Hello my name is ***** ***** I will help you with this.
What is it you want to achieve ?
You are locked in on a contract to the phone you have lost and the insurance wont pay out - is that right?
I assume the insurance didn't pay out because they say that you should have kept an eye on it, ie in your control?
No, they said it was because the sim wasnt in the phone but it was and also they said because the phone hadnt been in use, true! but the mobile number that the contract covers for the Galaxy is the one still being used in the Blackberry anyway
I have to go out so will have to come back to this either later or first thing tomorrow
Ok - the SIM attached to the number you still have, so you want to keep the number.
I don't quite get what it is you want to achieve?
I thought I had explained the position quite clearly-the phone is insured for theft yet the company will not replace it because they say it wasnt in use even though the number was, if we dont get a replacement it means paying the £37 per month for the rest of the contract and also having to pay the £550 for a new phone-is that fair? why should they get away with not replacing it the insurance was paid for the handset whether used or not!
Have you yet complained to the Ombudsman please?
I would go to the Financial Ombudsman. They regulate all insurers. They are free, independent and can examine your complaint for you. Their website is: www.financial-ombudsman.org.uk
If they do not uphold your decision then you can go to Court.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
You advocate a series of actions to take but dont say whether we have a good case against this decision
I think you have a 55% chance of winning
Does that help?