How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

The financial Ombudsman has not upheld a complaint I made with

This answer was rated:

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
Hello my name is ***** ***** I will help you.
What is the cost of the claim please?
Customer: replied 2 years 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.
When did the Ombudsman make the decision?
Customer: replied 2 years ago.
8th October 2014
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