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    • Boxxman
    • By Boxxman 14th May 18, 10:52 AM
    • 20Posts
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    Boxxman
    Claim for malicious damages to Financial Ombudsman after denied by Lloyd's insurance
    • #1
    • 14th May 18, 10:52 AM
    Claim for malicious damages to Financial Ombudsman after denied by Lloyd's insurance 14th May 18 at 10:52 AM
    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.
Page 1
    • zx81
    • By zx81 14th May 18, 11:15 AM
    • 17,764 Posts
    • 18,869 Thanks
    zx81
    • #2
    • 14th May 18, 11:15 AM
    • #2
    • 14th May 18, 11:15 AM
    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.
    Originally posted by Boxxman
    What was maliciously damaged?
    • Reardoa
    • By Reardoa 14th May 18, 11:17 AM
    • 114 Posts
    • 33 Thanks
    Reardoa
    • #3
    • 14th May 18, 11:17 AM
    • #3
    • 14th May 18, 11:17 AM
    They are correct in that it is not a malicious damage claim. Sounds more a legal issue than an insurance one.
    • Quentin
    • By Quentin 14th May 18, 12:45 PM
    • 36,315 Posts
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    Quentin
    • #4
    • 14th May 18, 12:45 PM
    • #4
    • 14th May 18, 12:45 PM
    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
    • By Boxxman 14th May 18, 1:06 PM
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    Boxxman
    • #5
    • 14th May 18, 1:06 PM
    • #5
    • 14th May 18, 1:06 PM
    What was maliciously damaged?
    Originally posted by zx81
    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.
    Last edited by Boxxman; 14-05-2018 at 1:32 PM.
    • Boxxman
    • By Boxxman 14th May 18, 1:30 PM
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    Boxxman
    • #6
    • 14th May 18, 1:30 PM
    • #6
    • 14th May 18, 1:30 PM
    They are correct in that it is not a malicious damage claim. Sounds more a legal issue than an insurance one.
    Originally posted by Reardoa
    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
    • By molerat 14th May 18, 1:33 PM
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    molerat
    • #7
    • 14th May 18, 1:33 PM
    • #7
    • 14th May 18, 1:33 PM
    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.
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    • Boxxman
    • By Boxxman 14th May 18, 1:37 PM
    • 20 Posts
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    Boxxman
    • #8
    • 14th May 18, 1:37 PM
    • #8
    • 14th May 18, 1:37 PM
    Cheapest option for you is to await the FOS adjudication (as no cost to you whatever the outcome)
    Originally posted by Quentin
    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
    • By rs65 14th May 18, 1:42 PM
    • 5,351 Posts
    • 2,549 Thanks
    rs65
    • #9
    • 14th May 18, 1:42 PM
    • #9
    • 14th May 18, 1:42 PM
    Has any damage occurred?
    • Boxxman
    • By Boxxman 14th May 18, 1:42 PM
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    Boxxman
    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.
    Originally posted by molerat
    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
    • By Boxxman 14th May 18, 1:46 PM
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    Boxxman
    Has any damage occurred?
    Originally posted by rs65
    My items in the unit storage are losts, and I have to close my business due to business interuption.
    Last edited by Boxxman; 14-05-2018 at 1:51 PM.
    • rs65
    • By rs65 14th May 18, 1:49 PM
    • 5,351 Posts
    • 2,549 Thanks
    rs65
    My items unit storage are losts, and I have to close my business.
    Originally posted by Boxxman
    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
    • By molerat 14th May 18, 1:49 PM
    • 18,944 Posts
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    molerat
    And which of the quoted insurance perils covers how your items were lost ?
    www.helpforheroes.org.uk/donations.html
    • antrobus
    • By antrobus 14th May 18, 1:53 PM
    • 15,778 Posts
    • 22,454 Thanks
    antrobus
    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.
    Originally posted by Boxxman
    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
    • By Boxxman 14th May 18, 2:02 PM
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    Boxxman
    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.
    Originally posted by antrobus
    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).
    Last edited by Boxxman; 14-05-2018 at 2:24 PM.
    • molerat
    • By molerat 14th May 18, 2:27 PM
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    molerat
    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 ?
    www.helpforheroes.org.uk/donations.html
    • Boxxman
    • By Boxxman 14th May 18, 2:41 PM
    • 20 Posts
    • 0 Thanks
    Boxxman
    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 ?
    Originally posted by molerat
    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
    • By FlameCloud 14th May 18, 3:10 PM
    • 1,827 Posts
    • 887 Thanks
    FlameCloud
    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
    • By Blibble 14th May 18, 5:29 PM
    • 455 Posts
    • 796 Thanks
    Blibble
    This -

    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.
    Originally posted by Boxxman
    Is not in this -

    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.
    Originally posted by Boxxman
    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.
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    • Boxxman
    • By Boxxman 15th May 18, 9:32 AM
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    Boxxman
    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?
    Originally posted by FlameCloud
    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).
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