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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 2
    • Boxxman
    • By Boxxman 15th May 18, 9:47 AM
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    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.
    Originally posted by Blibble
    I believe implicitly FOS can proceed with this case breach of contract considering the consequences of this last as described here.
    • molerat
    • By molerat 15th May 18, 10:42 AM
    • 19,325 Posts
    • 13,530 Thanks
    molerat
    I believe implicitly FOS can proceed with this case breach of contract considering the consequences of this last as described here.
    Originally posted by Boxxman
    But that is in relation to a financial / insurance product, your problem is with a business contract and nothing to do with the insurance.
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    • Blibble
    • By Blibble 15th May 18, 6:14 PM
    • 477 Posts
    • 828 Thanks
    Blibble
    I believe implicitly FOS can proceed with this case breach of contract considering the consequences of this last as described here.
    Originally posted by Boxxman
    The link provided is FoS' guidelines on how compensation payments for insurers are calculated when the insurer is found to have been below the standard of service expected by FoS. It does not describe your situation as FoS have not ruled yet on your case.

    You will need to prove, as per above, that losses suffered from a breach of contract (which, I feel, we all agree this is) is covered under your home insurance.
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    • Boxxman
    • By Boxxman 16th May 18, 2:00 PM
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    Boxxman
    The link provided is FoS' guidelines on how compensation payments for insurers are calculated when the insurer is found to have been below the standard of service expected by FoS. It does not describe your situation as FoS have not ruled yet on your case.

    You will need to prove, as per above, that losses suffered from a breach of contract (which, I feel, we all agree this is) is covered under your home insurance.
    Originally posted by Blibble
    I see. So, the only option left seems to make a claim against Access Self Srorage at the court. If I am not wrong I have 5 years to do so.
    • lisyloo
    • By lisyloo 16th May 18, 2:24 PM
    • 22,499 Posts
    • 11,112 Thanks
    lisyloo
    If I am not wrong I have 5 years to do so.
    If you are going to take court action you'd be better off doing it as soon as you can.
    Witness evidence that relies on memory will become less reliable and some people may become difficult to locate (or become ill, die or move abroad). Any possible CCTV footage won't be kept for 5 years, plus the obvious question from the magistrate/judge will be "why did you leave it so long".
    • eddddy
    • By eddddy 16th May 18, 3:23 PM
    • 6,908 Posts
    • 6,847 Thanks
    eddddy
    To make a claim for breach of contract, you will have to...

    - carefully read the contract you have with the storage company

    - point out the terms in the contract that the storage company broke

    - explain why breaking those terms resulted in you losing money


    The things you mention in the following post are not relevant to a breach of contract claim...

    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.
    Originally posted by Boxxman
    ... These would be crimes (for example assault, robbery criminal damage), which it is up to the police to investigate.
    • agrinnall
    • By agrinnall 16th May 18, 4:13 PM
    • 21,009 Posts
    • 16,796 Thanks
    agrinnall
    What sort of legitimate business are you in that faces such issues? Would you not be better considering a different line of work?
    • Boxxman
    • By Boxxman 17th May 18, 9:37 AM
    • 20 Posts
    • 0 Thanks
    Boxxman
    To make a claim for breach of contract, you will have to...

    - carefully read the contract you have with the storage company

    - point out the terms in the contract that the storage company broke

    - explain why breaking those terms resulted in you losing money


    The things you mention in the following post are not relevant to a breach of contract claim...



    ... These would be crimes (for example assault, robbery criminal damage), which it is up to the police to investigate.
    Originally posted by eddddy
    The police (claims) to still investigating.
    • Boxxman
    • By Boxxman 17th May 18, 9:43 AM
    • 20 Posts
    • 0 Thanks
    Boxxman
    What sort of legitimate business are you in that faces such issues? Would you not be better considering a different line of work?
    Originally posted by agrinnall
    My business was event promotion (offline and online marketing) but apparently underestimated the issues I could face in the street.

    I can only agree with you regarding the change of work. But you will be surprised if I tell you where some of my offenders work [those who (on balance of probability) instructed my offenders from the beginning until present] : dwp.
    Last edited by Boxxman; 18-05-2018 at 9:38 AM.
    • Boxxman
    • By Boxxman 17th May 18, 9:44 AM
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    • 0 Thanks
    Boxxman
    But that is in relation to a financial / insurance product, your problem is with a business contract and nothing to do with the insurance.
    Originally posted by molerat
    I have better under understanding now of the situation. I may add this claim into my ungoing CICA claim (hoping this at the end will accept my appeal for a review sent to them more than three months ago).
    Last edited by Boxxman; 18-05-2018 at 9:41 AM.
    • eskbanker
    • By eskbanker 22nd May 18, 11:13 AM
    • 8,028 Posts
    • 8,949 Thanks
    eskbanker
    I see. So, the only option left seems to make a claim against Access Self Srorage at the court. If I am not wrong I have 5 years to do so.
    Originally posted by Boxxman
    Worth noting that the standard Access Self Storage Ts & Cs specifically exclude liability for consequential business losses (and cap liability at the value of the stored items):
    Our general liability to You

    20. Subject to any exceptions set out in the Agreement:-

    20.1 our entire liability to You under this Agreement (including as a result of Our breach of this Agreement and/or negligence by Us, Our agents and/or employees), shall not exceed the true total
    replacement value of the Property set out in the Storage Agreement.

    20.2 in addition to Clause 20.1, You should note that We exclude all liability to You in respect of:-

    20.2.1 loss or damage relating to Your business, if any, including but not limited to, lost profits, business interruption, loss of goodwill or reputation, and loss of future profits or business, regardless as to how such loss or damage was caused;
    so even if you can demonstrate breach of contract, the relevant damages would be limited....
    • Boxxman
    • By Boxxman 25th May 18, 8:44 AM
    • 20 Posts
    • 0 Thanks
    Boxxman
    Worth noting that the standard Access Self Storage Ts & Cs specifically exclude liability for consequential business losses (and cap liability at the value of the stored items):
    so even if you can demonstrate breach of contract, the relevant damages would be limited....
    Originally posted by eskbanker
    The storage company involded is Access Self Storage but the terms & conditions of this last is similar to standard Access Self Storage Ts & Cs. However, as themeselves they breached the contract and their terms & conditions, I beleieve this last is no more relevant (especially if I can prove their harassment, misleading etc...
    • eskbanker
    • By eskbanker 25th May 18, 12:06 PM
    • 8,028 Posts
    • 8,949 Thanks
    eskbanker
    I believe implicitly FOS can proceed with this case breach of contract considering the consequences of this last as described here.
    Originally posted by Boxxman
    The storage company involded is Access Self Storage but the terms & conditions of this last is similar to standard Access Self Storage Ts & Cs. However, as themeselves they breached the contract and their terms & conditions, I beleieve this last is no more relevant (especially if I can prove their harassment, misleading etc...
    Originally posted by Boxxman
    Perhaps you've got an overactive autocorrect or aren't a native English speaker but it's not clear to me what you actually mean by your repeated references to 'this last', this last what?

    Anyway, it still sounds like you need to sort out exactly who you plan to pursue and how - assault and harassment by individuals are criminal matters that need to involve the police, but breach of contract is a civil matter that would need to be pursued by suing the company, so my point was that the latter would be judged by reference to the contractual Ts & Cs rather than any criminal actions of employees.
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