Archives of the email to Financial Ombudsman Service (the most ineffectual watchdog) from New NAYPIC / Youth Parliament
Email to the Financial Ombudsman
Dear Mike Ward,
I was worried when you said 'except for narrowly definable circumstance' I was covered by the policies so I have double checked the insurance file (IF) I hope this helps.
1) You say we were the 'claimants' the insurers put 'solicitors'/ a legal firm onto us on the 3rd Dec 2007 during what was initially an investigation into liability. Page 155 of (unheard case of insurers) UCOI file. From then on we 'defended' the claim to them, their representatives including the landlord who they were acting for. This was the start of legal costs, it was action to legally defend a claim without a legal action commencing from us.2
2) Liability was never admitted or denied, breaching pre-action protocol page 205 UCOI.
3) As a leaseholder who paid a specific 'building insurance premium' (a separate and distinct bill with Excesses which were always paid for by us the lessee which would not be allowed if we were not a distinct building insurance policy holder and would breach the terms of our lease) evidence of which can be sent to you, we were an 'insured' party all covers therefore apply to us as if we were insured as a separate policy. See page 79 of first 'insurance file' IF covers sent to you.
4) There are a number of reference points that I will as a result of the above IF draw to your attention:
Page 5. Commercial Property - Shops - In connection with the Business of the policy holder
Page 6. Full Rebuilding Costs - including the cost of complying with local authority and or other statutory requirements
Page 7 Property insured ( where required) The terms of the policy to each property as though each had been insured by
Page 9 If the property is made inhabitable by any cause insured We will pay the: Rent, Reasonable additional costs of comparable accommodation incurred by the policy holder
Page 12 Search and Trace - locating the source of damage to the property insured caused by escape of water.
Page 13 We will pay for cost of repairing damaged parts including the cost of complying with building regulations.
I was worried when you said 'except for narrowly definable circumstance' I was covered by the policies so I have double checked the insurance file (IF) I hope this helps.
1) You say we were the 'claimants' the insurers put 'solicitors'/ a legal firm onto us on the 3rd Dec 2007 during what was initially an investigation into liability. Page 155 of (unheard case of insurers) UCOI file. From then on we 'defended' the claim to them, their representatives including the landlord who they were acting for. This was the start of legal costs, it was action to legally defend a claim without a legal action commencing from us.2
2) Liability was never admitted or denied, breaching pre-action protocol page 205 UCOI.
3) As a leaseholder who paid a specific 'building insurance premium' (a separate and distinct bill with Excesses which were always paid for by us the lessee which would not be allowed if we were not a distinct building insurance policy holder and would breach the terms of our lease) evidence of which can be sent to you, we were an 'insured' party all covers therefore apply to us as if we were insured as a separate policy. See page 79 of first 'insurance file' IF covers sent to you.
4) There are a number of reference points that I will as a result of the above IF draw to your attention:
Page 5. Commercial Property - Shops - In connection with the Business of the policy holder
Page 6. Full Rebuilding Costs - including the cost of complying with local authority and or other statutory requirements
Page 7 Property insured ( where required) The terms of the policy to each property as though each had been insured by
Page 9 If the property is made inhabitable by any cause insured We will pay the: Rent, Reasonable additional costs of comparable accommodation incurred by the policy holder
Page 12 Search and Trace - locating the source of damage to the property insured caused by escape of water.
Page 13 We will pay for cost of repairing damaged parts including the cost of complying with building regulations.
apply separately
Commercial Property
a separate policy.
If property insured has not been kept in a good state of repair we will pay for
cost of repair or replacement
Page 15 We will not pay for Loss or damage resulting from Faulty Workmanship, defective design
Page 18 POL All of this page especially the legal title and 7 years which leaves claim open
Page 19 Defective Premises. Any liability under paragraph 1b in respect of which policy holder lessee is entitled to indemnify from any other source (HAPM insurance for structural defects)
We will also pay defence costs and other expenses incurred
Page 20 Denial of access (fire escapes and electricity cupboard) This policy extends to include any claim resulting from interruption of or interference with
Page 15 We will not pay for Loss or damage resulting from Faulty Workmanship, defective design
Page 18 POL All of this page especially the legal title and 7 years which leaves claim open
Page 19 Defective Premises. Any liability under paragraph 1b in respect of which policy holder lessee is entitled to indemnify from any other source (HAPM insurance for structural defects)
We will also pay defence costs and other expenses incurred
Page 20 Denial of access (fire escapes and electricity cupboard) This policy extends to include any claim resulting from interruption of or interference with
the business in consequence of accidental loss destruction or
use of or access to the insured premises whether the
property in it is damaged or not.
CROSS LIABILITY CLAUSE
property in it is damaged or not.
CROSS LIABILITY CLAUSE
the
property in the vicinity of the insured premises which prevents or hinders
damage to any
insured premises or
If more than one policyholder is named in the schedule each policy holder so
named shall be considered as a and cover shall be
construed as applying to each policy holder as though
separately
Page 20 Notice of Interests - The interest of leaseholder is noted
Page 21Conditions which apply to the whole policy 1. 2. 3. 5. 8. (For the
avoidance of doubt as to whether we are a policy holder) Page 26 Notify us immediately
We may take over and conduct in the name of the policyholder exclusive control in settlement of any claim
We may also start legal action/proceedings Fraud benefits thereunder shall be fortified
Page 27 Policyholder will not be prejudice by the actions of leaseholders (same applies)
Subrogation All neccessary steps for enforcing rights (did this mean possession
separately
Page 20 Notice of Interests - The interest of leaseholder is noted
Page 21Conditions which apply to the whole policy 1. 2. 3. 5. 8. (For the
avoidance of doubt as to whether we are a policy holder) Page 26 Notify us immediately
We may take over and conduct in the name of the policyholder exclusive control in settlement of any claim
We may also start legal action/proceedings Fraud benefits thereunder shall be fortified
Page 27 Policyholder will not be prejudice by the actions of leaseholders (same applies)
Subrogation All neccessary steps for enforcing rights (did this mean possession
separate and distinct entity
accept the designation under which such property has been entered in the policy
each had been insured
the Company agrees to
holders books.
as dates for rent payment were changed to repossess both shops on same day)
Page 41 Combined Liability - 2a Legal liability for damages and costs in respect
of Property damage, Nuisance, Trespass or interfrence with right of AIR
Page 42 6. Excess POL Principle Extensions Compensation for court attendance
£500 per day for directors which we were
Page 43 Warranties/Conditions Fire Certificate is to be kept in force for any premises. There are none.
