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Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I am a litigant in person. Below is a summary of my claim against

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I am a litigant in person. Below is a summary of my claim against my Insurance Company, together with details of court directions I need to comply with.
A District Judge following a recent Costs And Case Management Hearing issued the directions.
Any help you can offer me would be greatly received.
In December 2010 I had an escape-of-water at my home. I received settlement from my Insurance providers for approximately 3,000 film posters damaged by the escape of water in August 2011.
The Insurers failed to install any drying equipment at my home until October 2012 - Two years after the initial escape of water. During this two-year period items remaining in my home that were not damaged in the initial escape of water became damaged because of prolonged exposure to the damp and humidity still present in my home. These items included all of my living room / kitchen furniture / a large amount of film memorabilia and 9,867 original Film Posters.
The Insurers arranged for the damaged items to be removed from my home, and assured me they would be counted, itemised and listed. Once this was completed, settlement would be offered. I agreed to these terms. However instead of counting, listing and itemising the items as agreed, the Insurers destroyed all of them without my knowledge and without my permission. A complaint regarding their actions was raised with The Financial Ombudsman Service and a final decision from the FOS was issued in November 2013 upholding my complaint. The FOS ruled the Insurers were negligent. The FOS stated it was not an Insurance claim but a claim for negligence and the Insurers were required to indemnify me for the value of my losses outside the terms, conditions and limits of my Insurance policy. The Insurers have refused to do this, leaving me with no other alternative but to serve legal proceedings because of their refusal to comply with the legally binding FOS decision.
The defendant (via their solicitors) applied to the court to strike out my case, because the particulars of claim did not clearly identify a cause of action against the Insurers. The Defendant's application for strike out was dismissed but the court have ordered I do the following -
1. "By 4pm on 24 March 2016 the Claimant shall send to the court and to the Defendant amended particulars of claim setting out the causes of action in English law on which he relies to pursue his claim, and the particulars of the Defendant's conduct on which he relies to make out those causes of action, and how he reached his valuation in the schedule of loss."
2. "The name of the Defendant is amended to UK Insurance Limited who accept that they are the correct defendant."
Regarding the causes of action: Whilst the FOS ruled it was a negligence claim. Negligence is not the cause of action I identified for bringing the claim. The reason I stated was Breach / Failure to comply with a legally binding Financial Ombudsman Decision. It was the Defendant's conduct in refusing to comply with the Ombudsman ruling that left me no other option but to serve legal proceedings.
For the amendments, can I add other causes of action or can I only use the original Breach / Failure to comply cause?
Would breach of contract be applicable, as the defendant did not count, list or itemise my possessions as stated?
Would breach of fiduciary duty be applicable?
Finally would Conversion Of Goods in relation to Interference of Goods Act 1977 be applicable? They destroyed my possessions without my knowledge or permission. They do not deny this. I have copies of the paperwork used by their contractor that details the items removed. I also have copies of the Insurers' case / screen notes detailing my demands to have my items returned to me as I did not agree to their settlement offer, and the Insurer's confirmation they had already destroyed my items.
I need the particulars of claim amended to meet the court's specifications before 24 March 2016. I also need advice on the wording I need to use to amend the particulars of claim.
Also do I simply remove the name of the current defendant (Direct Line Group Plc) and add UK Insurance Limited as the 1st defendant?
Mr G A Gittings
Hello my name is ***** ***** I will help you.Yes you can amend the particulars to include all heads of claim including alternatives .But it seems to be your claim is in negligence. Therefore you should plead negligence and what the insurance didn't do which they ought to haveBut you can also claim interference with goods act. You can plead all of these things.Can I clairfy anything for you about this today please?Alex
Customer: replied 2 years ago.
Hello Alex,
To clarify, the FOS final decision was for negligence. However the Insurers refused to comply with the final decision and the FOS requirements they indemnify me for the value of my losses.
Therefore I had no other option but to begin legal proceedings against the Insurers to recoup the money they ALREADY owe me.
It was only AFTER I began legal proceedings against them, that the Insurers were forced to address their outstanding debt to me.
I started legal proceedings because of the Insurers failure to comply with a legally binding final decision issued by the Financial Ombudsman Service. At no stage on my original N1 claim form, or in the particulars of claim does it state the claim is for negligence.
I couldn't have brought a claim against the Insurers for negligence because since the time the FOS decision was issued the Insurers have not had to deal with any other policy claim from me, therefore could not possibly have been negligent in their actions.
Whilst I digress a little, I need further advice from you regarding the cause of action.1. Breach Of Contract - Can I use this as the cause of action due to the Insurers non-compliance with the
FOS requirements that they indemnify me for the value of my losses "due to negligence on their part."
The Insurers have been fully aware of the value of the items I'm claiming for; do not deny their actions,
but still have not paid their debt. This is why I began legal proceedings, to get the money I'm owed
without having to start court proceedings from scratch.2. The court paperwork states, -
"By 4pm on 24 March 2016 the claimant shall send to the court and to the Defendant amended
particulars of claim setting out the causes of action in English law on which he relies to pursue his
claim, and the particulars of the Defendant's conduct on which he relies to make out those causes of
action, and how he reached his valuation in the schedule of loss."
I need to know how to amend the particulars of claim so it complies fully with the court's instructions.
How do I word the amendments in order to comply with the court's instructions?
Do I have to state the Insurers are in violation of specific Civil Procedure Rules for each cause of action I identify?
In your previous E-Mail you stated that Breach Of Contract, Breach Of Fiduciary Duty and Interference With Goods were all valid causes of action for this claim. I cannot state negligence as I honestly did not begin proceedings stating that negligence was the cause of action, and if I did state negligence I would feel as if I was lying, - and that's not going to happen I'm afraid!
If I state the causes of action are Breach Of Contract + Fiduciary Duty and Conversion + Interference With Goods does this narrow the avenues for filing a defence? The solicitors acting on behalf of the Insurers have spent the last Six months stating they cannot identify a cause of action (even though the judge at the Case Management hearing stated she could clearly identify a cause of action!), and because of this, they've tied me up in paperwork, a tactic in my opinion. I don't want to give them the opportunity to repeat this, particularly when the court instructed them to settle this case as quickly as possible without going to trial! Would the 3 causes of action reduce or increase how the case is defended?3. The court paperwork states, -
"The name of the Defendant is amended to ………. Who accept that they are the correct defendant."Do I remove the name of the original defendant entirely then add the name of the new defendant?
I can't draft the particulars for you, but there are plenty of examples online of how pleadings should look. should also have regard to practice direction
Any strike outs of old parts of particulars and additions need to be in red. So yes you leave the one defendant on but leave in red struck out and add new defendant in red.Does that help?
Customer: replied 2 years ago.
Hello Alex,
Fantastic Help, - Thank You Very Much Indeed.
One final question, - albeit in two parts...
The amount I'm claiming needs to be amended also. Is it the same procedure as you've explained, - strike out the old amount in Red ink, and add the new amount in Red also?
Do I have to put a value for the claim if I'm claiming for a specific amount of money? - There seems to be conflicting information regarding this.
Thank You Once Again.
All The Very Best.
With Regards,
1) Amendment to value - yes2) You do need to put a value if you are claiming a specific sum
Does that help Gary?​Alex
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