Asking the Internet for Legal Advice
Aug. 1st, 2009 06:14 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
kingandyBack in October, when we went to pay depoit for the new (rental) flat, the estate agent, Sanderson James, offered us a choice. We could put down six weeks' rent as deposit, or put five weeks' down and use money from the the sixth week to pay for contents insurance. Fair enough, says we, it seems a reasonable amount of moneys and at least with the insurance being provided by the estate agent you know that it's definitely valid on the property in question. Saves us sorting it out ourselves.
In January we were burgled. Oh well, says we, at least we were insured. A claim was duly filed and (over the following months) proof of ownership of the majority of items provided.
Last month (July) a Loss Adjuster was sent to inspect the premises. Not, as we assumed, to verify ownership of said goods, but in fact to inspect the locks.
Today we received a letter from said Adjuster informing us that following his report, the insurance company had concluded that the lock fitted to the door did not meet the minimum standard specified in their policy, and as such the policy was not valid.
So the situation is this: Sanderson James sold us an insurance policy that was not valid on the property we were renting from them.
Pop quiz: What's our next step?
Our first thought is naturally legal action. I'm not 100% convinced it would work, though. Technically, as insurance brokers, they did let us read the policy before we signed it, and it might then be our responsibility to ensure that the estate agents kept the property up to scratch (even though they're the same people). But surely, there's a level of implication that the person selling you a policy on the flat you're renting from them is selling you a valid policy? Wouldn't it be their responsibility to make sure the flat matches the minimum security level before they try and sell it to you? Is that not, in fact, a scam? Or at the very least, criminal negligence. It's sale of an item not fit for use.
Ant is planning to consult his family solicitor but any additional insight would be greatly appreciated.
FWIW, they didn't actually give us a copy of the policy after we signed it. I'm pretty sure that at least is breaching some regulation or other.
Anyone have any experience with legal issues of this nature?
In January we were burgled. Oh well, says we, at least we were insured. A claim was duly filed and (over the following months) proof of ownership of the majority of items provided.
Last month (July) a Loss Adjuster was sent to inspect the premises. Not, as we assumed, to verify ownership of said goods, but in fact to inspect the locks.
Today we received a letter from said Adjuster informing us that following his report, the insurance company had concluded that the lock fitted to the door did not meet the minimum standard specified in their policy, and as such the policy was not valid.
So the situation is this: Sanderson James sold us an insurance policy that was not valid on the property we were renting from them.
Pop quiz: What's our next step?
Our first thought is naturally legal action. I'm not 100% convinced it would work, though. Technically, as insurance brokers, they did let us read the policy before we signed it, and it might then be our responsibility to ensure that the estate agents kept the property up to scratch (even though they're the same people). But surely, there's a level of implication that the person selling you a policy on the flat you're renting from them is selling you a valid policy? Wouldn't it be their responsibility to make sure the flat matches the minimum security level before they try and sell it to you? Is that not, in fact, a scam? Or at the very least, criminal negligence. It's sale of an item not fit for use.
Ant is planning to consult his family solicitor but any additional insight would be greatly appreciated.
FWIW, they didn't actually give us a copy of the policy after we signed it. I'm pretty sure that at least is breaching some regulation or other.
Anyone have any experience with legal issues of this nature?
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Ed's girlfriend says....
Date: 2009-08-01 06:37 pm (UTC)I'm toying with mentioning some sort of act to do with 'mis-selling' or 'mis-representation', but I really don't know enough about it.
Also, and I've said this many, many times before, and I'm always ignored because other people who don't work in the legal sector *always* know best, - but the CAB are utterly useless.
YES, they *used* to be very helpful and have advisers who knew the law, and you could just pop in and see them, but NOW their budgets have been hit so heavily that, if you can get an appointment in the next two weeks, or at all, they will listen to what you have to say, smile, nod, agree that you might have a case, and give you a list of local solicitors who might be able to help. Which will be out of date. And inaccurate.
In short - don't bother with the CAB unless you want them to help you fill in a very specific form to claim a state benefit - that's all they're good for now, and they're not very good at that :(
Just go see a solicitor straight away – most of them will give you 30 minutes for free.
Re: Ed's girlfriend says....
Date: 2009-08-01 08:50 pm (UTC)Re: Ed's girlfriend says....
Date: 2009-08-02 11:06 am (UTC)Re: Ed's girlfriend says....
Date: 2009-08-01 08:53 pm (UTC)Re: Ed's girlfriend says....
Date: 2009-08-02 10:59 am (UTC)