Page 44. The Business Commercial Properties & leasholders each that deem to be noted
Page 92 Insured Interest 1. property 2. Business Interruption loss of rent and/ or alternative accommodation 2005/2006
Page 102 Commercial Property Shops which we have been notified Contents
Page 105 We will not pay for wear and tear or damage caused by the policyholder or their employees, we will pay for loss or damage caused by escape of water
Page 107 This section provides cover for accidental damage for which you are legally responsible to pipes
Page 109 Search and Trace caused by escape of water
Page 111 Contents paid for in water escaping
Page 130 2005 paid the premium (or our part)
Page 157 RSA combined liability Insured associated companies lodged with the company (noted interest lodged)
Page 158 Section 6 Excess POL Primary Policy is UKU
Page 162 Combined Liability Insurance - Schedule which forms an integral part
of the policy
Shall be considered one document
Page 164 Irrespective of the number of Persons Entitled to Indemnity under this policy shall be treated as one party or legal entity so that there will be only one single contract of insurance between the company as one party and all the persons entitled to indemnity as the other party
of Property damage, Nuisance, Trespass or interfrence with right of AIR
Page 42 6. Excess POL Principle Extensions Compensation for court attendance
£500 per day for directors which we were
Page 43 Warranties/Conditions Fire Certificate is to be kept in force for any premises. There are none.
Page 44. The Business Commercial Properties & leasholders each that deem to be noted
Page 92 Insured Interest 1. property 2. Business Interruption loss of rent and/ or alternative accommodation 2005/2006
Page 102 Commercial Property Shops which we have been notified Contents
Page 105 We will not pay for wear and tear or damage caused by the policyholder or their employees, we will pay for loss or damage caused by escape of water
Page 107 This section provides cover for accidental damage for which you are legally responsible to pipes
Page 109 Search and Trace caused by escape of water
Page 111 Contents paid for in water escaping
Page 130 2005 paid the premium (or our part)
Page 157 RSA combined liability Insured associated companies lodged with the company (noted interest lodged)
Page 158 Section 6 Excess POL Primary Policy is UKU
Page 162 Combined Liability Insurance - Schedule which forms an integral part
of the policy
Shall be considered one document
Page 164 Irrespective of the number of Persons Entitled to Indemnity under this policy shall be treated as one party or legal entity so that there will be only one single contract of insurance between the company as one party and all the persons entitled to indemnity as the other party
Page 166 General Conditions
maintain all buildings.
any defect or danger to
be
3.
. Written notice given to Company. Company has right to defend, settle or any claim in the name of the insured.
Page 168 Business shall mean that which is in the specific schedule Page 170 Attending court as a witness daily rate £500
Page 171 Public Liability 1 C) Nuisance - Trespass - Interference with Easement right of Air
other than legal liability for damages which result from a deliberate act or omission of the insured or natural consequence of ordinary conduct
Page 174 Extensions to Section 2a 1. Cross Liabilities If the insured compromises more than one party the company will
2. Compensation for court attendance per day Directors £500
Page 179 A) Legal costs and other expenses B) Costs awarded against the
insured Part B) 1. The landlord not covered 2. Same.
Page 180 The company shall pass notification to First Assist Group LTD they did not.
Page 183. Section 5 JCT The company in respect of any expense liability loss claim or proceeding, sustain
, or by reasons of carrying out works. 1. Provided that; the insured parties will be payable before the company is made liable 2. pay all costs in defence, or settlement
Exclusions to section 5 1. A. Caused by the neglect omission or default of the contractor (landlord not covered as breached terms on all counts as proved by notice)
Page 184 Extension to section 5 A) Insured parties indemnified by reason of damage to any property happening during period of insurance B) Pay all costs in Defence or Investigation or settlement of claims
If the policy is not renewed the period of insurance under JCT shall extend to the completion date including maintenance or defects (floor)
Page 185 Conditions applicable to Section 5 (regardless of insured's contributions)
the defence or settlement of any claim to prosecute any claim in the name of the insured parties singly or jointly
. Written notice given to Company. Company has right to defend, settle or any claim in the name of the insured.
Page 168 Business shall mean that which is in the specific schedule Page 170 Attending court as a witness daily rate £500
Page 171 Public Liability 1 C) Nuisance - Trespass - Interference with Easement right of Air
other than legal liability for damages which result from a deliberate act or omission of the insured or natural consequence of ordinary conduct
Page 174 Extensions to Section 2a 1. Cross Liabilities If the insured compromises more than one party the company will
2. Compensation for court attendance per day Directors £500
Page 179 A) Legal costs and other expenses B) Costs awarded against the
insured Part B) 1. The landlord not covered 2. Same.
Page 180 The company shall pass notification to First Assist Group LTD they did not.
Page 183. Section 5 JCT The company in respect of any expense liability loss claim or proceeding, sustain
, or by reasons of carrying out works. 1. Provided that; the insured parties will be payable before the company is made liable 2. pay all costs in defence, or settlement
Exclusions to section 5 1. A. Caused by the neglect omission or default of the contractor (landlord not covered as breached terms on all counts as proved by notice)
Page 184 Extension to section 5 A) Insured parties indemnified by reason of damage to any property happening during period of insurance B) Pay all costs in Defence or Investigation or settlement of claims
If the policy is not renewed the period of insurance under JCT shall extend to the completion date including maintenance or defects (floor)
Page 185 Conditions applicable to Section 5 (regardless of insured's contributions)
the defence or settlement of any claim to prosecute any claim in the name of the insured parties singly or jointly
2a
b.
made good
Every letter in connection with circumstance forwarded to
company
prosecute
provide indemnity to each in the same
manner and to the same extent as if a separate Policy had been issued to each
will indemnify the insured parties
by reason of
damage to property
contribution
investigation
Page 186 1.
with this policy 3. in addition where the primary policy provides. Provided that; in the event of the underlying insurers exercising
, the company will
provide i
had they not exercised that right B) in the event of total exhaustion subject to the terms of this policy
Page 190. Limit of Indemnity shall be the maximum amount payable by the company in the circumstances stated in the schedule or elsewhere in this policy irrespective of the number of persons entitled to indemnity under this policy in respect of any insured event or during any period of insurance.
all persons entitled to indemnify under this policy shall be treated as one party or so that there will be only a
.
Page 192 General Conditions 2 A) and B) and 3 all breached by the landlord (3rd
Party).
Page 193 Persons entitled to indemnity shall mean 1. A) The Insured 6) Business shall mean that which is specified in the schedule and conducted solely from premises in Great Britain and shall include C)
)
Page 194. 8. Event one occurrence or series attributable to one source or original cause 9.) Insured's Contribution shall mean the amount specified in schedule which the insured agrees to pay
Page 195. The insurance provided by section 1 is on a costs inclusive basis whereby costs and expenses of the claimant and the costs and expenses (incurred by the company or with the company's written consent)
are
Page 200. Extensions to Section 2 ( each of which is subject otherwise to the terms of this policy) 1 Cross liabilities If the insured compromises more than one party the company will provide indemnity to each in the same manner and to the same extent as if a separate policy had been issued to each.
