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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Insurance Travel Cancellation Claim I have a RBS Black Card

Resolved Question:

Insurance Travel Cancellation Claim
I have a RBS Black Card which includes Travel Insurance AXA Travel Ins handle claims.
There is a condition since 3/13 which states (page 17 on variation notice)
Whats not covered:
Any bodily injury or Medical condition any medical consultation or treatment began before booking the trip.
They appear to be saying, , if you see a Doctor with a stomach pain and he thinks it will pass and you are OK to travel but 8 weeks later you need a appendix operation you are not covered. So if the Doctor cannot diagnose the problem on the first consultation you have a problem . Is this a unfair condition? Could it be tested in court. I would think the BMA would not approve?
John Goulding Tel 0161(###) ###-#### ***** *****@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

John my name is ***** ***** I will help you with this.

Alex Watts :

Have you needed to claim please?

Customer:

Yes AXA would not pay as I amended dates of flight around 16/9 saw Dr around 10/9 no treatment suggested. Not cancelled until 29/10 flight was due 9/11.

Customer:

Can I chat tomorrow or Monday. Grandson just arrived over?

Customer:

Regards

Alex Watts :

Sure. Speak then

Customer:

I am back online.

Customer:

I first would like your view on the booking condition and if you think it unreasonable . Would the Ombudsman consider having it tested?

Alex Watts : Whether a term is unfair is a matter more courts than ombudsman.
Alex Watts : But you should first complain to the financial ombudsman. They offer a free and independent service snd you should do this before any court actions. Their website is www.financial-ombudsman.org.uk
Alex Watts : Then if they do not uphold your complaint you could issue a small claim against the insurance company
Alex Watts : if it's under £10,000 it would be a small claim and you can issue online at www.moneyclaim.gov.uk
Alex Watts : You would ask the court to assess the term under regulation 5 of the unfair terms in consumer contract regulations. 1999 which states
Alex Watts : individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
Alex Watts : Can I clarify anything about this today please?
Customer:

Thanks Alex. I will ask the Ombudsman view and then the small claims court if that is the way forward

Customer:

Thanks prompt reply

Customer:

John Goulding

Alex Watts : Happy to help John
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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Customer:

Excellent help Thank you

Alex Watts :

Great. Please be kind enough to rate my answer before you go, the button should be at the bottom of the screen

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