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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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From Somerset !.....I am the owner of a 5 bedroom Chalet

Customer Question

Hello from Somerset !.....I am the owner of a 5 bedroom Chalet Bungalow and lived here since 1980. I am a firm believer in all forms of insurance ,and home insurance is top of my list . I have used various bonifide companies /policies over the years ,and in December 2014 was (i thought) ,fully covered with AXA,via my local broker "***** ***** Insurance",after 3 years previously of being insured with RIAS FOR THE OVER 50's ,during which time i made no claims whatsoever.
That night ,circa 11th Dec.2014 ,i was en route in friends car to my lodge meeting , when my wife called me in a high state of panic , because water was pouring through the ceiling and had flooded our entire office with boiling water ,and half of the ceiling had already crashed over our entire computer system and electronic office equipment.
I was rushed home obviously, to see the carnage !! it was an absolute nightmare . Realising the situation ,i immediately turned off all the stop -cock valves and water supplies to the house , which eventually stemmed and stopped the flow .Every thing in my office was completely ruined and soaked in boiling water.
I called the AXA emergency insurance hot-line @6.55PM EXACTLY,and they advised me to clear up what mess i could ,and they would send their "loss adjusters ....Cunningham&Lyndsey"asap......which they did and the damage was surveyed and fully inspected the following day.
I was told to appoint professional advisers in Office Equipment ,and get the estimate of replacement (if so necessary) urgently . This I did and a company known as "Clarity " from Bristol in the person of a Mr Tim Gibbs came and provided the estimate ,which i then forwarded to both C&L and to AXA .
The quotation to supply the basic equipment to allow us to continue to operate our home based business , and NOT including a penny for restoration work, was £4847.19. THEY ...ie C &LYNDSEY/AXA........TOLD US TO PROCEED WITH ALL DUE HASTE AND GET THIS EQUIPMENT INSTALLED .This we did ,and subsequently we received a corresponding cheque which was paid to CLARITY ...the office equipment suppliers.
Several weeks later in MARCH 2015, after still trying to get builders to rectify our office and still waiting for quotes to do this work , I received a letter from AXA ....."VOIDING" our home insurance policy , because approximately 5 or 6 years previously , I WAS INSURED BY "M & SPENCERS HOME INSURANCE " who as it turned out were UNDERWRITTEN BY AXA , and that I had failed ( completely innocently ),to disclose or admit to , a claim I had made in 2007 when at that time I was insured with AVIVA.
I made every effort in a reasonable and honest way to explain the circumstances to AXA ,but to no avail,and therefore and at my own cost rectified the building work myself ,and was forced to get re-insured AFTER DOUBLY ENSURING ALL FACTS WERE MADE 100% CLEAR TO THE NEW PROVIDER .i WENT TO GREAT PAINS,BUT ACHIEVED SUCCESS.
Now 1 YEAR LATER !!! (after again no claims!) I have just renewed this Policy . BUT OUT OF THE BLUE ...I GET A LETTER FROM A FIRM APPOINTED BY AXA , TO REPAY THE SAID SUM .
MY QUESTION(S) ARE ............1......AT THE TIME OF THE INCIDENT IN DEC.11TH 2014 , I ASSUMED I WAS INSURED BY AXA. 2..... THEY SAID "GO AHEAD " WITH THE REPLACEMENT OFFICE EQUIPMENT ,(which equated to £4847.19 ) 3...THIS WAS DONE AND "CLARITY" WERE PAID......................................................4... MY POLICY IS THEN AMAZINGLY "VOIDED" IN LATE MARCH 2015 ----------------------------
"CAN AXA LEGALLY EXPECT ME TO PAY BACK THIS MONEY , AFTER THEY HAD TOLD ME TO PROCEED.????
Where do i stand ? and if they are correct ....am I able to counter-claim for bad and tardy advice from them which will now lead to disruption and loss of business if i allow the equipment to be returned to them causing temporary shut down of my business which has an annual t.over of circa £600,000 . ??
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Can you confirm that you failed to declare a previous insurance incident please?Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Alex, my office/home no........01278 429800 mob 07860 462277
Re your question.......Yes , I must have innocently failed to tell M&Spencers that i had in fact made a claim in 2007 and several years earlier, via my previous insurers AVIVA, when i completed the application form at the out set.A fault which I tried to ,in all honesty and in wrting to AXA ,truly explain . This fell on stony ground I am afraid.
Expert:  Ash replied 1 year ago.
Write to complain and if they reject complain to the financial Ombudman at www.financial-ombudsman.org.uk