NOT PART OF THE POLICY -
Page 211 Community also own , etc which they rent out to tenants. Although Community call Leaseholders - ( This needs checking badly worded derogatory and possible not written by the insurers at all so needs double checking!)
with this policy 3. in addition where the primary policy provides. Provided that; in the event of the underlying insurers exercising
, the company will
provide i
had they not exercised that right B) in the event of total exhaustion subject to the terms of this policy
Page 190. Limit of Indemnity shall be the maximum amount payable by the company in the circumstances stated in the schedule or elsewhere in this policy irrespective of the number of persons entitled to indemnity under this policy in respect of any insured event or during any period of insurance.
all persons entitled to indemnify under this policy shall be treated as one party or so that there will be only a
.
Page 192 General Conditions 2 A) and B) and 3 all breached by the landlord (3rd
Party).
Page 193 Persons entitled to indemnity shall mean 1. A) The Insured 6) Business shall mean that which is specified in the schedule and conducted solely from premises in Great Britain and shall include C)
)
Page 194. 8. Event one occurrence or series attributable to one source or original cause 9.) Insured's Contribution shall mean the amount specified in schedule which the insured agrees to pay
Page 195. The insurance provided by section 1 is on a costs inclusive basis whereby costs and expenses of the claimant and the costs and expenses (incurred by the company or with the company's written consent)
are
Page 200. Extensions to Section 2 ( each of which is subject otherwise to the terms of this policy) 1 Cross liabilities If the insured compromises more than one party the company will provide indemnity to each in the same manner and to the same extent as if a separate policy had been issued to each.
NOT PART OF THE POLICY -
Page 211 Community also own , etc which they rent out to tenants. Although Community call Leaseholders - ( This needs checking badly worded derogatory and possible not written by the insurers at all so needs double checking!)
Excess POL. in accordance with the terms of the Primary Policy,
which shall run concurrently
a right under their policies to pay the limit of Indemnity
have been liable
ndemnity for costs and expenses for which underlying insurers would
continue this policy in force as the Primary insurance
legal entity
single contract of insurance between
the company as one party and all the persons Entitled to indemnify as the other
party
fire and security and security
services (security shutters and fire exit part of the claim
of any person
Entitled to Indemnify
included within the limits of indemnity stated in the
schedule
some shops
these people
Community pays the £1000
and we should deal with - (same as above)
Page 261 Zurich over 2005/2006 Part C - Business Interruption Section 2. Page 14.
Odd reference August 2002 at bottom of page - Needs clarification. Some policies are kept in existence for years or are standard.
Page 262. Insured paying the first premium the Insured will provide insurance in terms of the policy in respect of injury, loss, Damage or liabiltiy for injury or Damage as defined.
The form part of and should be read in conjunction
Page 263 Consequential Loss - Loss resulting from interruption of interference with the BUSINESS carried on by the INSURED at the PREMISES in consequence of the DAMAGE to the Property used by the INSURED at the premises for the purpose of BUSINESS
Contents - Tenant's improvements, alterations and decorations.
Page 264 (d) Personal belongings of any Director, Employee, Volunteer, customer or visitor but only for an amount not exceeding £1,000 in respect of any one person
Damage Material loss or damage
Insurer Zurich Insurance Company
Premises The premises specified in the schedule owned and/or occupied by the INSURED for the purposes of BUSINESS
Page 266 Each part of this policy is declared to be a separate contract Warranties
Page 267 Claims procedure (a) Action by the Insured. On happening of any event which could give rise to a claim or on receiving verbal or written notice of any claim the Insured will: (b) Rights of the Insurer. The in the name of and behalf of the Insured the absolute conduct and control of all negotiations and proceedings (c) Subrogation The Insurer may take legal proceedings in the name of the Insured - for its own benefit any right of recovery of the Insured against other party and this condition will be evidence of the Insurer's right so to do whether before or after the Insured has received an indemnity.
Page 261 Zurich over 2005/2006 Part C - Business Interruption Section 2. Page 14.
Odd reference August 2002 at bottom of page - Needs clarification. Some policies are kept in existence for years or are standard.
Page 262. Insured paying the first premium the Insured will provide insurance in terms of the policy in respect of injury, loss, Damage or liabiltiy for injury or Damage as defined.
The form part of and should be read in conjunction
Page 263 Consequential Loss - Loss resulting from interruption of interference with the BUSINESS carried on by the INSURED at the PREMISES in consequence of the DAMAGE to the Property used by the INSURED at the premises for the purpose of BUSINESS
Contents - Tenant's improvements, alterations and decorations.
Page 264 (d) Personal belongings of any Director, Employee, Volunteer, customer or visitor but only for an amount not exceeding £1,000 in respect of any one person
Damage Material loss or damage
Insurer Zurich Insurance Company
Premises The premises specified in the schedule owned and/or occupied by the INSURED for the purposes of BUSINESS
Page 266 Each part of this policy is declared to be a separate contract Warranties
Page 267 Claims procedure (a) Action by the Insured. On happening of any event which could give rise to a claim or on receiving verbal or written notice of any claim the Insured will: (b) Rights of the Insurer. The in the name of and behalf of the Insured the absolute conduct and control of all negotiations and proceedings (c) Subrogation The Insurer may take legal proceedings in the name of the Insured - for its own benefit any right of recovery of the Insured against other party and this condition will be evidence of the Insurer's right so to do whether before or after the Insured has received an indemnity.
We as lessee's have always paid excess on all claims.
with this policy
excess
schedule and certificates
Non-compliance with any such warranty insofar as it increases the
risk of Damage will be a bar to any claim
as soon as possible give notice to the INSURER
Insurer may take over
Page 270 Part A Material Damage Section Definitions Damage Accidental Damage
by any of the Insured perils specified in the schedule
Page 271 Section 2 Cover In the event of Damage to the Property insured specified in the schedule and occurring at the Premises during the period of insurance the Insurer will pay to the insured the value of the property at the time of the Damage or the amount of such Damage or at the insurers option replace, reinstate or repair the Property or any part of it
Rent The insurance on rent applies only whilst any part of the Building is sufficiently damaged to render it unfit for occupation.
