losing patience

mandolio

Please help, I really need advice on this.

When i took out contents insurance with Barclays i specifically told them that i had photography equipment that i needed insured in any circumstance. A few years later i got my boot of my car broken into with a frequency scanner (the police didn't even know about these at the time), as there was no way the boot could be accessed other than with the frequency. Anyway, i claimed and they first told me i didn't have personal items contents insurance. When i queried it, they eventually told me that when they had changed underwriters my policy had been migrated incorrectly. They amended my details and allowed me to claim. I had lost over £6k of equipment etc and they offered me 1.5k as settlement, saying that was the limit i could claim from items in a car. I told them i knew nothing about this in the policy and I asserted that i had told them when i applied that i needed my equipment covered in any circumstance but they refused this. When their own staff looked at the policy it took them twenty minutes to find the small print they were hiding behind (how is a layman supposed to work this out?). Anyway, i complained and after one lengthy and drawn out year they refused me any more money. I took the case to the Ombudsman and they have been sitting on it for another 10-11 months, still with no resolution. To me it seems clear - either i was mis-sold insurance or they are hiding behind misleading small print that i wasn't made aware of. Under their policy, i would have only been covered for my equipment if i were in my house or in someone else's - not exactly useful for photography equipment. Let me also assert here that i was not, at the time of the robbery, working as a professional photographer, so i didn't need business insurance.
I've waited nearly two years now. Two months after the robbery, my business, of which photography was a main part, under the assumption that i would receive the money due back to me. My business has now gone under, as i have had to turn down photography job after job and the web side didn't pull in enough to cover it. I have been under so much stress and financial pressure i'm now in counselling (sorry for TMI) and i'm no better off than i was when all this started two years ago.
Lastly, I found out, (after stupidly taking my eye off my personal account for far too long due to stress) that although i cancelled the insurance two months after the robbery out of disgust, Barclays continued removing money from my account for a year and a half. I know i should have noticed but i was in a bad place.
My (long-awaited) questions are this: How long should this query be taking?! What happens if the ombudsman (who don't seem to be taking this very seriously) come back with a negative resolution? Can i take this to court? Has anyone any advice for me on this, as i feel like i've been left on my own and i don't know where to turn. One last question; can i cash the original 1.5k cheque they sent me whilst the case is with the ombudsman, or would this be considered an acceptance of the settlement? Please help (preferably without judgement on how badly i've handled my account!). Thanks in advance.

forgotmyname

I guess its down to the small print and the initial call to start the insurance.

I guess its how they class the items also, Ive seen a post where they classed a load of fishing items as one.

Is there a limit on the claim limit for each item or max amount for items away from home?

Maybe sue them for the costs? But that could be costly. So get proper legal advice 1st.

mandolio

When i asked them to refer to the recording of the initial conversation i had opening the policy they conveniently say they can't find the recording.
They say that the items stolen are limited to 1.5k as they were "items kept in the car" - although they weren't items kept in a car, they were personal items (which the policy states can be covered up to 5k) being transported in a car. Even Barclays staff said they thought that meant items such as stereos, spare tyres, mechanical items etc and not personal items. To me, it seems as though they are finding any reason not to pay. I really need to know what my options are, as i feel like Barclays Insurance have - every step of the way - behaved atrociously. It's especially painful considering what Barclays are in the press for - i.e.: mis-selling and fixing issues. It seems mis-selling is endemic throughout the organisation - from large scale to small personal accounts. I feel so let down.

mandolio

again, it's more about the policy i was told i had been sold and not the one i was given. I'm not an insurance underwriter and i trusted them to sell me a product i needed. In the end i was paying £49 per month for a useless product.

verityboo

mandolio wrote: »

I had lost over £6k of equipment etc and they offered me 1.5k as settlement, saying that was the limit i could claim from items in a car. Let me also assert here that i was not, at the time of the robbery, working as a professional photographer, so i didn't need business insurance.

Two months after the robbery, my business, of which photography was a main part.......has now gone under, as i have had to turn down photography job after job

Bit confused. After having the photographic gear nicked you started a photographic business which folded because you didn't have the equipment?

Do you have the original documents supplied to you after first taking out the policy? There would have been a cooling off period after taking out the policy for you to thoroughly check the policy to ensure it provided the covered you required.

mandolio

I had been in the process of opening my business when the robbery happened. Photography was in the business plan but wasn't the sole function of the business. I assumed that I would have my equipment replaced so I didn't stop the process, as I had spent a lot of time and money at that point setting it up. It only started trading 2 months later.
I did read the policy they sent. It stated that personal possessions were covered up to 5/6k (I believe the amount was reduced when they changed underwriters).
I had double checked with them that my equipment would be covered in ALL circumstances. Now they're saying it was in the car so there's a limit of 1.5k. So, I was either mis-sold insurance or they are hiding under a definition they didn't explain to me. To me "items kept in a car" is stereo, sat nav etc. my personal belongings were being transported in a car. Please don't assume I've acted in a naive way, as Barclays staff in branch have agreed with me about the definitions, and as I'm not a legal underwriter I assumed Barclays had sold me a policy fit for purpose. As I said previously, the policy isn't much good for photography equipment if I was only covered in my house or someone else's.

huckster

Write to Barclays Data Protection/compliance manager and ask for a copy of all your data, including phone calls, particularly the call during which you bought the policy. If you pay £10 admin fee for a Data Protection subject Access Request to Barclays, asking for everything, they may be able to send you recordings of the calls, plus transcripts. But do specifically ask for recordings of all calls and transcripts. Barclays would have up to 40 days to supply all the info.

somalt

You seem to have a couple of separate issues:

1 Barclays continuing to take money after you thought the policy was cancelled.
How did you cancel the policy? Over the phone or in the branch and do you have any confirmation of that? If you had taken cover through a different company (Dual insurance) You would need to let both providers know and generally you would be able to reclaim 50% of the premiums paid from each insurer.

2 The claim.
From what you have said, I believe you have complained to the business, remained unhappy with their response and referred the issue to the FOS already. What responses have you received? In 10-11 months I would expect the claim to have been reviewed by an adjudicator. Has that happened? If either you or the business reject the adjudicator's response it would then be referred to an Ombudsman. If that has happened the waiting time is probably 12 months depending on that individual Ombudsman's case load.

3 Possible claim for mis-selling of the policy.
Where was the policy taken out? You seem to be referring to conversations in the branch? If so it is unlikely there will be recordings of the conversations. Have you raised a complaint with Barclays in respect of mis-selling?

Judging from the policy booklet accessible on the Barclays website there is a limit for personal possessions cover for items taken from an unattended car.

4 Cashing the settlement.
The cheque may no longer be valid as generally they expire after 6 months. Normally, cashing a settlement when you have referred to the FOS is not considered as accepting it as final settlement. But, you would probably be best to confirm that with the FOS directly.

jonesMUFCforever

Just my 2p worth - probably not what OP wants to read.
Should the photography gear not have been covered by some business policy not ordinary house insurance?

OP did you inform Barclays that you were running a business?

Did you not only not read the policy but also the schedule of insurance? - This tells you the limits on each section of the policy.