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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10653
Experience:  30 years as a practising solicitor.
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Due to the fact that the local council demolished houses in

Resolved Question:

Due to the fact that the local council demolished houses in my street my house insurance was cancelled by the insurance company.
I was advised about this from both the insurance company and the AA insurance (who got me the original policy).
The AA could not find me any other insurance cover - however they kept sending me marketing mail at the same time stating that because of my details on their system they could give me the best quote/price for buildings and contents cover.

I did have a lawyer involved at the time, however he disagreed stating that it is just junk mail, marketing mail.
Normally yes it would be, but not when it has been cancelled by them with no further cover from them.

I have been reading legal books about this, when I heard that someone had a similar incident (about a bank loan refused / cancelled and then got marketing mail) and they then sued the bank.
Does my situation come under misleading advertisements, harrassment or anything else that I might have a case to go forward with.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Unsolicited mail as a nuisance. You are entitled to ask the sender not to send you any more mail. If they continue to do so you could take them to court for an order stopping them and a claim for damages for the inconvenience and distress suffered by you. You would have to prove what are the inconvenience and distress was that but you could certainly argue that, because they refused you insurance, they are "rubbing salt into the wound".

As a matter of law there would be no reason to prevent such a court action. However, I am not at all certain that legal aid would be available for this type of case.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Hello


I have just seen your response.


Is there anything covered in the misleading advertisement side for providing misleading information , omissions , fails to make it clear he has a commercial intent etc.


If action was taken what would be the sort of sum awarded.


Thanks for the help


A.


 


 


 


.

Expert:  JGM replied 2 years ago.
No I don't think so. It is just a paper advert. It will apply to some people and not to others.

The level of damages would depend on the degree that the court finds you have been inconvenienced and will depend on the evidence you lead but it will be in the hundreds rather than the thousands.
Customer: replied 2 years ago.

Its not really worth it then, after what I have to pay out to go through it.


 


A.

Expert:  JGM replied 2 years ago.
You could raise a small claim action and do it yourself if you were inclined to read up on the procedures. You can do this at www.scotcourts.gov.uk
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10653
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks anyway, but I don`t think the hassle would be worth it at the end of the day.


I shall now rate you.


A.

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