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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been trying to get my claime settled for the death of

Resolved Question:

I have been trying to get my claime settled for the death of my horse for over three years, despite the ombudsman finding in my favour. The insurance company have put every obstacle imaginable in the way to avoid paying out. The latest problem has been a dispute over the valuation. I had him insured for £2,500 and my policy states that I should recieve the sum assured or the market value at the time of death, whichever is the lower. They have offered me £1,250. I have refused to accept this and I have provided three valuations all of which set his value above the sum insured. The last one I sent the omudsman put his value at between £3,500 and £3,750. I have also provided evidence to support these valuations, in the form of photographs of my horse at rest and competing, his competitions records and results. Also copies of adverts both current and at the time of death showing similar horses for sale priced above the sum assured. I am now waiting again as the ombudsman has forwarded the lated valuation I provided to the underwriters, lloyds. Do I still hhave to just sit and wait again or is there something else I can do? Can I give them a time limit? Can I threaten legal action? I am 56 years old and fit and well. I am concerend that I will not be able to ride by the time I get this resolved and I am able to buy another horse. Also the emotional toll this has taken has been immense and I have been unable to move on from the death of my horse and my best friend Bounty. Thank you for taking the time to read this. I do hope it makes sense.
Regards ***** *****
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello Mich my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know when your horse passed please?

Customer:

30th August 2011

Alex Watts :

You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Can I clarify anything for you about this today please?

Customer:

what do you mean by a refund?

Alex Watts :

Payment.

Alex Watts :

Does that help?

Customer:

Do I have to let the ombudsman know that I am doing this?

Alex Watts :

Yes you can.

Alex Watts :

But if the Ombudsman has concluded and I assume they have by the range of offer they suggest, then you can just take action

Alex Watts :

Does that help clarify everything for you?

Customer:

Initially I had a long batthle with the insurers they disputed my horse's age. Eventually the ombudsman found in my favour and instructed the insurers to pay me with interest at 8% to compensate for the length of time the case had taken, however they offered me well below what my horse was worth as I explained to you previously. I went back to the ombudsman when it became clear that the insureres were sending me around in circles again and ignoring all the evidence I put forward to support my claim. The Ombudsman recieved my last valuation at the beginning of September and they forwarded it to Lloyds the underwriters. I am very concerned that this will go on for another three years if I am not able to put a time limit on it.

Alex Watts :

Indeed. However the matter will be settled if you issue proceedings within 4 months

Alex Watts :

So it will be quick

Alex Watts :

It will be a small claim

Customer:

Okay thank you I will try this.

Alex Watts :

Great. Can I help with anything else today?

Ash and 2 other Law Specialists are ready to help you