Drains and Gutters - Cleaning and/or repairing drains and/or sewers and/gutters
Page 272 Tenants Subrogation Waiver - (b) the tenant contributes to the cost of insuring the buildings against the peril which caused the damage
Trace and Access In the event of Damage arising following the escape of water this insurance is extended in addition to the Sum insured to pay costs incurred in locating the source of Damage, effecting repairs and general making good
Mortgages, Freeholders and Clause Any resulting from an act of negligence
provided that such risk is without their knowledge or authority
Tradesmen may be employed to effect repairs or minor structural alterations in
the building without prejudice to this insurance
Page 273 Section 2 (b) Existing buildings and contents
including for maintenance or making good defects
Section 3 - Cover In the e to the Property insured the Insurer will
pay to the insures at the time of Damage
Section 4 Other Persons Indemnified The Insurers agree that: (a) all interests in
the insurance by this part will be vested jointly in the Insured
Page 274 - Professional Fees - The insurance by each item on Works in Progress
include an amount in respect of
in the of Property
insured consequent upon its Damage
Exclusions (a) (i) The insurer will reinstating any work executed as a result of
which was defective
Page 271 Section 2 Cover In the event of Damage to the Property insured specified in the schedule and occurring at the Premises during the period of insurance the Insurer will pay to the insured the value of the property at the time of the Damage or the amount of such Damage or at the insurers option replace, reinstate or repair the Property or any part of it
Rent The insurance on rent applies only whilst any part of the Building is sufficiently damaged to render it unfit for occupation.
Drains and Gutters - Cleaning and/or repairing drains and/or sewers and/gutters
Page 272 Tenants Subrogation Waiver - (b) the tenant contributes to the cost of insuring the buildings against the peril which caused the damage
Trace and Access In the event of Damage arising following the escape of water this insurance is extended in addition to the Sum insured to pay costs incurred in locating the source of Damage, effecting repairs and general making good
Mortgages, Freeholders and Clause Any resulting from an act of negligence
provided that such risk is without their knowledge or authority
Tradesmen may be employed to effect repairs or minor structural alterations in
the building without prejudice to this insurance
Page 273 Section 2 (b) Existing buildings and contents
including for maintenance or making good defects
Section 3 - Cover In the e to the Property insured the Insurer will
pay to the insures at the time of Damage
Section 4 Other Persons Indemnified The Insurers agree that: (a) all interests in
the insurance by this part will be vested jointly in the Insured
Page 274 - Professional Fees - The insurance by each item on Works in Progress
include an amount in respect of
in the of Property
insured consequent upon its Damage
Exclusions (a) (i) The insurer will reinstating any work executed as a result of
which was defective
Lessors
will not prejudice the interest of the lessor
increase in damage
Work in Progress
any period
event of damag
the value of the property
architects, surveyors, legal and consulting fees
necessarily and reasonably incurred
reinstatement or repair
but not for preparing any claims
not be liable for the cost of repairing or
it's own defective design
Page 275 Part C - BUSINESS INTERRUPTION section 1 Special Definitions
Annual Gross Revenue The Gross Revenue during the 12 months immediately
before the date of the incident
Gross Revenue The money paid or payable to the INSURED for goods sold or for SERVICES rendered in the course of the BUSINESS at the PREMISES, excluding rent for housing premises
Incident - used by the Insured at the premises for the
Indemnity Period The period during which
effected in consequence of the Incident, and lasting not longer than the maximum Indemnity Period specified in the Schedule + Office Buildings + Standard Gross Revenue
Notes 2. Provision will be made for the trend of the BUSINESS and for variations in or other circumstances, either before or after the date of the incident, which affect the BUSINESS or would have affected the BUSINESS had the incident not occurred, and the for Annual Gross Revenue and Standard Gross Revenue
to which during the relative period after the Incident if the
. Section 2 - Cover (a)
Page 276 Provided that (i) insurance in force at the time of the incident in the Property at the Premises
and
(ii) Payment has been made or liability admitted for such damage (or payment would have been made or liability admitted for such damage but for the proviso excluding liability for losses below a certain amount)
Alternative Trading If during the Indemnity Period goods are sold or services rendered elsewhere than the premises for the benefit of the business either by the insured or by others on behalf of the insured the money paid or payable in respect of such sales or services
Gross Revenue The money paid or payable to the INSURED for goods sold or for SERVICES rendered in the course of the BUSINESS at the PREMISES, excluding rent for housing premises
Incident - used by the Insured at the premises for the
Indemnity Period The period during which
effected in consequence of the Incident, and lasting not longer than the maximum Indemnity Period specified in the Schedule + Office Buildings + Standard Gross Revenue
Notes 2. Provision will be made for the trend of the BUSINESS and for variations in or other circumstances, either before or after the date of the incident, which affect the BUSINESS or would have affected the BUSINESS had the incident not occurred, and the for Annual Gross Revenue and Standard Gross Revenue
to which during the relative period after the Incident if the
. Section 2 - Cover (a)
Page 276 Provided that (i) insurance in force at the time of the incident in the Property at the Premises
and
(ii) Payment has been made or liability admitted for such damage (or payment would have been made or liability admitted for such damage but for the proviso excluding liability for losses below a certain amount)
Alternative Trading If during the Indemnity Period goods are sold or services rendered elsewhere than the premises for the benefit of the business either by the insured or by others on behalf of the insured the money paid or payable in respect of such sales or services
Damage to property
purpose of BUSINESS
would have been obtained
Incident had not happened
Additional Expenses for the sole purpose of avoiding or
diminishing the interruption of the interference with the BUSINESS
the interest of the Insured
gross revenue during the indemnity period
Basis of Claim settlement - (a) in respect of
costs incurred in order effectively to continue
including fitting of out temporary premises, , plant, and machinery and
including fitting of out temporary premises, , plant, and machinery and
(i) additional
, relating thereto (ii)
, relating thereto (ii)
will be brought into accounting in arriving at the
against such damage
covering
Additional Expenditure
administration
and
maintain
|
services
|
|
vehicles
|
increased costs incurred for rent, rates, taxes, lighting, heating, cleaning and
insurance due to the enforced occupation of temporary premises (iii) legal,
the results of the BUSINESS are
beginning with the Incident
figures
adjusted
represent as nearly as reasonably practicable the results
costs of removal
hiring of
incidental expenses
clerical and other charges incurred in the replacement or restoration of deeds,
plans, specifications, documents, books of account, card indices and other office
saved during the indemnity period in the insured's normal expenditure which in consequence of the incident
(b) (ii) In respect of an increase in Costs of Working: the additional expenditure incurred solely to avoid or diminish the reduction in Gross Revenue which but for that expenditure would have taken place during the Indemnity Period in
, provided that such additional expenditure: (1) is
Page 277 - Any detail contained in the Insured's business books required for the for the purposes of investigating or verifying any claim may be produced by professional accountants if at any time they are regularly acting as such for the Insured and their report will be prima facie evidence of the details to which such reports relates. Te Insurer will pay to the insured the reasonable charges payable to its professional accountants for producing such evidence and reporting to the Insurer and the Insured that such details are the liability of the insurer as specified
Section 4 - Special Circumstances
1. Any loss as insured by this Part resulting from interruption of or interference with the Business in consequence of the Damage to the Property at the under noted situation within the territorial limits will be deemed to be an incident: (a) any generating station or sub-station of undertaking (b) any land-based premises of any undertaking or any natural gas producer linked directly to them (c) any water works and pumping station of any undertaking (d) any land based premises of any public
undertaking from which the insured obtained electricity, gas, water or telecommunications services (e) in the vicinity of the Premises
