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

Boxxman · 14 May 2018 at 10:52AM

Hi all,
First thanks for your helpful content.
I was using a storage an unit for my small business but one day without any legitimate reason and/or writing 7 days notice (as it is supposed to be in accordance with the company own terms and conditions) the storage company prevent me access to the storage and also caused a business interuption until present (since February 2018).
I made a claim for malicious damage to the storage company/insurance I subscribed too (LLoyd's insurance) but this last denied my claim saying that there is not a malicious damages because there wasn't any physical damages to my items in the storage. Also, after the final decision from Lloyd's I made my claim to the Financial Ombudsman two months ago but I find them a bit slow as I believe my case is obvious.

Also I would like to know if anyone has dealt with these kind of matters or have any advice as I couldn't find similar threads on the forum.

Thanks in advance.

[Deleted User] · 14 May 2018 at 11:15AM

Boxxman wrote: »

I made a claim for malicious damage to the storage company/insurance I subscribed too (LLoyd's insurance) but this last denied my claim saying that there is not a malicious damages because there wasn't any physical damages to my items in the storage.

What was maliciously damaged?

Reardoa · 14 May 2018 at 11:17AM

They are correct in that it is not a malicious damage claim. Sounds more a legal issue than an insurance one.

Quentin · 14 May 2018 at 12:45PM

Cheapest option for you is to await the FOS adjudication (as no cost to you whatever the outcome)

The only alternative is to pursue your claim through the court, but this will involve you paying court fees up front that you can only recover off the defendant if you win

Before embarking on court action and spending on court fees get proper legal advice on your chances of winning

Boxxman · 14 May 2018 at 1:06PM

Deleted_User wrote: »

What was maliciously damaged?

I lost the items in the storage unit (I've been assaulted in the storage by the staff of the storage after the created a fake argument and later advised by the Police to not go back to the storage) as for my safety I had to leave the country (the storage prevent me to have access to my working tools/business items).
In addition, as stated this matter cause business interruption.

Boxxman · 14 May 2018 at 1:30PM

Reardoa wrote: »

They are correct in that it is not a malicious damage claim. Sounds more a legal issue than an insurance one.

The insurance contract stated :

2) Insured Perils

Actual physical loss of or damage to Your property caused by fire, lighting, explosion, earthquake, storm, flood, burst &/or leaking pipes, ingress of water or other liquid substance, moth, insect and vermin from an external source, theft accompanied by forcible and violent entry to or exit from the building or storage unit, riot, strike, civil commotion, malicious damage and impact by railway rolling stock, vehicles or aircraft and where Our forklift service has been provided to You, damage to Your property as a result of impact occuring during the process of loading and / or unloading, by AA(1)L employees only.

molerat · 14 May 2018 at 1:33PM

I cant see anything in post #1 that is covered by what is stated in post #6.

You may have a contractual claim against the company but I can't see that it will be covered by the insurance.

Boxxman · 14 May 2018 at 1:37PM

Quentin wrote: »

Cheapest option for you is to await the FOS adjudication (as no cost to you whatever the outcome)

My worries is that the process with the FOS maybe slow (two months now that I made my claim to them and they said that until present they are "waiting for the file from the insurance"). It is now three months that I had to stop working due to this matter.

rs65 · 14 May 2018 at 1:42PM

Has any damage occurred?

Boxxman · 14 May 2018 at 1:42PM

molerat wrote: »

I cant see anything in post #1 that is covered by what is stated in post #6.

You may have a contractual claim against the company but I can't see that it will be covered by the insurance.

As stated in post the breach their own terms and agreements by not respecting the 7 notice (which must equally provided in writing).

They prevent me access to storage without notice the same the cleared more than 200 pounds from my bank account for the next months storage.

Boxxman · 14 May 2018 at 1:46PM

rs65 wrote: »

Has any damage occurred?

My items in the unit storage are losts, and I have to close my business due to business interuption.

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

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