|
|
| *Ostroff, Fair and Company>>>Insurance |
Help! How do i take legal action against Mobile phone insurance company? |
My phone was stolen in oct. I have been paying premiums of 拢5.00 all year. I paid 拢25 excess fee in early Nov. Every day this insurance co tells me the courier is bringing it, sometimes they avoid my calls put the phone down etc. I still have no replacement phone. How do i begin legal proceedings against them. Surely i can sue? Actually probably not. If you look carefully in the fine print....I'll bet you'll find a clause that forces you to take any disputes against the insurer or firm into binding arbitration, where you are likely to either lose outright because they'll out lawyer you.....or it won't be worth it for you to spend the hundreds or even thousands of dollars in legal fees in order to recover. You are probably better off just getting another phone and checking to see if they'll refund your premiums rather than actually pay out on the phone. Before jumping straight at them with a law suit, put your concerns on paper....with detailed dates and occurrences and tell them that if it is not resolved before a given date, you will be taking legal action. If you don't hear from them again, seek advice from a lawyer friend (no cost) or the Citizens Advice. They will tell you if you actually have a case and also the fact that you have written to the company prior to this (have a copy) will give you more standing when taking it further. Sometimes they just need that little push to get themselves into gear. Good luck...and don't give up. Personal experience of another kind. Write in a letter exactly what has happened and in the order of events, e.g. how much you've been paying for insurance, since when, when your phone was stolen etc... Then describe your problems with the company/non-delivery of phone etc... Get the name of the manager of the insurance company and send a copy of the letter to him/her by Recorded Delivery (so you will know it has definitely been received). At the bottom of the letter write 'a copy of this letter has been forwarded to my solicitors, who will be in contact with you if I do not hear from you or receive a response from you by the end of the month.' Hopefully this should work! I have actually done this myself (although I was claiming holiday insurance money back rather than just the delivery of a phone). Also, the insurance company will be affiliated with the your mobile network provider so you could always threaten to terminate your contract with them unless they reimburse the excess money you have paid to the insurance company. I have also twice threatened to leave my mobile network provider and they were so keen not to lose a customer that they bettered my current contract! Hope this helps, let me know how it goes! Be forceful! own experience & trainee lawyer |
| Tags |
| Personal Finance Investing Insurance Credit Corporations |
Finance Categories--Copyright/IP Policy--Contact Webmaster |