a bit of a rant!

lisyloo

does this mean they have had people who've deliberately washed their phones?

I doubt anyone would deliberately wash their own phone, but an irate spouse, child or mate beahving badly might do it.

robdav99

Selden wrote: »

It may beut only the OP can tell us. If it is, I agree with FlameCloud, take all the emotion out of the letter:

Dear xxxx

Complaint
Policy number: xxxx

You have rejected my claim for the damage caused to my mobile 'phone when I accidentally put it through a wash cycle in my washing machine.

I understand that you are relying on condition F)10 of the policy which excludes damage which I have failed to take reasonable precautions to prevent.

You will be aware that to breach a reasonable care condition a policyholder must be reckless - that is he must recognise that a risk exists and either take no steps to avert it or steps which he knows are inadequate (Sofi v Prudential Insurance [1993] 2 Ll Rep 559).

I was not reckless. There was a degree of urgency in placing my trousers into the washing machine as I had spilt oil over them. In the rush I did not realise that my 'phone was in one of the pockets - I simply failed to recognise that a risk existed. At worst this was momentary inadvertence which is not caught by a reasonable care condition (Port-Rose v Phoenix Assurance co Ltd (1986) 136 NLJ 333).

Please review my case. If you are not prepared to reverse your decision, I intend to refer the matter to the Financial Ombudsman Service.

Yous sincerely

That sounds amazing, thanks

robdav99

Just to update this thread.
I sent a letter to CPP about 2 weeks ago almost word for word what Selden wrote and received this back today.

Date: 23nd June 2011



Dear Mr Davies



Policy Number *************



Thank you for your correspondence relating to your appeal. I have now had an opportunity to review why your claim was declined and have also considered your comments.



Under the policy terms and conditions, we expect the policy holder to take reasonable precautions to protect their handset. We do not consider neglecting to check the pockets of clothing articles prior to placing them in the washing machine, as due care.



However as you have explained the incident occurred under unusual circumstance, I am willing to accept your claim as a gesture of good will on this occasion.



Please therefore, contact our claims department on 0845 300 36 95 to arrange for the payment of the £25 excess and so that they can complete the assessment of the claim.



You are a valued customer and I trust your appeal has now been resolved satisfactorily. Please also find attached a copy of our complaints procedure for your reference.



Yours sincerely

Very happy to say the least, thanks for all your help everyone. :T