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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In November last year we noticed a pea sized lump in our dogs'

Resolved Question:

In November last year we noticed a pea sized lump in our dogs' neck and mentioned it to our vet who sent off a sample to the lab for biopsy. The result came back as absolutely nothing to worry about so we totally dismissed it from our thoughts. We changed insurers to Animalfriends in April and earlier this month took her back to the vet to examine the lump which had got much bigger. More biopsies were taken which again showed nothing to worry about but the vet thought it might be prudent to have it removed and referred us to Abbey House Vet Hospital, Leeds where the resident oncologist Mr. Neil Palmer sent further samples off to the lab for more intense testing. He spoke to Animalfriends regarding insurance and was told that they would not pay as it was a pre existing problem even though he disputed that and told them that this lump was different to the original. What gives them the right to dismiss the opinion of an eminent oncologist? To my mind Animal Friends is morally corrupt and is no better than all insurance companies who will wriggle out of their commitments at the slightest opportunity. To date this latest 'illness' has cost me £579.83 but further tests are ongoing and I am expecting much more costs for these plus it is expected that my dog (Rosie) will require surgery for possible cancer. Unfortunately yesterday I 'spat my dummy out', and by e-mail told them what I thought of them and told them that I was cancelling the insurance with immediate effect. To date I have not received a reply from them and the direct debit is still in place at my bank. My question is do I have any recourse with Animalfriends?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Does the policy say what pre existing condition is?
Customer: replied 1 year ago.

The following is an extract from the policy:-

DECLARATION STATEMENT: In proposing your pet Insurance policy you confirm that:

A. Your pet has not suffered from any disease/illness/injury or undergone veterinary treatment and is not currently showing signs of any disease/illness/injury, other than any claims that Animal Friends are dealing with or any disease/illness/injury you have notified Animal Friends of and that they have confirmed back in writing to you.

As I described above the initial result came back as absolutely nothing to worry about so we totally dismissed it from our thoughts and as such did not think it was necessary to inform Animal Friends about it.

Expert:  Ash replied 1 year ago.
Was your pet suffering from an illness though?
Alex
Customer: replied 1 year ago.

Sorry it's taken so long to respond but I lost my internet. No, she wasn't showing any signs of illness, the pea sized lump was only pointed out to the vet during a routine check up and as I mentioned previously, the result of the biopsy was clear.

Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund of the charges which the insurers have refused to pay 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex