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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 17375
Experience:  Senior Associate Solicitor
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Hi Jim are you available for question
Hi, this is Jim and welcome back - yes, no problem at all.
Customer: replied 3 days ago.
Hi I sent you a copy of the case reviewers decision. The insurance company have until ThursdayThis morning I have received the enclosed email from the FOS stating the rac feel they have fulfilled their obligationsWhy are they being allowed to bring the old complaint back to the table under this new complaint?

Hi there, thanks. This mentions an injunction hearing and I am not sure about that - I don't think we have covered that previously have we.

I am not sure why they are referring to the old complaint when your new complaint needs to be considered - they would need to explain this or you could just highlight the fact this is to do with the old complaint so not relevant.

As I say, it should be clarified with the FOS as I am not sure myself why they are bringing the old complaint up.

They may have misunderstood your request.

I hope this helps

Customer: replied 3 days ago.
The injunction hearing it wasn’t a hearing it was the court enforcement order I made to get the costs owed to me that they was already quibbling about to establish legal opinion I had a good case

OK, thanks for clarifying - I am not sure why they mention an injunction as this is order to force someone to do something or abstain from doing something.

Customer: replied 3 days ago.
I agree. I feel like I was near the end and that I would get all my costs back to date and those I also mentioned to you to get me all the way to court. Now I feel like it’s all questionable again? I don’t get why they are bringing old excuses up

I don't know, sorry. As I say, I don't deal directly with the FOS as it's set for consumers and not lawyers.

Customer: replied 3 days ago.
Surely under a new complaint they shouldn’t be allowed to?

I agree but I am not sure they have grasped the fact you are making a new complaint as they have referred to the old one

Customer: replied 3 days ago.
in the case review the FOS did state she would not comment further on the old complaint
Customer: replied 3 days ago.
See attached

Thanks, ***** ***** odd, I agree, so they need to clarify which they have today referred to the old complaint when they said they would not comment further upon it.

Customer: replied 3 days ago.
I have just emailed back the FOS asking why they are referring to the old complaint

OK, thank you.

Customer: replied 3 days ago.
It’s looking likely that I will have to go back down an enforcement order isn’t it

Yes it may be the case, thanks

JimLawyer and 4 other Law Specialists are ready to help you
Customer: replied 3 days ago.
it’s looking like that
OK, thank you, ***** ***** good evening.
Customer: replied 3 days ago.
Just one last question if I may. With how the case reviewer has wrote the decision and the previous arguments the rac had is there anything they could have added to argue I don’t have a claim do you think?
Customer: replied 3 days ago.
I was just looking at the wording of buildings being covered and then not covered

I don't think so, I can't think of anything at this stage. I will go back over the chat and review in case I can offer anything else useful here

Customer: replied 3 days ago.
Ok thanks that would be helpful I still don’t understand why the insurance company aren’t seeing it from a breach of contract view point in why I am issuing legal proceedings against the developer am I missing something?
I don't think so, but insurers are not lawyers and they can make questionable decisions - hence the presence of the Ombudsman
Customer: replied 3 days ago.
Yeah I guess. It just seems that the review was published last week, asking for further evidence etc by next Thursday to be considered if they did not agree, today I am reading an email from the FOS that seems to indicate they are disputing the review so if that’s the case it would need to go to an ombudsman and I can’t see what new evidence should be getting brought up because shouldn’t this have all been brought to the table in round one the initial complaint or round one in this new complaint? How many chances do they get?

I don't know quite honestly - as I say, the FOS is more of a consumer area and not a lawyer area.

It's worth pushing them as much as possible anyway.

Customer: replied 3 days ago.
How can I describe it in the best possible way that it is breach of contract my legal case is based on?

It's a mis-sold contract (which makes a contract void).

Customer: replied 3 days ago.
Can I also relate it to the defective premises act

It's a mi-sold insurance contract - the defective premises act is to do with the home builder's

Customer: replied 3 days ago.
Ok

No problem

Customer: replied 3 days ago.
Ok

Thanks, ***** ***** about to log off and will be back on over the weekend if there are follow up queries