which prevents or hinders, the use of or access to the Premises excluding any Damage to the Property of any supply undertaking to the prevents or hinders the supply of services by an electricity, gas, water or telecommunications undertaking to the premises
2. The insurance by this part is extended to include
interruption of or interference with the by the insured at the Office Buildings in consequence of: (a) (ii) any discovery of an at the office buildings likely to result in the occurrence of a (iii) any occurrence of a Notifiable Disease within a radius of 25 miles of the Office Buildings and the discovery of at the office buildings (c) any accident causing defects in the or other sanitary arrangements at the Office buildings on the order or advice of a competent local authority (Environmental Health)
Page 278 Special Provisions: (b) for the purposes of this Special Extension: (i)
saved during the indemnity period in the insured's normal expenditure which in consequence of the incident
(b) (ii) In respect of an increase in Costs of Working: the additional expenditure incurred solely to avoid or diminish the reduction in Gross Revenue which but for that expenditure would have taken place during the Indemnity Period in
, provided that such additional expenditure: (1) is
Page 277 - Any detail contained in the Insured's business books required for the for the purposes of investigating or verifying any claim may be produced by professional accountants if at any time they are regularly acting as such for the Insured and their report will be prima facie evidence of the details to which such reports relates. Te Insurer will pay to the insured the reasonable charges payable to its professional accountants for producing such evidence and reporting to the Insurer and the Insured that such details are the liability of the insurer as specified
Section 4 - Special Circumstances
1. Any loss as insured by this Part resulting from interruption of or interference with the Business in consequence of the Damage to the Property at the under noted situation within the territorial limits will be deemed to be an incident: (a) any generating station or sub-station of undertaking (b) any land-based premises of any undertaking or any natural gas producer linked directly to them (c) any water works and pumping station of any undertaking (d) any land based premises of any public
undertaking from which the insured obtained electricity, gas, water or telecommunications services (e) in the vicinity of the Premises
which prevents or hinders, the use of or access to the Premises excluding any Damage to the Property of any supply undertaking to the prevents or hinders the supply of services by an electricity, gas, water or telecommunications undertaking to the premises
2. The insurance by this part is extended to include
interruption of or interference with the by the insured at the Office Buildings in consequence of: (a) (ii) any discovery of an at the office buildings likely to result in the occurrence of a (iii) any occurrence of a Notifiable Disease within a radius of 25 miles of the Office Buildings and the discovery of at the office buildings (c) any accident causing defects in the or other sanitary arrangements at the Office buildings on the order or advice of a competent local authority (Environmental Health)
Page 278 Special Provisions: (b) for the purposes of this Special Extension: (i)
records
less any sum
Consequence of the Incident
necessarily and reasonably incurred
may have been affected
Professional Accounts
by the Insurer
any public electricity supply
public gas supply
public water supply
telecommunications
loss resulting from
BUSINESS carried on
organism
Notifiable Disease
vermin or pests
drains
|
Indemnity Period will mean the period during which the results of the
|
BUSINESS
|
|
|
are affected in consequence of the occurrence
|
, discovery or accident, beginning
|
|
|
with the date from which the restrictions on the Office Buildings are applied (or
|
||
|
in the case of (d) above the date of the occurrence) and ending not later than the
|
||
Maximum Indemnity Period thereafter. Maximum Indemnity Period will mean
three months.
Page 279 Insured Perils 2. (a) Damage or Consequential loss arising from (i)
, requition or destruction by order of the government or any public
(ii) cessation of work (c) Consequential Loss arising from deliberate erasure, loss, distortion or corruption of on computer systems or other records, programs or software 6. of r from any tank, apparatus or 10. /temporary accommodation 11.
and cables. Accidental damage to fuel oil supply pipes, and gas supply pipes, sewerage and drainage pipes.
Page 280 15. Theft or attempted theft, other than: (c) involving parting with title and possession of any Property insured if induced to do so by fraud, trick or false pretence
Page 279 Insured Perils 2. (a) Damage or Consequential loss arising from (i)
, requition or destruction by order of the government or any public
(ii) cessation of work (c) Consequential Loss arising from deliberate erasure, loss, distortion or corruption of on computer systems or other records, programs or software 6. of r from any tank, apparatus or 10. /temporary accommodation 11.
and cables. Accidental damage to fuel oil supply pipes, and gas supply pipes, sewerage and drainage pipes.
Page 280 15. Theft or attempted theft, other than: (c) involving parting with title and possession of any Property insured if induced to do so by fraud, trick or false pretence
confiscation
authority
information
Escape
wate
pipe
supply pipes
Loss of rent
Accidental damage to
water
The Insurer will also indemnify the Insured for the cost of: (i) repair of Damage
to Buildings caused by theft or
attempted theft
of the
PROPERTY
insured where
the
Insured is legally responsible for the cost of repairing such Damage
16. Subsidence or Ground Heave of any part of the site on which the property
stands or landslip
excluding
: (b)
Damage or Consequential loss caused by or
consisting of: (iv) defective design or workmanship or the use of defective
materials
(c) Damage or consequential loss which originated prior to the
inception of this cover (d)
Damage or consequential loss
resulting from (i)
demolition, construction, structural alteration or
repair
of any Property
17. Accidental Damage being all risks of Damage to the Property insured
excluding
: (b) Damage or Consequential loss caused by
latent defect
, gradual
deterioration,
wear and tear, its own faulty or defective design
or materials
but
this will not exclude
subsequent
Damage or Consequential Loss
which
itself
results from the cause
not otherwise excluded
Page 282 Part D
Section 1 - Cover
arising
within the territorial limits the Insurer will pay to the insured the at the time of the Damage or any part of it provided that
the liability of the Insurer will not exceed: (a) in the whole the total sum insured. Section 2. Exclusions The insurer will not be liable for: (b) DAMAGE caused by:
(i) latent defect
Page 284 Additional Cover - 1. European Community Legislation, or 2. Building or other Regulations or Bye-Laws of any public authority (thereafter referred to as "the stipulations") - Undamaged
: (a) with the stipulations: (i) by this extension
(iii) under which
of the Damage (iv) for which there is an
arising
within the territorial limits the Insurer will pay to the insured the at the time of the Damage or any part of it provided that
the liability of the Insurer will not exceed: (a) in the whole the total sum insured. Section 2. Exclusions The insurer will not be liable for: (b) DAMAGE caused by:
(i) latent defect
Page 284 Additional Cover - 1. European Community Legislation, or 2. Building or other Regulations or Bye-Laws of any public authority (thereafter referred to as "the stipulations") - Undamaged
: (a) with the stipulations: (i) by this extension
(iii) under which
of the Damage (iv) for which there is an
'All Risks'
In the event of accidental Damage to
the Property insured specified in the schedule
during the Period of
Insurance
value of the Property
in respect of Damage to Property insured
portions
Excluding
the cost incurred in complying
in respect of Damage occurring
prior to the granting of cover
notice has been served
upon the insured prior to the happening
existing
requirement which has to be
implemented within a given period (b) the additional cost that would have been
required to make good the Property d to a condition
equal to its condition when new
not arisen (c) the amount of any
appreciation which may
thereof by
Special Conditions 1. The
thereof by
Special Conditions 1. The
had the
with the stipulation
t arising out of capital
in respect of the Property or by the owner with the stipulations
in respect of the Property or by the owner with the stipulations
lost,
charge or assessmen
be payable
reason of compliance
work of reinstatement must be commenced and
and in any case
of the Damage or within further time as the insurer may allow
(during the said 12 months) and may be carried out upon another site (if stipulations so necessitate) subject to the liability of the Insured under this extension not being thereby increased. 2. If the liability of the INSURED under this Part other than from this Additional Cover shall be reduced by the application of any of the terms and conditions of this part then the liability of the Insurer under this additional cover shall be reduced in like proportion. 3. The
under any item of this part in respect of this Additional Cover (a) in respect of the loss, destroyed or damaged Property:
(b) in respect of the undamaged portions of Property (other than the foundations)
.
