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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46197
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased a chair which ws supposed to be leather but now

Resolved Question:

I purchased a chair which ws supposed to be leather but now a coating is peeling of leaving a surface which in no way looks like leather I have contacted the staingard insurance to be told I should have reported this within 7 days unforunately due to the breakdown of my marrige and moving house I did not realise it had insurance now when I try to claim they tell me I cannot claim as its outside the 7 days . Is there anything I can do as being disabled I cannot afford to purchase another chair
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

When did you buy the chair?

Customer:

18 July 2011

Ben Jones :

have you checked the policy to see if you were required to report it within 7 days?

Customer:

Yes the company I purchased it from emailed me a copy which stats a claim should be made no later than 7 days after the event

Ben Jones :

You would have had two sets of rights here – statutory and contractual. The statutory ones are given by law and relate to the requirement of the item to be of satisfactory quality. However, these apply from the time you purchased the item and must be reported within a reasonable time, usually a month or two after purchase. If you purchased the item nearly 4 years ago it is highly unlikely you can rely on these rights now to do anything.

Your contractual right would be under the contract you had with the insurance and would be defined in the policy you had with them. You are bound to follow these terms and the company is obliged to do the same in return. If you had a specific requirement to report faults within 7 days but you did not do so, then you have not followed the terms you were expected to and cannot make a claim in return. The insurance company is not at fault for refusing to consider your claim if you have not met the contractual requirements stated in the terms.

Customer:

unfortunately I did not have a copy of these terms until today only a copy of an invoice that was on my old laptop that my ex husband had possession of

Ben Jones :

were you issued with these terms when you took out the policy?

Customer:

I have no idea as I stated only an emailed invoice which i found yesterday when I was given a laptop by my daughter

Ben Jones :

you will have to find out whether at any point you (or your ex husband) were issued with these terms - if you were, regardless of whether you knew about it nor or not, you would have been expected to adhere to these terms. Your only claim would be if you can show that you ere never issued with these terms

Customer:

thank you for your help

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46197
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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