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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Dear Sir / Ms I have had an ongoing problem with my travel

Resolved Question:

Dear Sir / Ms
I have had an ongoing problem with my travel insurance which I have insured through my Bank
Over 2 years ago while I was on holiday at my apartment in Thailand a few days before I was due to return to the U K I had pains in my chest and went to the Hospital had a check up and I was admitted into hospital immediatly as I had a heart problem, the next day I had a Coronary heart operation , I was in hospital for 3 days I had to cancel my return flight to the U K for a later date
The travel insurers were sent all the documentation from the Hospital , I was then passed from person to person location to location ending up with another person and having emails passed between us a total approx 255 and her latest email has said the claim has been denied it had taken her over 2 years to come to this decission
I have consulted the Ombudsman and after many emails between us the insurers the insurers have now said that they accept payment to my claim
I have now been waiting for the amount that they are going to pay to cover the payment that I paid the hospital
Is it possible that I can claim for my wasted time as I am a business man and time is money , it has taken 2 years with the many emails 255 plus the many emails to the ombudsman
Regds XXXXX XXXXXon
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify with you please whether you formally referred the matter to the Ombudsman and they decided in your favour or did the insurance company back down before you did this?

Customer:

It was only after many emails that I sent to the Ombudsman and the Ombudsman was in contact with the insurers that the insurers said that they would pay

Customer:

I am waiting for an answer from the Ombudsman for the amount that they have said that they will pay

Customer:

As said I have spent many, many hours on this claim and I would like to claim for the amount of hours that i have spent needlesy of my time

Joshua :

Thank you. The Ombudsman has jurisdiction and power to award compensation for distress and inconvenience. The Ombudsman defines distress as including embarrassment, anxiety, disappointment and loss of expectation. The degree of distress involved can vary widely; it can be little more than a relatively minor annoyance or, in certain cases, may cause serious worry, loss of sleep or even prolonged ill-health. It defines inconvenience as any expenditure of the customer's time and/or effort that has resulted from the firm's conduct.

Joshua :

It will typically not award compensation for relatively minor administration on the part of a customer but if you can point to necessarily many hours of your time being taken as a consequence of the firms conduct then you can make a claim for compensation.

Joshua :

If the matter is presently being dealt with by the Ombudsman you will wish to consider making a claim under the above head as soon as possible in order to ensure it is taken into account in the Ombudsmans determination.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

Would it be possible for me to make a claim for the many many hours that I have spent on this claim for the amount of my wasted time , I am a businesman and time is money

Joshua :

Yes as above the Ombudsman has powers to award compensation for inconvenience which includes wasted time. it will not tend to do so for minor issues - i.e. limited time being spent on completing complaint forms and so on but if you can point to substantial amounts of your time being taken up as a consequence of the conduct of the insurer then a claim can be sustained.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello Joshua , If I wanted to take his complaint further who would I contact ? Small claims court or Citizens advice and how does one go about doing it


 


Regards XXXXX

Expert:  Joshua replied 3 years ago.
Do you mean beyond the Ombudsman please?
Customer: replied 3 years ago.

 


Hello Joshua


 


You have confirmed what I was expecting


 


I had replied to the Ombudsman that I would reconsider accepting payment , and I have asked the Ombudsman the amount that they would pay


Up to this present day I have received nothing


I have now decided to go to make a claim for the many ,many hours of mybtime


 


Please inform me what channel should I now go to XXXXX or small Claims Court

Expert:  Joshua replied 3 years ago.
has the Ombudsman made a determination yet in the matter?
Customer: replied 3 years ago.

 


Hello Joshua


Could you please reply to my answer regarding who do I consult about going to court for a claim for the wasted hours re my time


Citizens Advice . or Small claims Court ?


 


Regds Brian A

Expert:  Joshua replied 3 years ago.
Could you tell me has the Ombudsman made a determination yet in the matter?
Customer: replied 3 years ago.

No I have not had any more contact with the Ombudsman


 


I am waiting for your reply about who I should contact to lodge a claim


 


A reply A S A P would be apreciated


 


Regds XXXXX XXXXXon

Expert:  Joshua replied 3 years ago.
thank you. If you have launched the formal complaint with the financial ombudsman, initially, you may give consideration to waiting for a determination. You are able to either lodge a formal complaint if you have not already done so with you have, as you additional claim for the time you have spent unnecessarily dealing with the matter. As above, the that has authority to award compensation in this respect.

If you are not satisfied with the ombudsman's determination, you can elect to issue proceedings in the County Court instead they have a determination does bind insurance company.

alternatively, you can issue proceedings in the County Court at any time over the courts relatively unwilling to award damages for time spent unless you can demonstrate actual loss of income due to the other party's and reasonable conduct
Customer: replied 3 years ago.

I am sorry as I have made another application and paid for another one , which I am waiting for it to be processed


 


I want to know how and what do I do to make a listing for the County court for my problem to be heard


 


 

Expert:  Joshua replied 3 years ago.
many people choose to use the financial ombudsman service initially at least because it is free charge and has the power to make binding determinations against the insurer

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

if you are not happy with the ombudsman's decision, you still have the right to issue proceedings in the Small Claims Court afterwards
Joshua and 2 other Law Specialists are ready to help you

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