Page 285 Non-Invalidation This insurance will not be invalidated by any act or by any alteration which increases the risk of Damage without the authority or knowledge of or beyond the control of the insured, provided that
immediately the insured becomes aware of the increased risk of Damage notice is given to the Insurer and any additional premium paid.
Professional Fees The Insurance by each item on Buildings and/or Contents includes an amount in respect of Architects', Surveyors', Legal and Consulting Fees necessarily and reasonably incurred in the reinstatement or repair of the Property insured consequent upon its damage but not for preparing any claim. The amount payable under each item will not exceed in total its Sum Insured.
of the Damage or within further time as the insurer may allow
(during the said 12 months) and may be carried out upon another site (if stipulations so necessitate) subject to the liability of the Insured under this extension not being thereby increased. 2. If the liability of the INSURED under this Part other than from this Additional Cover shall be reduced by the application of any of the terms and conditions of this part then the liability of the Insurer under this additional cover shall be reduced in like proportion. 3. The
under any item of this part in respect of this Additional Cover (a) in respect of the loss, destroyed or damaged Property:
(b) in respect of the undamaged portions of Property (other than the foundations)
.
Page 285 Non-Invalidation This insurance will not be invalidated by any act or by any alteration which increases the risk of Damage without the authority or knowledge of or beyond the control of the insured, provided that
immediately the insured becomes aware of the increased risk of Damage notice is given to the Insurer and any additional premium paid.
Professional Fees The Insurance by each item on Buildings and/or Contents includes an amount in respect of Architects', Surveyors', Legal and Consulting Fees necessarily and reasonably incurred in the reinstatement or repair of the Property insured consequent upon its damage but not for preparing any claim. The amount payable under each item will not exceed in total its Sum Insured.
carried out without unreasonable delay
within 12 months
must be completed
total amount recoverable
shall not exceed:
been wholly destroyed
15% of the total amount for which the Insurer would have been
liable had the property insured at the premises where the Damage has occurred
omission
Page 287 Special Conditions Designation
under which such Property
.
Other Interests It is agreed and understood that
nature of such interests to be declared in the event of loss.
under which such Property
.
Other Interests It is agreed and understood that
nature of such interests to be declared in the event of loss.
, the
Page 288 Exclusions 1. the Excess will apply to each and every loss in respect of
each separate Premises. 2. Pollution or Contamination Damage to Property or
Consequential Loss caused by or resulting from pollution or contamination but
this Damage or Consequential Loss not otherwise excluded,
caused by (b) 1-15 if insured which itself results from
distroyed or damage
necessity to comply
For the purposes of determining where
necessary the heading under which any Property is insured
, it is
agreed to accept
the designation
has been entered in the Insured's
books
will not exclude
where the Insured so intend the
interests of parties other than the Insured in this insurance are admitted
any of the insured perils
3. This exclusion does not apply to Damage or
Consequential loss by
if the Insured Perils 15 is specified in the schedule.
Page 289 4. (a) Damage to any Property more specifically insured by or on behalf of the insured (b) consequential loss of any kind other than loss of rent if insured.
Page 291 (c) The insurer's liability for Damage or Consequential Loss as set out in the sub-clause 2(a) above shall not exceed in respect of all losses arising out of any one occurrence and in the aggregate in any one period of Insurance the lower of either any limit of Liability or Sum insured stated in these parts or the Limits shown against the items in (i) to (iii) below (where insured by these Parts) after the application of all provisions of this Policy including any contributions by the Insured. (ii) (1) Houses and blocks of flats including associated loss of rent £2,500,000 (2) The costs of Alternative Accommodation and Rent in respect of Buildings described in (ii) (1) above £2,500,000 (iii) (1) Business Interruption including Rent Receivable not associated with houses and block of flats £100,000 (d) For purposes of sub-clause 2(c) above if any block of flats is partly occupied for retail or other commercial purposes the limits shall apply as follows: (i) where the proportion, designated for residential use is at least 80% of its Sum Insured the above Limit(s) of £2,500,000 shall apply to the residential portion
Page 289 4. (a) Damage to any Property more specifically insured by or on behalf of the insured (b) consequential loss of any kind other than loss of rent if insured.
Page 291 (c) The insurer's liability for Damage or Consequential Loss as set out in the sub-clause 2(a) above shall not exceed in respect of all losses arising out of any one occurrence and in the aggregate in any one period of Insurance the lower of either any limit of Liability or Sum insured stated in these parts or the Limits shown against the items in (i) to (iii) below (where insured by these Parts) after the application of all provisions of this Policy including any contributions by the Insured. (ii) (1) Houses and blocks of flats including associated loss of rent £2,500,000 (2) The costs of Alternative Accommodation and Rent in respect of Buildings described in (ii) (1) above £2,500,000 (iii) (1) Business Interruption including Rent Receivable not associated with houses and block of flats £100,000 (d) For purposes of sub-clause 2(c) above if any block of flats is partly occupied for retail or other commercial purposes the limits shall apply as follows: (i) where the proportion, designated for residential use is at least 80% of its Sum Insured the above Limit(s) of £2,500,000 shall apply to the residential portion
pollution or contamination
theft
Page 292
Part will apply: (b)
.
