Claim for malicious damages to Financial Ombudsman after denied by Lloyd's insurance

molerat

Boxxman wrote: »

I believe implicitly FOS can proceed with this case breach of contract considering the consequences of this last as described here.

But that is in relation to a financial / insurance product, your problem is with a business contract and nothing to do with the insurance.

Blibble

Boxxman wrote: »

I believe implicitly FOS can proceed with this case breach of contract considering the consequences of this last as described here.

The link provided is FoS' guidelines on how compensation payments for insurers are calculated when the insurer is found to have been below the standard of service expected by FoS. It does not describe your situation as FoS have not ruled yet on your case.

You will need to prove, as per above, that losses suffered from a breach of contract (which, I feel, we all agree this is) is covered under your home insurance.

Boxxman

Blibble wrote: »

The link provided is FoS' guidelines on how compensation payments for insurers are calculated when the insurer is found to have been below the standard of service expected by FoS. It does not describe your situation as FoS have not ruled yet on your case.

You will need to prove, as per above, that losses suffered from a breach of contract (which, I feel, we all agree this is) is covered under your home insurance.

I see. So, the only option left seems to make a claim against Access Self Srorage at the court. If I am not wrong I have 5 years to do so.

lisyloo

If I am not wrong I have 5 years to do so.

If you are going to take court action you'd be better off doing it as soon as you can.
Witness evidence that relies on memory will become less reliable and some people may become difficult to locate (or become ill, die or move abroad). Any possible CCTV footage won't be kept for 5 years, plus the obvious question from the magistrate/judge will be "why did you leave it so long".

eddddy

To make a claim for breach of contract, you will have to...

- carefully read the contract you have with the storage company

- point out the terms in the contract that the storage company broke

- explain why breaking those terms resulted in you losing money


The things you mention in the following post are not relevant to a breach of contract claim...

Boxxman wrote: »

On balance of probability, unlawful competitors (they were trying to take over my business) paid somepeople in the storage staff in order to make me stop trading. During the last 6 months I faced more than 8 sabotages, a robbery and two assaults.

In relation to my business I have been previously assaulted by the same competitors resulting in injuries for life.

... These would be crimes (for example assault, robbery criminal damage), which it is up to the police to investigate.

agrinnall

What sort of legitimate business are you in that faces such issues? Would you not be better considering a different line of work?

Boxxman

eddddy wrote: »

To make a claim for breach of contract, you will have to...

- carefully read the contract you have with the storage company

- point out the terms in the contract that the storage company broke

- explain why breaking those terms resulted in you losing money


The things you mention in the following post are not relevant to a breach of contract claim...



... These would be crimes (for example assault, robbery criminal damage), which it is up to the police to investigate.

The police (claims) to still investigating.

Boxxman

agrinnall wrote: »

What sort of legitimate business are you in that faces such issues? Would you not be better considering a different line of work?

My business was event promotion (offline and online marketing) but apparently underestimated the issues I could face in the street.

I can only agree with you regarding the change of work. But you will be surprised if I tell you where some of my offenders work [those who (on balance of probability) instructed my offenders from the beginning until present] : dwp.

Boxxman

molerat wrote: »

But that is in relation to a financial / insurance product, your problem is with a business contract and nothing to do with the insurance.

I have better under understanding now of the situation. I may add this claim into my ungoing CICA claim (hoping this at the end will accept my appeal for a review sent to them more than three months ago).

eskbanker

Boxxman wrote: »

I see. So, the only option left seems to make a claim against Access Self Srorage at the court. If I am not wrong I have 5 years to do so.

Worth noting that the standard Access Self Storage Ts & Cs specifically exclude liability for consequential business losses (and cap liability at the value of the stored items):

Our general liability to You

20. Subject to any exceptions set out in the Agreement:-

20.1 our entire liability to You under this Agreement (including as a result of Our breach of this Agreement and/or negligence by Us, Our agents and/or employees), shall not exceed the true total
replacement value of the Property set out in the Storage Agreement.

20.2 in addition to Clause 20.1, You should note that We exclude all liability to You in respect of:-

20.2.1 loss or damage relating to Your business, if any, including but not limited to, lost profits, business interruption, loss of goodwill or reputation, and loss of future profits or business, regardless as to how such loss or damage was caused;

so even if you can demonstrate breach of contract, the relevant damages would be limited....