GAP insurer refuses to pay out

Quentin

Before getting involved with legal action if you are unhappy with the reply you can then escalate to the fos at no cost to you for their adjudication.

If it gets that far and you are unhappy with the fos decision you can still take legal action. (But the insurer must accept the fos decision if it's in your favour)

FutureGirl

I don't think legal protection with the home insurance would cover this.

missytake

I am going to check with my home insurers tomorrow. If not, then I may go via the small claims court.

Quentin

missytake wrote: »

I am going to check with my home insurers tomorrow. If not, then I may go via the small claims court.

Before embarking on the small claims court (which will involve you in paying the court costs upfront, and will be lost if you lose the claim) why not await the outcome of your complaint (and escalation to FOS if you are unhappy with the response to your complaint) as that will cost you nothing at all (win or lose)


Then if you do get a rejection of your complaint you can decide whether to spend on a court case (get proper legal advice on your chances of winning first)

missytake

Quentin wrote: »

Before embarking on the small claims court (which will involve you in paying the court costs upfront, and will be lost if you lose the claim) why not await the outcome of your complaint (and escalation to FOS if you are unhappy with the response to your complaint) as that will cost you nothing at all (win or lose)


Then if you do get a rejection of your complaint you can decide whether to spend on a court case (get proper legal advice on your chances of winning first)

I do intend to wait for the outcome of my complaint and if it isn't acceptable I will use the FOS to pursue them. I have already spoken to them and they will be quite happy to act on my behalf.

rs65

missytake wrote: »

I do intend to wait for the outcome of my complaint and if it isn't acceptable I will use the FOS to pursue them. I have already spoken to them and they will be quite happy to act on my behalf.

Just bear in mind that the FOS' role isn't to act on your behalf nor pursue your insurer. Their role is to consider and review your complaint.

The ombudsman service is neither a consumer champion nor an industry trade-body. We’re completely impartial – just as a judge would be if you took your complaint to court instead of to us.

Our role is to reach a fair and reasonable decision about the complaints we look at – based on the facts of each individual case. In some cases, we find there’s just been a misunderstanding – or we don’t think the business has treated the consumer unfairly. In these situations, our job involves explaining why that is.

roddydogs

Car dealers will love this, theyll say you should have taken out our GAP insurance @ £350 instead of going online for say £125. Can we assume its not from the dealer?

dunstonh

I do intend to wait for the outcome of my complaint and if it isn't acceptable I will use the FOS to pursue them. I have already spoken to them and they will be quite happy to act on my behalf.

The FOS are an independent arbiter of complaints. They are not "quite happy" to act on your behalf. They will act on their own behalf and look at both sides and make a decision. They do not pursue companies.

The FOS telephone line though is consumer biased. It is staffed by people are are encouraged to not turn anything away unless it is obviously outside of their remit. So many people who use the FOS telephone line say the FOS told them they would be happy to look at it or it is something they would like to look at. It is almost scripted.

The FOS is more favourable to the consumer than the courts. It considers fairness and quality of documentation rather than the actual written word. So, it is always logical to use the FOS first.

missytake

Thanks all for your input. I am patiently awaiting the outcome of the Gap insurers to my formal complaint. Meanwhile, I have had a result fro my original car insurers. Whilst I was very happy with the way they handled my claim, I was also unhappy that whilst in the hands of their agents, ie recovery agent, all my personal belongings disappeared and when I went to collect them there was just a few soggy bits left in the boot of my car. The limit for my personal belongings was £200 on my insurance policy However, they have agreed to pay me £340 compensation. My original claim was for £430. I have compromised with them due to wear and tear. They have also said they will still pursue the recovery agents for an answer as to why the goods were not safeguarded.

missytake

The Gap insurers have officially told me that they will not pay my claim. I have today prepared all the paperwork for the complain to the FOS. I found an email that they wrote to me when my main insurers offered a settlement.


" We have contacted your Motor Insurers who have now confirmed their settlement offer of £16452.00 to us.
>
> Please note that when your claim is finalized the enclosed Glass's Guide retail valuation of £16680.00 will be used as opposed to the Motor Insurers valuation of £16452.00. You may therefore wish to contact them with a view to negotiating an increased settlement."


I hope this will add weight to my complaint about non payment of my claim by the GAP insurers.