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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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We bought a comprehensive plus breakdown cover policy. Our

Resolved Question:

We bought a comprehensive plus breakdown cover policy. Our car broke down in Spain. Our car is still in Spain. We are nearly £2000 out of pocket and they are saying we are liable for further costs. It was our understanding that the policy covered everything, hence the comprehensive plus, and we are now told there are terms and conditions. We have never received any terms and conditions and when we bought the policy over the phone we were not told that there wer specific things not covered or any limits. We have told them we are not paying out anymore. Where do we stand legally if they have not provided a copy of terms and conditions? Are we fair in believing that eveyrthing was covered as not other parameters were given to us?
Thank you for any advice.
Submitted: 4 months ago.
Category: Law
Expert:  Jamie-Law replied 4 months ago.

Hello my name is ***** ***** I will help you.

Did they never post you any policy documents or email them?

Customer: replied 4 months ago.
Hi Jamie, No. I bought the policy over the phone. They emailed me a confirmation with the policy number and the dates applicable. There were no links to terms and conditions and no attachments. I did not receive any paperwork in the post at all.
Expert:  Jamie-Law replied 4 months ago.

How much are you out of pocket by?

Customer: replied 4 months ago.
We had to organise our own accomodation and flights back from Spain as the car was not fixed before we were due to drive home(has still not been diagnosed). We were told we could claim up to £600 for flights and £100 per person per night for accommodation up to a maximum of £1200 (we were a party of 6) as per their terms and conditions (again we had no prior knowledge of any limits). We have so far spent approx £1100 on flights back to the UK, £500 on accommodation in Spain as the flights back were after our departure date and £153 on a taxi from the airport home. They are now saying we need to pay 300 Euro for a new key for the car as they say it is broken. The key was not broken when the car was taken to the garage, it was taken away as it needed a new battery and/or alternator as per the error message on the dashboard. We have learnt since from an auto-electrician that the key will not work as the garage did not deal with the battery/alternator problem correctly which results in the car immobilising itself. We are currently without a car and have no idea when we will get ours back. We do not want to pay out for a hire car or buy another car in the meantime unless we know we can claim the cost back. The team that are dealing with the car have told us they can only work with us if we comply with the terms and conditions (which we do not have). They advised us to contact their customer care department which we did and have been told by them that it has all been logged and we have to wait up to 20 working days for them to come back to us with any information. We have also been told that if they repatriate the car for us that that will take up to an additional 14 working days. Our car broke down on 24 August 2016. We were due to drive home on Saturday 3 September. On Friday 2 September we had to organise our travel home as they had not sorted anything out and we had to leave our accommodation at 10am on the Saturday morning. We just need to know if we have a legal case against them to recoup our costs because they have not supplied us with the terms and conditions of the policy. The policy was sold to us as the Comprehensive Plus policy. We took it as covering everything and more as we understand Comprehensive as meaning everything. If we do have a legal case against them, what should our next move be? Thank you
Expert:  Jamie-Law replied 4 months ago.

You need to write and set out your losses and request a refund of those costs 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?

Customer: replied 4 months ago.
Dear Jamie, Thank you for the advice. Would it be an automatic judgment in our favour because we were not supplied with any terms and conditions until we needed to claim? To clarify, they still have not sent us a copy of any terms and conditions. Thank you.
Expert:  Jamie-Law replied 4 months ago.

Nothing is automatic, but it certainly helps you.

You can't be bound by things you don't have.

Does that clairfy?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1749
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 4 months ago.
that clarifies. Thank you very much for your help and advice. It means we can now move forward with this and hopefully get it resolved.

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