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Fox poo 💩 No can do

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Silversmith67
Silversmith67 Posts: 11 Forumite
Sixth Anniversary First Post Photogenic
edited 4 July 2020 at 5:26AM in Insurance & life assurance
please Help advise Me 
My problem is with the insurance  company Castelan  .
My dog went out rolled in Fox poo .
We got home before I could shower her  she pushed the stair gate open on my living room and frolicked all over my two sofas rubbing her self on the way .
I tried to catch her i am not the fastest have bad RA got her out in the end .
I bought these two sofas from DFS paid for extra insurance  cover and the suit's to be sprayed with guardsman guard to help protect them  .
I bought 2  specialised cleaning kits  from DFS specially for my sofa recommended by them . 
So after the accident I wanted to clean the fox poo odder  off  because I couldn't use them 
I  proceeded to use the wipes.
 I noticed that Some of the red colour had  faded off as it dried in patches i checked wipes I had thrown away and they had redish tinge nothing bright but were slightly coloured  .
So this happened at the  end of Feb  just before lockdown I reported it straight away filled in online claim form .
Well I thought all this has happened due to accidental crazy dog damage and product recommended has left duit patchy marks  .
So it was lock down they Catelan  sent me a small pack of wipes said try these i did made it worse took more colour out  !
Then 3 weeks ago an assessor comes he tries wipe even more colour bleed happened he made it even worse  .
Strange as I payed for extra protection guards man spray so this  accessor could see colour  coming off and he rubbed more off trying to see what was happening .
He said it needs a re spray or new replacement 🤔 
Oh OK thank you within hours get email .
Followed by letter after Saying I have looked at our assessors  report  looking at your claim its not valid coverd by your policy because  colour loss was not accidental damage ?
So I ask them to look at it again !
i pled my case to this man said your wipes and your assessor made patches worse .
Again this cocky guy emails me No Way looked again i have decided claim not valid.! 
So emailed back asked to make a complaint that's in motion now but all will be done in house no doubt by the same guy .
Do I have any rights just know he's going to send email saying no way we won't cover it its your fault  .
I just can't  afford a respray or a new one at this time 😕 
I took the cover because I have pets it was an accident 🙃 
Thank you Diane xx 







Comments

  • angrycrow
    angrycrow Posts: 1,105 Forumite
    Tenth Anniversary 1,000 Posts
    The the fabric is not colour fast and the wipes sold with the sofa by DFS as being suitable strip the colour it seems the item is not of suitable quality or fit for purpose. How old is the sofa, if fairly new I would side step the insurance and approach DFS on the basis above. If you bought it on a credit card or finance you could also complain to the lender. 

    Next time probably worth hosing the dog down outside before letting it in the house. 
  • eddddy
    eddddy Posts: 17,961 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Firstly...

    Read your insurance policy with Castelan, to make sure that what has happened really isn't covered. TBH, it was clearly accidental damage (you didn't intend to damage your sofa), but there may be exclusions about using unsuitable cleaning products.

    Beyond that it becomes a bit complex...

    • If DFS sold you the wipes, they are not "fit for purpose" so they have "breached the contract", so you want to claim your consequential losses.

    • If DFS gave you the wipes for free, they were "negligent", so you want to claim your consequential losses

    • Castelan were "negligent" because they told you to use some wipes which damaged your sofa, so you want to claim your consequential losses

    • Castelan were "negligent" because their assessor used wipes on your sofa which damaged your sofa, so you want to claim your consequential losses

    • But Castelan might claim that the sofa had a manufacturing defect (because the colour was not fast) and therefore they were not negligent - and therefore you have to claim from DFS because the sofa was not "fit for purpose" and/or "satisfactory quality" and therefore DFS "breached of contract".

    So I suspect this will end up with each company blaming the other.
  • coffeehound
    coffeehound Posts: 5,741 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    Why do people keep dogs?  Honestly.  
  • eddddy
    eddddy Posts: 17,961 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Just another comment...

    Is the product you have with Castelan described as "insurance" or something else... like a "care plan", "warranty" etc?

    If it's "insurance" it will be regulated, so the easiest route might be to follow Castelan's complaints procedure, then complain to the FOS (Financial Ombudsman Service) first.

    You're likely to have a better experience that way.

  • Thanks guy .
    Well i am in the first rung of the complaints procedure good to know theres other  Avenues  I can explore  x 
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