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Urgent advice needed re house insurance claim

Bit complicated this one but here goes.

My sister moved into a bungalow in August 2007.
In November that year she noticed that there was a leak on a radiator and that there appeared to be water sloshing around under the floor. The leak in the radiator was repaired and sloshing sound of water disappeared.

However at the beginning of May this year she noticed that once again there was water under the floor.
She called a plumber who said he couldn't attempt to track down the leak as the floors are what is known as "floating floors" and that the pipes underneath had not been lagged when the bungalow was built 20 years ago and that there were probably multiple leaks under there.

She contacted the insurance broker who sold her the house insurance.

To cut a very long story short in the past 4-6 weeks she has had a loss adjuster down who said she needs to move out so that the work could be completed.

We set about finding alternative property for her and started planning the move.

However, yesterday we were told by the loss adjuster that the insurance company would not do anything until the leak was fixed so that they could then decide if they were liable for it. I phoned the insurers "Hathaway & Co" who are apparently responsible for the policy. I spoke to a Mr Micheal White who said that because my sister had first noticed a problem back in November (she put this down to the radiator leak) he did not think they could be held responsible.

I have tried everything to get this man (Mr White) to change his mind. We have had another plumber out today and he has confirmed that there are numerous leaks under the floor that cannot be found until the property is empty.

I have contacted the complaints department at "Lloyds" as they are the underwriters, but they can't do anything until we complete forms and send them back.

We are at the end of our tether. My sister has breast cancer and is in the middle of chemotherapy. To say this is making her ill is an understatement.

Please can someone advise me where I can turn to. The only thing I can think of doing is going to the media.
Thanks
pam
«1

Comments

  • dave_behave
    dave_behave Posts: 47 Forumite
    It's a difficult one.

    Really, if water was heard last year then it should have been investigated at the time and any problems stopped to ensure no further damage was caused. The insurer can now say that the damage has been left to get worse, therefore the costs of the claim will be higher than if they had been informed at the time.

    All you can do is go along the lines you currently are, and the only advice is that in the future if you have any problems, make your insurers aware. It is then up to them to act.
  • pampam
    pampam Posts: 435 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    It's a difficult one.

    Really, if water was heard last year then it should have been investigated at the time and any problems stopped to ensure no further damage was caused. The insurer can now say that the damage has been left to get worse, therefore the costs of the claim will be higher than if they had been informed at the time.

    All you can do is go along the lines you currently are, and the only advice is that in the future if you have any problems, make your insurers aware. It is then up to them to act.

    As I explained earlier we presumed the radiator leak had caused the water sounds as it went away once the radiator was repaired.
    However, you are quite right the insurer is saying that we knew about the leak last year.
    I have managed to get a plumber to come at the weekend to see if he can locate the leak.
    The bungalow next door had exactly the same problem 8 weeks ago and the cause was corroded water pipes under the floor.
    I don't know what my friend will do if the insurers refuse to pay.
    It is 5 weeks now since we first contacted the insurers and the damp has started to come up the bedroom wall, carpets are damaged and most of the chipboard flooring will need to be replaced.
    My friend is a widow and is suffering from breast cancer. She survives on benefits and has not got any savings. She attempted suicide a couple of days ago and I dread to think what will happen if the claim is refused.
    The policy is underwritten by Lloyds. If the claim is refused I will try going through their complaints dept.
    If anyone has any suggestions or advice I would really appreciate it.
    Thanks
    Pam
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Pam, is this one of those stories where the "friend" is really you?
  • *MF*
    *MF* Posts: 3,113 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    pampam .. sorry to hear about all this.

    FYI - in case you don't know this ...

    Extract:

    Lloyd's is covered by the Financial Ombudsman Service (FOS). The FOS can consider your complaint once you have tried to resolve it with us, so please take your concerns up with us first and we will do all we can to help you.

    If you remain dissatisfied after our involvement, you may ask the FOS to review your complaint. We will send you a leaflet about the FOS at the relevant time.

    From here:

    http://www.lloyds.com/About_Us/Contact_us/Who_to_contact/Complaints_by_Lloyds_Policyholders.htm

    The Financial Ombudsman Service page can be found here:

    Link here:
    http://www.financial-ombudsman.org.uk/



    PS: And @ Oooooooohhhh I have no earthly idea what your post is meant to convey, other than to cause someone to be upset, and given the circumstances outlined in this thread by the OP, I have asked for it to be removed - imho - it should never have appeared.
    If many little people, in many little places, do many little things,
    they can change the face of the world.

    - African proverb -
  • pampam
    pampam Posts: 435 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Pam, is this one of those stories where the "friend" is really you?

    No Jimmy it isn't me.
    I am trying to help my friend in any way I can as she is in no fit state to fight her own corner at the moment.