Part will apply: (b)
.
1. The liability of the Insurer for or
: (a)
4. (b) All the terms and conditions of this
: (a)
4. (b) All the terms and conditions of this
and additionally the £100,000 limit(s) specified above shall
apply to the remainder
Special Conditions
repair
restoration
of Property
which is only partially damaged will not exceed the
amount which would have been payable had such Property been wholly
destroyed.
3.
Any additional amount which may be payable solely due to this
Reinstatement Condition will be paid only if
Reinstatement commences and
proceeds without unreasonable delay
where claims are payable as if this Reinstatement Condition
had not been incorporated
Page 293 (c) When the Buildings continue to be unoccupied after 120 days
Special Definitions Declared Value the insured's assessment of the cost of reinstatement of the Property Insured arrived at in accordance with the Reinstatement provisions at the level of costs applying at the inception of each Period of Insurance (ignoring inflationary factors which may operate subsequently) together with, insofar as the insurance by the item provides, due allowances for: (a)
Page 294 B. Event The Insurance will not be liable for the amount of any deductibles specified in the schedule in respect of the total of all losses arising from any one occurrence as ascertained after the application of all other terms and conditions of the relevant Part(s) including Average. For losses attributed separately to Insured Perils 5 or 6 an
Special Definitions Declared Value the insured's assessment of the cost of reinstatement of the Property Insured arrived at in accordance with the Reinstatement provisions at the level of costs applying at the inception of each Period of Insurance (ignoring inflationary factors which may operate subsequently) together with, insofar as the insurance by the item provides, due allowances for: (a)
Page 294 B. Event The Insurance will not be liable for the amount of any deductibles specified in the schedule in respect of the total of all losses arising from any one occurrence as ascertained after the application of all other terms and conditions of the relevant Part(s) including Average. For losses attributed separately to Insured Perils 5 or 6 an
the additional cost of reinstatement to comply with European
and Public Authority requirements (b) Professional fees
occurrence means any separte period of 72
consecutive hours during the currency of the insurance.
Page 297 Public Liability Part F - Public Liability Section 1 - Special Definitions
Financial Loss Loss or Damage other than arising from Injury or Damage to
Property.
Pollution and Contamination (a) All pollution or Contamination of Building's or other structures or of water or land or the atmosphere and (b) all loss or Damage or Injury directly or indirectly caused by such pollution or contamination. Products. (including containers, packaging, labeling and instructions) sold, , repaired, altered, treated, erected or installed by the Insured in connection with the Business
Page 298 (d) (i) in defending any claim for damages
Section 3 - Financial Loss. The Insurer will indemnify the Insured in respect all
sums which the Insured may become legally liable to
to have been committed, within the geographical limits, or volunteer in, or
about, or in consequence of, their duties arising out of the Business occurring during the period of Insurance.
In addition the insurer will pay all costs and expenses incurred with its written consent: (i) defending a claim. Exceptions The insurer will not be liable for Financial Loss: (a) caused by the failure of the Insured to fulfil its obligations under any contract entered into with the claimant. Section 4 - Indemnity to Other Persons. The Insurer will indemnify under the terms of this Part at the Insured's request: (d) any principle for whom the insured is or has been carrying out work but only to the extent required by the contract for work (e) (1) is not entitled to indemnify from any other source
Page 343 (4) The Insurer
(The Section 25 Notice and Eviction)
Section 5 and Bodily Injury. (
(Section 25 Notice to double the rent unless we fixed the floor (an insured risk) and an improper inducement, then illegal eviction, before any emergency court action took place to get an injunction which was upheld upon the issues of disrepair being insured risks and it being ordered that that was to be dealt with in the county court proceeding which it was further ordered were to be dealt with very expediently, no rent was to be paid further by order and Quiet Enjoyment (including the fixing of outstanding repairs) was also ordered.
Pollution and Contamination (a) All pollution or Contamination of Building's or other structures or of water or land or the atmosphere and (b) all loss or Damage or Injury directly or indirectly caused by such pollution or contamination. Products. (including containers, packaging, labeling and instructions) sold, , repaired, altered, treated, erected or installed by the Insured in connection with the Business
Page 298 (d) (i) in defending any claim for damages
Section 3 - Financial Loss. The Insurer will indemnify the Insured in respect all
sums which the Insured may become legally liable to
to have been committed, within the geographical limits, or volunteer in, or
about, or in consequence of, their duties arising out of the Business occurring during the period of Insurance.
In addition the insurer will pay all costs and expenses incurred with its written consent: (i) defending a claim. Exceptions The insurer will not be liable for Financial Loss: (a) caused by the failure of the Insured to fulfil its obligations under any contract entered into with the claimant. Section 4 - Indemnity to Other Persons. The Insurer will indemnify under the terms of this Part at the Insured's request: (d) any principle for whom the insured is or has been carrying out work but only to the extent required by the contract for work (e) (1) is not entitled to indemnify from any other source
Page 343 (4) The Insurer
(The Section 25 Notice and Eviction)
Section 5 and Bodily Injury. (
(Section 25 Notice to double the rent unless we fixed the floor (an insured risk) and an improper inducement, then illegal eviction, before any emergency court action took place to get an injunction which was upheld upon the issues of disrepair being insured risks and it being ordered that that was to be dealt with in the county court proceeding which it was further ordered were to be dealt with very expediently, no rent was to be paid further by order and Quiet Enjoyment (including the fixing of outstanding repairs) was also ordered.
Goods
supplied
cost and expenses for Financial Loss arising as a result of a negligent act or
or
pay damages and claimants
accidental error or accident omission committed
alleged
by any employee
Legal Defence
will represent the Person Insured in
appealing against the imposition or terms of any Statutory Notice issued under
legislation affecting the Business
Property Protection
A) Property Protection. Insured
Incident. The Insurer will negotiate for the Insured's legal rights in any civil
action relating to Property which is owned by; or the responsibility of the
Insured following: (1) any event which causes or could cause Damage to such
Property; or (2) any Nuisance or Trespass
Page 344 Exceptions. (5)
defending a person's legal right
other than in defending
a counter-claim
Page 345 Exceptions The insurer will
, licence or tenancy of land or buildings other than a dispute with a professional adviser in
connection with the drafting of a lease, licence or tenancy agreement
Page 346 Debt Recovery - Insured Incident (d) the insurer has the right to select the method of enforcement, or to forgo enforcing judgement if the Insured is not satisfied that there are, or will be, sufficent assets available to satisfy judgement. Exceptions The Insurer will not provide indemnity in respect of or arising from or relating to (1) the recovery of money and interest due from another party where the other party intimates that a defence exists
-------- END NOTES--------
, licence or tenancy of land or buildings other than a dispute with a professional adviser in
connection with the drafting of a lease, licence or tenancy agreement
Page 346 Debt Recovery - Insured Incident (d) the insurer has the right to select the method of enforcement, or to forgo enforcing judgement if the Insured is not satisfied that there are, or will be, sufficent assets available to satisfy judgement. Exceptions The Insurer will not provide indemnity in respect of or arising from or relating to (1) the recovery of money and interest due from another party where the other party intimates that a defence exists
-------- END NOTES--------
not provide indemnity in respect of or
arising from or relating to: (1) any claim relating to: (ii) a lease
The insurance policy was not adhered to instead the only action that was taken
by our insurer throughout and with notice and knowledge of our position at all
time was to pursue a protracted legal enforcement to keep us out out our
premises despite payments being made by us the insured for the above cover
and because payment was made it did not matter if liability was admitted or not
as we were covered.
