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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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Can a commpany assume that if they post a letter (containing

Resolved Question:

Can a commpany assume that if they post a letter (containing terms and conditions) it is delivered ?
If the failure of the documents to be delivered means a client does not have insurance what is the position?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Did the client pay a premium for the insurance policy?
Kind regards
Customer: replied 2 years ago.

Ok. The client bought a puppy from a breeder and was told she had 4 weeks free insurance but was not told the name of the insurance company. The insurance company said they sent 3 reminders by post to take out a full policy but none ever arrived. Unfortunately the puppy needed an operation just after the 4 weeks which cost £6k. The client had tried to get the insurance details from the breeder but the breeder would not give them The client took out a policy before the end of the 4 weeks with another company but that had 15 day exclusion period.

Main problem is the first companies belief that because they say they posted the reminders to take out the full policy they can assume i has been delivered. They had a phone number but say they do not phone.

Expert:  Alex J. replied 2 years ago.
Thank you.
Unfortunately their is no contractual claim here because there was no relationship with the insurance company directly.
If the Insurance company did not actually send out the documents and are claiming they have then they may be in breach of good faith obligations and an obligation to treat the customer fairly.
The client should make a written complaint to the insurance company and say that they have not been treated fairly and the insurance company provided no evidence that they tried to send out the renewal documents. If they do not respond satisfactorily then the client should make a complaint to the Financial Ombudsman:
How much was the operation?
Kind regards
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

AJ. The operation was £6000 !

I believe that Sale of goods act will apply to the breeder as puppy considered 'goods' in law and so not fit for purpose?