    Thanks to MF for the info I will keep you all posted on any news.
    Thank you so much
    Pam
    X
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    pampam wrote: »
    No Jimmy it isn't me.
    I am trying to help my friend in any way I can as she is in no fit state to fight her own corner at the moment.
    Sorry, Pam, it's just in the first post you said it was your sister then in the second post you said it was your friend. Just wondered, that's all.
    Hope your sister / friend gets it sorted.
  • pampam
    pampam Posts: 435 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hi Jimmy
    I can see where you are coming from!
    The thing is when I am on the phone with insurance company and loss adjusters I find it easier to say it's my sister but she is actually just my dear friend.
    I am pleased to say I have managed to get a plumber there today and he is replacing the pipework.
    I am praying that the insurers will cough up to pay for the new floors,carpets etc.
    Will keep you informed.
    Thanks for your interest
    Pam
  • pampam
    pampam Posts: 435 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    *MF* wrote: »
    pampam .. sorry to hear about all this.

    FYI - in case you don't know this ...

    Extract:

    Lloyd's is covered by the Financial Ombudsman Service (FOS). The FOS can consider your complaint once you have tried to resolve it with us, so please take your concerns up with us first and we will do all we can to help you.

    If you remain dissatisfied after our involvement, you may ask the FOS to review your complaint. We will send you a leaflet about the FOS at the relevant time.

    From here:

    http://www.lloyds.com/About_Us/Contact_us/Who_to_contact/Complaints_by_Lloyds_Policyholders.htm

    The Financial Ombudsman Service page can be found here:

    Link here:
    http://www.financial-ombudsman.org.uk/



    Hi Folks
    Update on this case. (Yes it has taken nearly a year for the FOS to look at it).

    We sent the complaint to the Ombudsman and unfortunately they can not overturn the decision made by the insurance company. This is because Lloyds say that the pipes were more than likely allready corroded prior to my friend buying the bungalow, therefore the damage is not covered under the policy. (See original post).

    We were just coming to terms with this when a letter arrived yesterday from a solicitor asking for nearly £12000 to pay for a water damage claim made by the next door neighbours following the original leak. (Apparantly the water had spread through to the under floor in their bungalow). Their insurance company arranged for the works to be done and they must have tried to claim it back from Lloyds.

    We have had no contact from anyone about this for 11 months then suddenly a demand for £1200 to be paid within 14 days or action will be taken.

    My friend is totally devastated. There is no way she can pay this. As I explained in earlier posts she is undergoing cancer treatment and survives on Sickness benefit and DLA. She doesn't have any capitol. I am really concerned about her and I fear she may be driven to suicide.

    Any advice or opinions appreciated. I just can't see what we can do now as we have gone down the only route I know of. Please can someone help?

    Thanks

    Pam



    :mad:
  • DotingDad
    DotingDad Posts: 70 Forumite
    edited 27 June 2009 at 11:36AM
    pampam wrote: »
    *MF* wrote: »
    pampam .. sorry to hear about all this.

    FYI - in case you don't know this ...

    Extract:

    Lloyd's is covered by the Financial Ombudsman Service (FOS). The FOS can consider your complaint once you have tried to resolve it with us, so please take your concerns up with us first and we will do all we can to help you.

    If you remain dissatisfied after our involvement, you may ask the FOS to review your complaint. We will send you a leaflet about the FOS at the relevant time.

    From here:

    http://www.lloyds.com/About_Us/Contact_us/Who_to_contact/Complaints_by_Lloyds_Policyholders.htm

    The Financial Ombudsman Service page can be found here:

    Link here:
    http://www.financial-ombudsman.org.uk/



    Hi Folks
    Update on this case. (Yes it has taken nearly a year for the FOS to look at it).

    We sent the complaint to the Ombudsman and unfortunately they can not overturn the decision made by the insurance company. This is because Lloyds say that the pipes were more than likely allready corroded prior to my friend buying the bungalow, therefore the damage is not covered under the policy. (See original post).

    We were just coming to terms with this when a letter arrived yesterday from a solicitor asking for nearly £12000 to pay for a water damage claim made by the next door neighbours following the original leak. (Apparantly the water had spread through to the under floor in their bungalow). Their insurance company arranged for the works to be done and they must have tried to claim it back from Lloyds.

    We have had no contact from anyone about this for 11 months then suddenly a demand for £1200 to be paid within 14 days or action will be taken.

    My friend is totally devastated. There is no way she can pay this. As I explained in earlier posts she is undergoing cancer treatment and survives on Sickness benefit and DLA. She doesn't have any capitol. I am really concerned about her and I fear she may be driven to suicide.

    Any advice or opinions appreciated. I just can't see what we can do now as we have gone down the only route I know of. Please can someone help?

    Thanks

    Pam



    :mad:

    I am no expert but common sense and observation says:

    If the damage existed before your friend/sister moved in then surely a claim could be made under the public liability part of the previous occupier's policy since at least some of the damage to the neighbour's property would have first occurred then from what you say if the pipes were supposedly corroded just 3 months after your daughter moved in!

    Lloyds and the other insurance company can then fight it out themselves.

    The difficulty may well be contacting the former occupier and finding out who their insurers were. It might be worth speaking the Ombudsman about this possibility.

    I wish you luck!
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Send the letter to her Insurers to deal, there is a part of the policy that covers Liability, this will deal with this if the next door neighboors can prove your friend is liable. This means the damage to the next door neighboors home could have "Reasonably been avoided"
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