taking an insurance company to court

insured

Hi
I am posting this on a couple of the boards in the hope that someone can help me. I apologise if you have seen this before, but I am getting a bit desparate.
I

toonfish

If their own doctor says you are not fit to work I don't see they have a leg to stand on, unless you have "suited occupation" cover and they think you could do alternative work.

Who is the insurer?

dunstonh

I am posting this on a couple of the boards in the hope that someone can help me. I apologise if you have seen this before, but I am getting a bit desparate.

Please dont do that as some of the areas are off topic and in this section many of the posters are the same in each section.

1. How do I pursue a claim through the courts. The claim is for £1000 per month which fits into the small claims criteria on a monthly basis, but is an ongoing matter, so how do I do this.

Small claims is no good as you are claiming far more than the limit.

I am taking it up with the ombudsman but the ombudsmans office is backlogged at the moment, so I want to take it through the court. The FOS isnt that backlogged. Certainly you would expect something like this to take upto 6 months. Court action would take longer.

It's a big risk for you as if you lose you will be liable for their costs as well as your own.

insured

hi toonfish Thanks for support.

JoeK_3

How old are you?

You are talking about suing for £12,000 x number of years to the end of the policy term.

This is not a small claims court case but the big courts and if you lose, you could end up with a massive bill for the insurance companies barrister.

Have you consulted an IFA in connection with this?

JoeK

lynzpower

have you got legal cover with your contents insurance? Do check.

toonfish

lynzpower wrote: »

have you got legal cover with your contents insurance? Do check.

Good point, often tagged on to house insurance policies, some folk even have it with their bank account.

Conrad

insured wrote: »

hi toonfish Thanks for support.
I have also been certified as incapable of any work by the DSS let alone my own occupation.

The DSS are notorioulsy lax compared to insurers. They accept claims from people with bad backs, slight limps and so on, yet I know someone with severe Cerebral Paulsey which gives her immense mobility / motor skills problems yet she works full time and brings up a child. I guess shes from the Douglas Barder school of thought (if you can blow up balloons you can work)