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Need urgent help re: home Ins claim

I have an insurance policy with AA but Fortis are the underwriters. I have had a flood from my bathroom into kitchen, house was four inches in water while away for weekend. Fortis sent Loss Adjust out who made a mistake on the report, that was then cleared up. fortis then sent out another Loss Adjust who interviewed me for over two hours and taped the interview. He asked me have I ever had any CCJ's to which I knew of only one but it was over 20 years ago. I remember cos I had to go to court and pay the amount and get a certificate of satisfaction. I told him I don't think I have anymore or my husband but I'm not sure. Fortis sent me a letter today saying they are not paying me out because I fraudulently claimed knowing I have more than one CCJ. I have one from 08 and my husband in 09. They say if I knew about 20 year old CCJ's why would I not know of any during the last two. My argument to them was if I told you of a CCJ 20 years old why would I not tell you of any that are a couple of years old. I have contacted Ombudsman today and they are as shocked as I am and sending Fortis a letter and a complaint form for me. Anyone know of this happening before and what are my chances of getting paid? Isn't this completely irrelevant to my claim? I never said I don't have any other CCJ's, I said I am not sure so doesn't that mean I have answered honestly?:mad:
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Comments

  • LaineyD
    LaineyD Posts: 8 Forumite
    I was not asked by AA about any CCJ's, just to make sure my mum called the AA this morning and completed an application. She was asked about convictions, when she asked him to explain what he ment he said Criminal Convictions. My mum then said 'what about CCJ's cos I have a couple of those' - his reply was "no, they have nothing to do with it". I spoke to a lady in Fotis Compaints Dept today and she said I would have been asked by AA on taking the policy out. Well why didn't they ask my mum. Fortis said they are pulling the tape to prove. Let them, they can also pull my mums from today too.
    When first Loss Asses came out he wrote in his report that the plumber had caused the leak, he never even touched the pipe that caused leak, he only fixed toilet. I phoned the Loss Asses and he admitted to me over phone it was his mistake and that was cleared up. In his interview with me he never asked us any questions about are finances. Second Loss Asses did to which I told him of one but not sure of any others. Had I realised we had others I would have said so. But they are saying I made a faulse claim and that it is fraud, how can it be fraud when I was asked the questions four weeks after making my claim. They think because I remebered a 20 year old CCJ but not one a few years ago that I withheld that info. I didn't know we had them. I ran into financial problems and contacted the companies involved and sorted a payment plan, i didn't know they were CCJ's.
  • LaineyD
    LaineyD Posts: 8 Forumite
    Can I ask AA for the recordings of the application?
  • Quentin
    Quentin Posts: 40,405 Forumite
    You can ask - but they don't have to give them.

    You can pay for all info they hold on you (Data Protection Act), then they have to supply transcripts of any phone calls they are keeping. They can ask to be paid up to £10 for supplying the info, and have 40 days to get it to you.
  • LaineyD
    LaineyD Posts: 8 Forumite
    edited 5 August 2010 at 3:23PM
    Just asked the AA and they said I can have copies at a price of ten pound which I am willing to pay. AA told me that apparantly CCJ's comes under convictions, well if that's the case why do I have a clean CRB. CCJ's are Civil aren't they? I told them to listen to my mums tape from yesterday too because she was never asked, infact she asked them and was told they have nothing to do with it and was willing to insure her. AA have gone to listen to the tapes and are phoning me back.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Have you escalated this and spoken to a manager? If not, do so before forking out the £10.

    They are only interested in criminal convictions (ccj is not criminal), or bankruptcy (getting a ccj isn't bankruptcy!)
  • LaineyD
    LaineyD Posts: 8 Forumite
    Once AA phones me back I will see what he say's and then ask to speak to a manager. I have a copy of my CRB as I work with children, had I any convictions I would not have my job.
  • LaineyD
    LaineyD Posts: 8 Forumite
    Insurance Companies shouldn't be allowed to treat people this was. It's only pounds and pence to them but to families like me it's so stressful. I have had no cooking facilities for nearly seven weeks and my bathroom is a death trap which caused me to cut my foot open and get four stiches. I won't even shower my children in there I keep going to my mums. I don't know how much more I can take of this! To add insult to injury in my policy I am actually covered for up to twenty thousand rehousing costs. Like I would ever get that from them. So much for having a nice summer off with the kids!
  • Quentin
    Quentin Posts: 40,405 Forumite
    Judas wrote: »
    These below are the assumptions made;


    You and your household
    • have never been refused or had special terms applied to your home insurance
    • have never had your home insurance cancelled
    • have never been or are not about to be declared bankrupt, or are now discharged from bankruptcy
    • have never been convicted or are not about to be criminally prosecuted (excluding motor offences)
    Nowhere else does it ask about CCJ's. I would say you should be ok unless the call transcript proves you wrong.

    It does make you wonder though why you didnt disclose these CCJ's?

    On reading and understanding those assumptions, why would anyone think they had to "disclose" ccjs?

    So why are you saying "it makes you wonder why"?
  • iamana1ias
    iamana1ias Posts: 3,777 Forumite
    Quentin wrote: »
    On reading and understanding those assumptions, why would anyone think they had to "disclose" ccjs?

    So why are you saying "it makes you wonder why"?

    I think he means when she disclosed the 20 year old one.
    I was born too late, into a world that doesn't care
    Oh I wish I was a punk rocker with flowers in my hair
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    CCJ's are judgments not convictions.
    .................:)....I'm smiling because I have no idea what's going on ...:)
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