Legal expenses insurance compensation offer- WWYD?

johnsof75

Unfortunately in 2023 I  had to make an ET Claim against my employers. My insurance includes legal expenses so I applied to them for help . The insurers instructed a solicitor who in turn sought opinion on the merits of my case from Counsel. Counsel assessed that my claim had a reasonable (over 51%) chance of success however the solicitors turned down my request. I appealed the decision and an investigation was undertaken. I have just had the results and been told by my insurers that the claim should have been accepted for funding. I have been offered £300  compensation. I am unhappy with this offer- the case is ongoing so I feel they should provide legal assistance from now on. I have incurred financial costs (had to pay for legal advice and assistance including help completing the ET1) and had to represent myself for over 18months which was extremely stressful and time consuming. Do you think I am being unreasonable to say this offer is insufficient? WWYD? 

DullGreyGuy

What are you actual costs to date?  Have they agreed to reimburse them, and if so, is that in the £300?

Are they proposing to cover the legal costs going forward?

johnsof75

Thank you for your response. I was charged £5,131 for a solicitor to read all the documents, advise on the merits of the case and prepare the ET1. They haven't agreed to reimburse this cost nor have they proposed to cover the legal costs going forward. 

They said the £300 is compensation for any distress and inconvenience caused. I think this is insufficient given I  have had to act as a litigant in person (do all the disclosure, schedule of loss, witness statements , draft opening statements etc) for over 18 months. But I wanted to check if I was being unreasonable/what others would do. 

DullGreyGuy

johnsof75 said:

Thank you for your response. I was charged £5,131 for a solicitor to read all the documents, advise on the merits of the case and prepare the ET1. They haven't agreed to reimburse this cost nor have they proposed to cover the legal costs going forward. 

They said the £300 is compensation for any distress and inconvenience caused. I think this is insufficient given I  have had to act as a litigant in person (do all the disclosure, schedule of loss, witness statements , draft opening statements etc) for over 18 months. But I wanted to check if I was being unreasonable/what others would do. 

Presumably you are dealing with them within the complaint framework? If so then you can say you dont agree with any of the parts and that you intend to go to the Financial Ombudsman. 

Be careful on time though, if they have already issued you with a Final Response to your complaint then you only have 6 months to take the mater to the FOS. There have been several cases on here where people have continued arguing after the FR, got no where, gone to take it to the FOS and it's been rejected as being too long since the FR. 

johnsof75

Thank you. The final response was issued at the end of October so think I have time. However the claim is due to be heard summer 2025 and I'd like to have legal representation. Would you take it to the Ombudsmen? 

DullGreyGuy

johnsof75 said:

Thank you. The final response was issued at the end of October so think I have time. However the claim is due to be heard summer 2025 and I'd like to have legal representation. Would you take it to the Ombudsmen? 

Personally? Yes