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Hibernian Verse
09-05-2011, 01:45 PM
Basically I smashed the cover of my phone. It's covered under accidental damage so there's no problem there but I've just been told that because my parents pay the contract I can't claim. This wasn't made clear to us at the time of taking out the policy. What options do I have? Can I change the name of the contract to mine?

Future17
09-05-2011, 01:49 PM
Basically I smashed the cover of my phone. It's covered under accidental damage so there's no problem there but I've just been told that because my parents pay the contract I can't claim. This wasn't made clear to us at the time of taking out the policy. What options do I have? Can I change the name of the contract to mine?

Alright mate, largely depends on the details of what was sold and by whom.

I take it the phone is in your parents' names, but the insurance is in your name?

Is the insurance provided by a different company than the mobile contract is with?

Did you buy the insurance policy at the same time as you bought the phone contract or before/after?

Hibernian Verse
09-05-2011, 01:58 PM
Alright mate, largely depends on the details of what was sold and by whom.

I take it the phone is in your parents' names, but the insurance is in your name?

Is the insurance provided by a different company than the mobile contract is with?

Did you buy the insurance policy at the same time as you bought the phone contract or before/after?

Insurance is in my name, contract is in my mums. And yeah, it's Endsleigh Insurace, contract is with 3. And no, I bought the insurance after in September last year.

I feel like the contract has been completely misrepresented. The 'salesman' that came round my halls made no attempt to clarify that it had to be in my name, and the contract (that I've read 3 times now) says nothing about mobile phone contracts. Therefore I've wasted £45, and surely I've been sold the insurance under false pretenses?

Future17
09-05-2011, 05:00 PM
Insurance is in my name, contract is in my mums. And yeah, it's Endsleigh Insurace, contract is with 3. And no, I bought the insurance after in September last year.

I feel like the contract has been completely misrepresented. The 'salesman' that came round my halls made no attempt to clarify that it had to be in my name, and the contract (that I've read 3 times now) says nothing about mobile phone contracts. Therefore I've wasted £45, and surely I've been sold the insurance under false pretenses?

In that case, write to (or e-mail is time is of the essence) Endsleigh Insurance and explain the position.

You've been sold insurance that covers accidental damage to a mobile phone. If there's no exclusion of mobile phone contracts so as far as the contract with Endsleigh goes, then they are obliged to cover a phone that you own. Regardless of the fact that you didn't buy it, your mum owned it and gave it to you so you now own it.

Technically speaking, if they're claiming they don't cover scenarios like yours, Endsleigh have missold the policy and should, therefore, cancel it and refund any premiums you have paid. However, if it's more cost-effective for you, you might want to try insisting that they cough up for this repair. Once they've done that, you can cancel the contract at a later date (bearing in mind there's liable to be a cost for doing so).

On a side note, if you were sold this in your Halls at uni, i'm guessing this is fairly standard practice by Endseigh's rep and one that may have led to numerous sales in the past and may continue to do so in the future. Also, i'm sure a high percentage of students at uni are in a similar situation with regard to who pays their bill. I'd make sure your letter includes a reference to this as well as something like:

"CC: ******** University Student Association and "******** University Campus Magazine"

You don't actually have to bother CCing it to anyone but they will be very vary of bad press in an institution which is essentially a captive audience of 100% of their target market.

marinello59
09-05-2011, 05:13 PM
I would get straight back on to Endsleigh and quote the relevant clause to them. Our house insurance cover with them included central heating breakdown cover. When we tried to claim they initially told my wife we were not covered as we had a gas boiler. :confused:
One call later and they had an engineer booked.

Hibernian Verse
09-05-2011, 05:44 PM
Thanks Nick and Marinello. I'll get onto them tomorrow again. Phoned someone for legal advice as well and they have said exactly the same.

Cheers.
:flag:

Future17
09-05-2011, 05:53 PM
Thanks Nick and Marinello. I'll get onto them tomorrow again. Phoned someone for legal advice as well and they have said exactly the same.

Cheers.
:flag:

No worries mate. Good luck - let me know how you get on! :aok:

matty_f
09-05-2011, 06:18 PM
In that case, write to (or e-mail is time is of the essence) Endsleigh Insurance and explain the position.

You've been sold insurance that covers accidental damage to a mobile phone. If there's no exclusion of mobile phone contracts so as far as the contract with Endsleigh goes, then they are obliged to cover a phone that you own. Regardless of the fact that you didn't buy it, your mum owned it and gave it to you so you now own it.

Technically speaking, if they're claiming they don't cover scenarios like yours, Endsleigh have missold the policy and should, therefore, cancel it and refund any premiums you have paid. However, if it's more cost-effective for you, you might want to try insisting that they cough up for this repair. Once they've done that, you can cancel the contract at a later date (bearing in mind there's liable to be a cost for doing so).

On a side note, if you were sold this in your Halls at uni, i'm guessing this is fairly standard practice by Endseigh's rep and one that may have led to numerous sales in the past and may continue to do so in the future. Also, i'm sure a high percentage of students at uni are in a similar situation with regard to who pays their bill. I'd make sure your letter includes a reference to this as well as something like:

"CC: ******** University Student Association and "******** University Campus Magazine"

You don't actually have to bother CCing it to anyone but they will be very vary of bad press in an institution which is essentially a captive audience of 100% of their target market.

This.:agree:

If you've got the policy and it's not included as an exclusion then you should be able to claim on it. If you ask them to point you to which clause in your contract covers the exclusion they should end up on the back foot.

Go for the mis-sell line as well, there are a lot of financial service companies papping themselves just now because of mis-sell claims and the chances are they'd rather go down the route of paying out on the claim then having a challenge raised where the issue may be widespread.

Speedy
12-05-2011, 12:25 PM
I have no advice but just wanted to say I hate insurance companies.

'kin rip off merchants!