Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
Do you accept that it should have been declared please?
Absolutley but my mum wasn't aware or had been diagnosed with asthma as such, otherwise she would have declared it on the insurance form!!
They accept that they may not be able to claim back for mum at this time but there is no reason to be able to claim back for my fathers fare etc.
i am able to supply any details that are needed
You should write to the Company and formally complaint. I imagine they will not uphold the matter. At this stage you will have a final response and can go to the Financial Ombudsman. They are free, independent and can examine your complaint at: www.financial-ombudsman.org.uk
If that does not work the only solution is Court.
You need to write and set out your losses and request a refund 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?
No thats fine thank you, ***** ***** contact the financial ombudsman, thank you very much for your help.
Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
If you need more help please click reply
realisticly, with a doctors letter that states on the east medical history that my mother has asthma, which was not declared but was actually admitted to hospital and diagnosed with SOB due to Heart failure ( the cause of not going on the holiday) i would stand any sort of chance by talking this further ?
I think you should try for complaint and Ombudsman. But if they are both negative I would not go to Court
But that is just my view
thanks very much for your help.
Happy to help. please do remember to rate