The offer of a telephone call comes out automatically. It’s optional. You can just ignore it or request it later.
We can continue on here.
This is the problem with dealing with things on the telephone. People give off-the-cuff answers which are often inaccurate.
They have upheld your complaint but it appears that the amount of compensation you have been offered is less than adequate. I don’t know if you have made a complaint to the Financial Ombudsman but it would now be worthwhile doing so.
You potentially have a claim in common law negligence.
It will help if I explain how claims in negligence arise.
There needs to be
1. a duty of care
2. the duty of care needs to be breached
3. as a result of the breach there needs to be loss or injury
4. the loss or injury must be as a result of the breach
5. the loss or injury resulting from the breach must be reasonably foreseeable.
In order for there to be a claim in negligence, all 5 heads have to be satisfied.
Although a party may be able to opt out of negligence claims in respect of damage to property by having a contract or disclaimer, it is not possible to opt out of personal injury or death as a result of negligence.
The relevant statute is the Unfair Contract Terms Act 1977 (UCTA).
However even a disclaimer in respect of negligence claims with regard to damage to property will only be applicable if it passes the UCTA test of “reasonableness”. You would need to Google the Act to get all the details of that but basically a person can’t exclude liability for claims in negligence in respect of damage to property to basically do what they like, and drive a coach and horses through all their obligations.
The issue here is whether it is reasonably foreseeable that you would go and metaphorically spend the money before you got it and am sorry to say that in my opinion it is not. I think you’re entitled to more compensation but it wouldn’t be 9000 pounds.
There is no mathematical or legal formula for how much compensation you should get but in my opinion it should certainly be worth more than the 400 pounds. My suggestion would be to tell them that you would settle for 5000 pounds on the basis that they will turn it down and potentially offer half of that but more than they have already offered.
It remains to see what the ombudsman would suggest you were awarded which could be more or could be less or could be nothing at all!
Ultimately, you can’t beat them with a stick until they capitulate and pay up and your only remedy would be to take them to court.
I’m sorry to say, it’s not one that I would be rushing to court over.
Can I clarify anything else for you?
I am happy to answer any specific points arising from this.
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