Judicial review insurance

elsien

https://forums.moneysavingexpert.com/discussion/comment/81886966#Comment_81886966

Have you made a formal complaint to them?

user1977

https://forums.moneysavingexpert.com/discussion/comment/81886975#Comment_81886975

Yes, it's a rather less risky proposition if you've already got your planning (and everyone can figure out from objections etc whether there's likely to be somebody still on the warpath).

From a claimant's point of view, they are generally clutching at straws, you really either need the money or have persuaded somebody to do it pro bono.

Isn't the ombudsman a more sensible next step here?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81887022#Comment_81887022

The reason ATE works is because the solicitor has reviewed the case first and determined it meets the probability of success criteria. Insurers keep track of solicitors experience and will charge more to those that continuously misjudge the prospects of success.

SebLaila1

thank you for your input it’s much appreciated.

SebLaila1

https://forums.moneysavingexpert.com/discussion/comment/81887029#Comment_81887029

the ombudsman will carry out an investigation and if they find any wrong doings they will only tell the council to amend their procedures, issue an apology and possibly make a token gesture compensation payment, the ombudsman has no say on the actual decision making. In my case I have lodged a complaint with the ombudsman, if you then take legal action i.e. JR, the legal action takes precedence over the ombudsman so the ombudsman will not pursue their investigation.

SebLaila1

https://forums.moneysavingexpert.com/discussion/comment/81887020#Comment_81887020

yes, been through their stage 1/ stage 2 complaints procedures and they just deny everything and state everything they are doing is correct which is nonsense, they still can’t decide what to do. Initially said no planning required, then said they were going to serve an enforcement notice on the business with conditions which they can’t do and still can’t make a decision on retrospective planning application. Hence the reason of raising my complaint with the ombudsman.