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

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Comments

  • Boxxman
    Boxxman Posts: 20 Forumite
    eskbanker wrote: »
    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):
    so even if you can demonstrate breach of contract, the relevant damages would be limited....
    The storage company involded is Access Self Storage but the terms & conditions of this last is similar to standard Access Self Storage Ts & Cs. However, as themeselves they breached the contract and their terms & conditions, I beleieve this last is no more relevant (especially if I can prove their harassment, misleading etc...
  • eskbanker
    eskbanker Posts: 37,953 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Boxxman wrote: »
    I believe implicitly FOS can proceed with this case breach of contract considering the consequences of this last as described here.
    Boxxman wrote: »
    The storage company involded is Access Self Storage but the terms & conditions of this last is similar to standard Access Self Storage Ts & Cs. However, as themeselves they breached the contract and their terms & conditions, I beleieve this last is no more relevant (especially if I can prove their harassment, misleading etc...
    Perhaps you've got an overactive autocorrect or aren't a native English speaker but it's not clear to me what you actually mean by your repeated references to 'this last', this last what?

    Anyway, it still sounds like you need to sort out exactly who you plan to pursue and how - assault and harassment by individuals are criminal matters that need to involve the police, but breach of contract is a civil matter that would need to be pursued by suing the company, so my point was that the latter would be judged by reference to the contractual Ts & Cs rather than any criminal actions of employees.
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