Taking broker to small claims court

David_InsDef

InsideInsurance wrote: »

But remember that we are talking small claims here, presumably its under 10k, in which case solicitors fees are excluded as it is intended that small claims can be handled without the need for solicitors.

So if the OP won the case their insurers/ broker still wouldnt be liable for the sols fees.

FOS is cost free and there is a chance that the FOS MAY say a token solicitor fee was reasonable and should be reimbursed

It may be helpful if they actually said what the underlying problem is.

Ah that's a good point. I guess this is an interesting case in that the financial loss element and therefore the subject of the small claim (i.e. the sols fees) is the cost of forcing the insurer / broker to perform the contract; but the OP wouldn't be engaging / using the solicitor in recovering those costs through small claims?

Quirky one.

Quentin

kingstreet wrote: »

Can someone link the posts the OP is alluding to here;-



as my search is proving fruitless.

https://forums.moneysavingexpert.com/discussion/5039957

kingstreet

Cheers. Stopped at page 5 of OP's posts.

InsideInsurance

For free advice, what has your Landlords insurance said about the liability claim being brought against you? Are they saying its a building's insurance issue or have you not spoken to them?

Do you actually have a copy of the policy to see the exact terms? ie the full terms not just the snippet that was previously given

Do you have Legal Expenses cover on your LandLords cover for free advice and potentially free action against the other parties?

To be honest there are going to be so many contracts in play here... your leasehold, your tenancy agreement, the landlords insurance, the block insurance, possibly a contract with a management company. All of these need to be reviewed to trace liability and thus then review the correct insurance contract

Mrs_pbradley936

InsideInsurance wrote: »

For free advice, what has your Landlords insurance said about the liability claim being brought against you? Are they saying its a building's insurance issue or have you not spoken to them?

Do you actually have a copy of the policy to see the exact terms? ie the full terms not just the snippet that was previously given

Do you have Legal Expenses cover on your LandLords cover for free advice and potentially free action against the other parties?

To be honest there are going to be so many contracts in play here... your leasehold, your tenancy agreement, the landlords insurance, the block insurance, possibly a contract with a management company. All of these need to be reviewed to trace liability and thus then review the correct insurance contract

Well I have chased both contents and Landlord insurance and they both (different firms) tell me that it is (should be) covered under the liability section of the buildings policy. That is what the FOS and this solicitor think too. I have had preliminary dealings with the FOS as in a phone call and a couple of emails exchanged.


The contents is just that damage to a carpet/coffee table etc. The Landlord insurance is for putting people up if my flat (which tenants are in) becomes uninhabitable or if I need a locksmith because keys have been lost.