Insurer won't pay, may lose house.

One_Five_Four

Thanks for the replies.

I'm sorry, I was trying to avoid people having to read all of the topic again and should have said he has become limited since the accident. He was a sole trader at the time it happened.

Please can anyone advise if, given his age and circumstances, he is likely to be able to borrow against his house to raise some more money to offer to the insurers?

Thanks again.

Quentin

It:s possible.

But it puts the house in jeopardy.

Safeguarding the house from being sold irrespective of it being in joint names come bankruptcy should be an urgent priority.

dacouch

Try posting on this section of MSE http://forums.moneysavingexpert.com/forumdisplay.php?f=136 they will know how things work and anything you can do

spacey2012

Only a court of Law can finally rule his insurance invalid, so if they begin legal proceedings he will have to add his insurance company as defendant.
The FOS have been over ruled in court before on a similar case, I think it was Edmund house working mens club or similar name, FOS ruled against the roofer stating his insurance was invalid and a high court judge ruled he did have insurance and they had to pay.
The insurance lost the appeal as well.
So this is not the end of the fight, just an hurdle in his way .

One_Five_Four

Quentin wrote: »

It:s possible.

But it puts the house in jeopardy.

Safeguarding the house from being sold irrespective of it being in joint names come bankruptcy should be an urgent priority.

Thanks Quentin (& others).

Any chance of giving me a brief idea of what is needed to safeguard the house please?

As to his insurance paying out, the FOS pointed out that he hadn't complied with three of the conditions for the use of naked flames in his insurance schedule, so is there any chance that a judge would still find in his favour?

Thanks again.

Quentin

He really needs proper advice, but he can ensure that there is no possibility of the house being sold should he be made bankrupt by getting to a situation where he has no interest in the house. This needs doing ASAP!

Though losing the house was his concern originally, so maybe this has been dealt with by his solicitors????

One_Five_Four

Thanks very much Quentin.

I don't think his solicitors will have done this (in fact I don't think they actually had the faintest idea about what to do with any of it, but that's something I'll be looking into once this is all dealt with) but as the insurance company know all about his house and mortgage already, will it not be too late to change it into his wife's name?

I have also posted a separate topic about this in the bankruptcy section as suggested.

Thanks again.

Quentin

One_Five_Four wrote: »

..... as the insurance company know all about his house and mortgage already, will it not be too late to change it into his wife's name?....

If they have put a charge on his house then he will know about it (it would involve a court case over the debt)

One_Five_Four

Thanks once more. There isn't a charge on it as far as I'm aware, so does he still have the chance to do that, even though it will clearly be to avoid a debt? We were under the impression it was not possible to do this.

Quentin

From where? Has he taken proper legal advice?

You say he's spent £25k on legal fees over this, so got to be able to spend a little more to get this sorted.