Travel insurance claim - not lived with partner for 6 months

schnide

*MF* wrote: »

@OP .. the following comments designed to help.

In my earlier post, I said "you not having read the policy" was likely to be an issue.

However, should we expect that the member of staff of the Insurer had or had NOT read the policy and was aware of its terms and conditions - if we place that responsibility on you then surely it applies no less to the staff member?

I used the extract from your opening post to indicate what perhaps was the minimum that you would have said when you phoned (yep, I am sure it was more).

Now, a staff member of an Insurer who has adequate knowledge of their Company's cover, terms and conditions - should in my opinion have immediately picked up on your use of "girlfriend" - not spouse, not partner - but girlfriend - because reasonably accurate knowledge of the policy terms and conditions would indicate that there was a need to clarify - exactly what is now giving rise to your problem. How long was she your girlfriend, how long had you been living together, etc etc.

It is only my opinion, and in outline that is how I would argue the case, were it me.

Again, it is only my opinion, but I think you lessen your chances the way you are presenting what happened as "I asked if I could claim, I was told yes, and now I find out they won't pay on a technicality they never mentioned".

Remember, "Can I make a claim?" is in many ways identical to "Can I apply for a credit card?" The immediate answer may be yes, the result may still be no claim payment and no credit card.

It's just opinions, but hope this helps ...

Thank you very much, this is how I see it. I appreciate that my viewpoint doesn't tally with the majority on here, but the majority is not right by volume alone.

Again, thank you all for your contributions. I will let you know the outcome, unless I need further advice in which I hope I can come back to you for it.

schnide

gordikin wrote: »

You said in post #19

I asked them if I could get the money back and they said 'yes'.

could means all of these:-

might
possibly will
may well
may possibly
may perhaps

You've selectively missed where I quoted "will" at the beginning. Viewed in context with my reference to "could", this adequately reflects the situation to my knowledge and is not as you have implied.

The conversation was recorded and I will let you know the outcome.

gordikin

I'm not trying to imply anything. To be honest I'd not be able to remember whether I'd used the word will or the word could in a telephone conversation, but they do have very different meanings.

lisyloo

The conversation was recorded

Well actually may have been recorded :-)
The equipment might not have been working that day, that might not have recorded all calls, they might not keep all calls and worst case cynically they might have "lost" it.

Not being negative but at this stage you don't know you have a call to back you up, even if your recollection waas perfect which is almost certainly isn't.

Anyway I'd suggest doing the complaint.
Opinions are like a**holes, everyone's got one.
The only one that is important is the ombudsman.

It won't cost you anything and will cost AXA about £400 if you go to the ombudsman (which you can't do until you have exhausted AXAs proceedure).

I would put in the SAR and do the complaint seperately.
Personally I would do the SAR first and delay the complaint a short while jsut so your transcipt is not "lost" for cynical reasons i.e. they reaslise it's tied up with your complaint.
In large companies the depts are probably seperate, but I'd be cycnical.

schnide

gordikin wrote: »

I'm not trying to imply anything. To be honest I'd not be able to remember whether I'd used the word will or the word could in a telephone conversation, but they do have very different meanings.

I understand. If I wasn't so convinced of my case then I wouldn't be defending it so vigorously. If I am wrong, I will have to fall on my sword.

In the meantime, I can assure you I acted 100% in good faith, followed all the instructions I was given by Axa, and would not have made the decision to pursue a claim if I did not think it right and valid according to the information I was given.

Again, thank you.

*MF*

schnide wrote: »

I understand. If I wasn't so convinced of my case then I wouldn't be defending it so vigorously. If I am wrong, I will have to fall on my sword.

Please read the terms and conditions of any life, accident or illness policy before doing so!

Sorry couldn't resist! :A

schnide

Hello everyone.

For several weeks, Axa told me they were still looking for the recorded call. I'd sent them several emails asking for my rights to have a transcript of it once they found it, and how long it would take. I largely heard nothing, and certainly nothing of substance.

Last Monday, I came home to find a letter from Axa, with a cheque for £2,450.

I would like to thank everyone on here who offered sound advice and who may or may not have ultimately helped me in getting my money back - particularly those who did so without needing to resort to a holier-than-thou attitude which was ultimately proven wrong.

With sincere thanks,

schnide

lisyloo

particularly those who did so without needing to resort to a holier-than-thou attitude which was ultimately proven wrong.

Well if you're anything like me, then knock backs might have spurred you on to acheive what you did.

huckster

schnide wrote: »

Last Monday, I came home to find a letter from Axa, with a cheque for £2,450.

Well done. As Lizyloo said, perhaps some of the comments, did spur you on and without them perhaps you might not have continued to challenge.

This is a valuable lesson, that Insurers will always bat away claims they can easily decline, due to the policy wording. But sometimes, where policyholders challenge the application of the wording in an individual situation and the way the claim was handled, if you make a complaint, you might overturn their original decision.