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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The financial Ombudsman has not upheld a complaint I made with

Resolved Question:

The financial Ombudsman has not upheld a complaint I made with an insurer after an expensive car was stolen from my driveway. Their explanation was a 'keys in or on the car clause'. In panic during my interview with them I stated that I thought I had left my key in a grey boot bag in the car, 7 months prior to the theft. Since that time the bag had been moved in and out of the car hundreds of times and I stated that I did not know and couldn't confirm that the key was actually in or on the vehicle when it was stolen. I was unable to produce the spare key and they judged on the 'balance of probabilities' that I did not have a claim to make.
Is there anything I can do? This happened a while ago now (nearly 24 months I think).
Cheers,
Paul Dutton
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is the cost of the claim please?
Customer: replied 1 year ago.
Approximately £21k return to Net invoice value GAP insurance was taken out but as the claim never got that far, because of the repudiation I've never dealt with them directly.
Expert:  Ash replied 1 year ago.
When did the Ombudsman make the decision?
Customer: replied 1 year ago.
8th October 2014
Expert:  Ash replied 1 year ago.
Ok. Its bad news I am afraid. You only have 3 months to seek a Judicial Review of the Ombudsman decision. Your only and final option now is to go to Court.
You need to write and set out your losses and request a payment 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 pay 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