I attach the Final submissions of the case at the county court which is an accurate
and factual document of the outcome of the court case of what was agreed and
disagreed with regards to the building where our business took place that can be
used by the Financial Ombudsman Service to make judgement as to whether we
were covered regardless.
With Kind Regards
Ms Mary J Valdivieso Fortuno Flores
Rule 2.7 clearly does not apply to me:
To be an eligible complainant a person must also have a complaint which arises from matters relevant to one or more of the following relationships with the respondent:2, 3
(1) the complainant is (or was) a customer,5, 6 payment service user4 or electronic money holder5, 6 of the respondent;
(2) the complainant is (or was) a potential customer,5, 6 payment service user4 or electronic money holder5, 6 of the respondent;
(3) the complainant is the holder, or the beneficial owner, of units in a collective investment scheme and the respondent is the operator or depositary of the scheme;
(4) the complainant is a beneficiary of, or has a beneficial interest in, a personal pension scheme or stakeholder pension scheme;
(5) the complainant is a person for whose benefit a contract of insurance was taken out or was intended to be taken out with or through the respondent;
Ms Mary J Valdivieso Fortuno Flores
Rule 2.7 clearly does not apply to me:
To be an eligible complainant a person must also have a complaint which arises from matters relevant to one or more of the following relationships with the respondent:2, 3
(1) the complainant is (or was) a customer,5, 6 payment service user4 or electronic money holder5, 6 of the respondent;
(2) the complainant is (or was) a potential customer,5, 6 payment service user4 or electronic money holder5, 6 of the respondent;
(3) the complainant is the holder, or the beneficial owner, of units in a collective investment scheme and the respondent is the operator or depositary of the scheme;
(4) the complainant is a beneficiary of, or has a beneficial interest in, a personal pension scheme or stakeholder pension scheme;
(5) the complainant is a person for whose benefit a contract of insurance was taken out or was intended to be taken out with or through the respondent;
I understand now that you have found out it is Lloyds as the underwriter not
AXA but UKU made all the decisions. I also understand from you that I cannot sue
Lloyds. They have immunity anyway in the UK.
(6) the complainant is a person on whom the legal right to benefit from a claim against the respondent
under a contract of insurance has been devolved by contract, assignment, subrogation or legislation
(save the European Community (Rights against Insurers) Regulations 2002);
(7) the complainant relied in the course of his business on a cheque guarantee card issued by the respondent;
(8) the complainant is the true owner or the person entitled to immediate possession of a cheque or other bill of exchange, or of the funds it represents, collected by the respondent for someone else's account;
(9) the complainant is the recipient of a banker's reference given by the respondent;
(10) the complainant gave the respondent a guarantee or security for:
(a) a mortgage;
(b) a loan;
(c) an actual or prospective regulated consumer credit agreement;
(d) an actual or prospective regulated consumer hire agreement; or
(e) any linked transaction as defined in the Consumer Credit Act 1974 (as amended);
(11) the complainant is a person about whom information relevant to his financial standing is or was held by the respondent in operating a credit reference agency as defined by section 145(8) of the Consumer Credit Act 1974 (as amended);
(12) the complainant is a person :7, 8 7, 8
(a) from whom the respondent has sought to recover payment under a regulated consumer credit agreement or regulated consumer hire agreement in carrying on debt-collecting as defined by section 145(7) of the Consumer Credit Act (1974) (as amended); or7, 8
(b) in relation to whom the respondent has sought to perform duties, or exercise or enforce rights, on behalf of the creditor or owner, under a regulated consumer credit agreement or regulated consumer hire agreement in carrying on debt administration as defined by section 145(7A) of the Consumer Credit Act (1974) (as amended);7, 8
(13) the complainant is a beneficiary under a trust or estate of which the respondent is trustee or personal representative;9
(14) (where the respondent is a dormant account fund operator) the complainant is (or was) a5, 6 customer5, 6 of a bank or building society which transferred any balance from a dormant account to the respondent.9
(7) the complainant relied in the course of his business on a cheque guarantee card issued by the respondent;
(8) the complainant is the true owner or the person entitled to immediate possession of a cheque or other bill of exchange, or of the funds it represents, collected by the respondent for someone else's account;
(9) the complainant is the recipient of a banker's reference given by the respondent;
(10) the complainant gave the respondent a guarantee or security for:
(a) a mortgage;
(b) a loan;
(c) an actual or prospective regulated consumer credit agreement;
(d) an actual or prospective regulated consumer hire agreement; or
(e) any linked transaction as defined in the Consumer Credit Act 1974 (as amended);
(11) the complainant is a person about whom information relevant to his financial standing is or was held by the respondent in operating a credit reference agency as defined by section 145(8) of the Consumer Credit Act 1974 (as amended);
(12) the complainant is a person :7, 8 7, 8
(a) from whom the respondent has sought to recover payment under a regulated consumer credit agreement or regulated consumer hire agreement in carrying on debt-collecting as defined by section 145(7) of the Consumer Credit Act (1974) (as amended); or7, 8
(b) in relation to whom the respondent has sought to perform duties, or exercise or enforce rights, on behalf of the creditor or owner, under a regulated consumer credit agreement or regulated consumer hire agreement in carrying on debt administration as defined by section 145(7A) of the Consumer Credit Act (1974) (as amended);7, 8
(13) the complainant is a beneficiary under a trust or estate of which the respondent is trustee or personal representative;9
(14) (where the respondent is a dormant account fund operator) the complainant is (or was) a5, 6 customer5, 6 of a bank or building society which transferred any balance from a dormant account to the respondent.9
I therefore look forward to the FOS’s decision as to my legal cover 7 years later in
this matter and other cover business interruption issues, which were clearly
ignored, leaving me to date without a penny in compensation and having to fight
this case as is my right but with great anxiety as to my ability without a lawyer to
get any justice at all. It is utter corruption of the highest order!
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