Whether they would have honoured any claim that you made or not, we will never know because you have made one. If they did not, then it would be a case of getting the telephone recording that it was their error. If it was their error, they have not got a leg to stand on and I would be very surprised if they let the matter go to the Financial Ombudsman which would be your recourse if they refuse to pay the claim.
I don’t know what you mean when you say they have refused to give you a copy of the telephone call but they’ve given you a copy of the transcript. The transcript would be the wording and what’s confusing me is that you say it’s inaccurate in audible and cut in places which implies that you have a recording of sorts.
You should now make a Subject Access Request, in writing, under section 7 of the Data Protection Act asking for a copy of the recording and any other information which they hold on you. There is a statutory fee of £10 and they have 40 days to comply.
If they don’t comply, you can make a complaint to the Information Commissioner and also make an application to court for a court order to compel them to comply and you can ask the court to award costs against them.
It really is a case of whether they would have paid out on any claims over the period that you thought you were insured or not. If they would have paid out, that you are not entitled to the money back because you did have the cover. If they would have not, then you are entitled because they took the money without risk. Of course, they will say they would have paid out which is what they have done.
I don’t think you have a brilliant case to take to the Small Claims Court but I think you have an excellent complaint to make to the Financial Ombudsman Service and the beauty of that of course is that it is not only free of charge but it’s free of risk.
Can I clarify anything for you?
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