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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I need help with a Household Insurance claim please

Resolved Question:

I need help with a Household Insurance claim please
Submitted: 11 months ago.
Category: Law
Expert:  Jamie-Law replied 11 months ago.

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

Could you please explain your situation a little more?

Customer: replied 11 months ago.
I applied online for Household Insurance in May 2015. At the time I was suffering chronic depression and had been on meds and in trauma therapy and counselling following bullying at work - I was an NHS manager. The fact I was unable to work led to severe financial problems and resulted in debts and me using a debt management Agency. I thought they had resolved all creditor issues but apparently not.I suffered a house fire on Sept 14th and suffered extensive damage to the house and my health.
The Insurer has stated I have a CCJ which I did not declare on the application form -it is on this basis they are declining liability.
Is there a legal precedence for arguing that my mental health and depression contributed to this as I genuinely did believe the matter was being handled via the debt company. I have only come off meds in the past couple of months and am now realising how much of a psychological fog I have been living in for the past five years! This is all documented via NHS records obviously.
Customer: replied 11 months ago.
If there is legal precedence could you give me cases to use in my appeal please?
Expert:  Jamie-Law replied 11 months ago.

Do you have a ccj and if so what for? Have you complained to the ombudsman at all?

Customer: replied 11 months ago.
Hello, The CCJ was in relation to a lease car that I asked to be taken back. I am paying them back monthly at £50 a month. I thought this had been negotiated through the Debt Company as all correspondence was forwarded to their legal department. This is what the Insurers have found and paid a company to investigate. The director of this company has written requesting a meeting to discuss , hence the reason I ma seeking some legal clarification before we meet. I will certainly use the Ombudsman but need to know if legally I have any grounds for appeal in view of my Mental Health at that time. I know the government are recognising this as a factor in financial matters and are offering advice through the CAB and similar.
Expert:  Jamie-Law replied 11 months ago.

Were you asked when you took out the insurance if you have a ccj?

Customer: replied 11 months ago.
The initial application for Insurance was with another Insurance Company. This was incepted in May 2015.
I did not know that the Broker had changed to this new Insurance Company in May of this year as they just sent me a covering renewal letter outlning Sums Insured and excess etc. They presumably just transferred details from my original application form. My previous Broker always sent me a form at renewal of all my policies asking if all the statements were still accurate before renewal and i would have picked this up then but there was nothing from this
Broker unfortunately.
I have asked for a copy of my original application form and the wording was very general and asked about my financial status stating that this included such things as being made bankrupt, taking an IVA or CCJ. Because I did not realise I had a CCJ and had never been bankrupt etc I just answered no without thinking to be honest.
Expert:  Jamie-Law replied 11 months ago.

How much was the ccj for?

Customer: replied 11 months ago.
About 9K
Expert:  Jamie-Law replied 11 months ago.

Ok. You need to write a formal complaint as I can't see them declining insurance for such a small sum. They will invetsigate the matter and report back to you.

If they do not uphold your complaint then you can raise one with the financial statements ombudsman. They can investigate the matter and see whether in reality they would have insured you and are using this as an excuse not to pay out,

They offer a free, independent service at www.financial-ombudsman.org.uk

That should resolve the matter for you.

Can I clairfy anything for you about this today please?

Customer: replied 11 months ago.
No thank you that has been helpful . What sort of figure would need to be involved in terms of CCJ's for them to decline a claim in your experience?
Expert:  Jamie-Law replied 11 months ago.

I can't say, they should have a policy document setting it out.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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