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NationWide Claim NEED HELP!

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  • PaulinWeston
    PaulinWeston Posts: 160 Forumite
    edited 7 October 2009 at 7:48PM
    dunstonh wrote: »
    So, if the aunt accused someone of rape then the court would agree with her because she says so?


    No - completely different. The criminal standard of proof on the prosecution in a criminal case is proof beyond all reasonable doubt, which means proof to a high degree of probability but not proof beyond a shadow of a doubt. Miller v Minister of Pensions (1947) 2 All ER 372.

    In a civil case - The standard of proof on both parties is proof on the balance of probabilities, i.e., that an allegation is more probable than not. Woolmington v DPP (1953) AC 462

    If NBS cant produce the adviser to refute the allegation, then they have to rely on their 'assumption' that their adviser wouldn't say what the aunt claims.
    :AIgnorance can be cured, but stupid is forever!:A
    Please note: Nothing that I post constitutes professional financial or legal advice.
  • marshallka
    marshallka Posts: 14,585 Forumite
    I am confused here as it says this was an "annual" policy? Does that mean that each year you receive a letter to say it will automatically be renewed anyway? It says in the OP post here



    Mrs... were aware that the policy was optional and if they have since realised that they have alternative insurance cover, the policy could have been cancelled at any time as it is an annually renewable policy paid with their monthly mortgage payments.
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