I contacted my insurance company, completed a form and my GP sent a letter (which cost me £25), the response I got from the insurance company is:

 

We very much regret to advise you that your claim cannot proceed as your insurance policy excludes claims as follows:

 

"any claim directly or indirectly arising out of any medical condition which, at the time this insurance is arranged and each time you make arrangements for a trip or extend the original period of your insurance, affects you or any of your travelling companions, or as far as you are aware, anyone else on whom your travel-plans may depend and you are aware is likely to result in a claim unde this insurance"

 

from the information provided it would appear that you would have been aware for the need for treatment that led to cancellation as you would have been on a waiting list. We are therefore unable to recommend you claim for settlement.

 

Do you think this response is justified? I have accepted the fact that I've lost my money, I just hope I've done the right thing.

 

I have been with this insurance comapny, which is done through work, for 10 years, I have never claimed. It is an annual worldwide policy.

 

Thanks!

Link to post
Share on other sites

Do you think this response is justified? I have accepted the fact that I've lost my money, I just hope I've done the right thing.

 

Which response? Have you replied to them?

 

To expect anyone to declare that they have fertility problems is nothing short of absurd. Unless you were on a waiting list for IVF, that is. If you were, and knew you could be given an appointment at any given time, then yes, they have cause to refuse payment as they state.

 

Did you see what the letter from your GP said? I think a lot will hinge on how the dates work out. For example, if you had booked before your GP referred you for IVF, then you should be covered, and should fight it.

 

If you didn't see the letter, I suggest you contact your surgery in the 1st instance to find what it said.

Link to post
Share on other sites

I agree to disclose fertility problems would be absurd, however it still remains an elected medical treatment that resulted in you not being able to complete your holiday. Was the policy with Employee Advantage by any chance? They refused a claim by me after my mother took a panic attack and I had to cancel the day before my departure. They eventually paid out, but they did try to say thay as a depndant person I should have delcared her condition!

 

It's not the fact you had treatment, but that you scheduled it so close to an 'insurable event', like your holiday. If you had the treatment after you came back, it wouldn't have been an issue.

Link to post
Share on other sites

  • 1 month later...

It will depend on what information you were aware of at the time of purchasing the policy or booking the trip (whichever is later).

 

Obviously I cannot speak for your specific policy as I do not know the company. But our policies clearly state (normally in the Medical Warranty section) that "If you are aware of any medical condition at the time of buying this insurance or booking your holiday (whichever is later) then this must be declared to our Medical Assessment Department" - It also says "If at the time of buying this insurance or booking your holiday (whichever is later) you have received any advice, treatment, on medication for any medical condition within the 12 months prior to this date than this must also be declared." ..

 

It will completely rest on what the GP says. Ie. If your GP said that you first consulted him on 1st January 2007 with regard to your condition and you went ahead and booked a holiday on 2nd January 2007 - at the time of booking your holiday (2nd January 2007) you shouldve advised the medical assessment team.

 

I know it seems absurd and unfair - but from the insurance point of view - its all about risk. And by accepting the terms in the policy you have accepted to do this.

 

IF you PM me and tell me what company it is, then if it one that I deal with I can look into it and give you a bit further information.

 

Regards,

 

 

 

Matt.

Matt

 

___________________________

 

HSBC - Received an offer... sent LBA.

Aktiv Kapital - Referring me to GE......

GE Capital - Completely Ignoring Me...

Orange - Send s.10 DPA letter! :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...