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

24

Comments

  • rs65
    rs65 Posts: 5,682 Forumite
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    Boxxman wrote: »
    My items unit storage are losts, and I have to close my business.

    Are they lost or just you can't get access to them.

    If the police told you to stay away, get someone else to go for you.

    Sounds like you have a legal issue and not an insurance one.
  • molerat
    molerat Posts: 31,818 Forumite
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    And which of the quoted insurance perils covers how your items were lost ?
  • antrobus
    antrobus Posts: 17,386 Forumite
    Boxxman wrote: »
    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.

    That's not malicious damage.

    Your insurance covers "Actual physical loss of or damage to Your property". You haven't suffered any physical loss or damage to your property.

    You are claiming damages for breach of contract.
  • Boxxman
    Boxxman Posts: 20 Forumite
    edited 14 May 2018 at 2:24PM
    antrobus wrote: »
    That's not malicious damage.

    Your insurance covers "Actual physical loss of or damage to Your property". You haven't suffered any physical loss or damage to your property.

    You are claiming damages for breach of contract.

    It is maybe my misunderstanding by I though buisness interruption is include in malicious damages.

    Apparently, it is instead damages for breach of contract : I guess I have to amend my claim to the Financial Ombudsman (damages for breach of contract).
  • molerat
    molerat Posts: 31,818 Forumite
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    How was your property lost ? Was it disposed of due to you failing to pay for the storage or collect your items ? I can't see how any of this comes under the remit of the FOS, it seems to be purely a contractual dispute between you and the storage co which needs to be settled in the civil courts. How much are you claiming ?
  • Boxxman
    Boxxman Posts: 20 Forumite
    molerat wrote: »
    How was your property lost ? Was it disposed of due to you failing to pay for the storage or collect your items ? I can't see how any of this comes under the remit of the FOS, it seems to be purely a contractual dispute between you and the storage co which needs to be settled in the civil courts. How much are you claiming ?
    I was running a business and for this purpose was renting a storage unit for my working tools.
    By unlawfully preventing me access to my working tools the storage company was unlawfully preventing me to run my business : there are financials loss (in addition of the loss of the tools).
  • FlameCloud
    FlameCloud Posts: 1,953 Forumite
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    What was the reason they prevented you from accessing th tools?

    And where are the tools now?

    Why have you had to leave the country?
  • Blibble
    Blibble Posts: 503 Forumite
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    This -
    Boxxman wrote: »
    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.

    Is not in this -
    Boxxman wrote: »
    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.

    The nearest insurable peril is under accidental loss, however I doubt their definition of accidental loss includes knowing where the items are. There is no home insurance cover for this; your issue is a civil matter claiming breach of contract by the storage company and therefore outside of FoS' remit.
  • Boxxman
    Boxxman Posts: 20 Forumite
    FlameCloud wrote: »
    What was the reason they prevented you from accessing th tools?

    And where are the tools now?

    Why have you had to leave the country?

    On balance of probability, unlawful competitors (they were trying to take over my business) paid somepeople in the storage staff in order to make me stop trading. During the last 6 months I faced more than 8 sabotages, a robbery and two assaults.

    In relation to my business I have been previously assaulted by the same competitors resulting in injuries for life.

    I had to leave the country as the threats continues (I made a complaint to CICA regarding the
    assault on me resulting in injuries for life. It maybe a coincidence but CICA received my complaint the day I have been assaulted in the storage).
  • Boxxman
    Boxxman Posts: 20 Forumite
    Blibble wrote: »
    The nearest insurable peril is under accidental loss, however I doubt their definition of accidental loss includes knowing where the items are. There is no home insurance cover for this; your issue is a civil matter claiming breach of contract by the storage company and therefore outside of FoS' remit.

    I believe implicitly FOS can proceed with this case breach of contract considering the consequences of this last as described here.
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