Small claims - trader-legal home insurance

[Sotired]

Hi. I am having to take a tradesman company to the small claims court for poor work etc. They are going to defend this action and I am now waiting for their defence. And hear back from the courts.

I have home insurance with legal cover. I feel I need some help and support with this as the guy has b8llied me into accepting the work. However, the home insurance legal have said as i had the work done when not insured with them, They cannot help me.

This work dates back 4 years, still within he consumer time limit and have been with the same home insurance for the past 3 years. I obviously did not realise i would be in the position where I have hsd go down the small claims route. Following the complaints procedure also took some time.

is this normal to be not covered legally? This is the first time I have had to use my home insurance, legal and it is now I need the help with this, so disappointed I can't get any

I would appreciate any advice..

to add i have a sil ver type legal policy but seems not en9ugh.

[des8]

Depends on the wording of the policy, but not surprised.
can you post up a link to the policy wording?

[Sotired]

Thank you for quick response. I will get the wording from them tomorrow and post, as I have disputed it w7th them.

[Sotired]

Hi again.. my legal insurance states the following.



Even if cover applies, if the value of your claim is below the small claims court limit (which is �,000 in England & Wales and �000 in Scotland) we would not be able to incur professional fees in connection with it. You would however still be entitled to access the legal helpline for assistance with building your case, and the policy may also pay appropriate expert and court fees.



The prospects of success must be at least 51% and costs must be proportionate to the value of the claim.


it is a small claims, therefore not entitled to support with this!
I expect to receive the company defence this week, depending how behind the courts are.

i have all the evidence, but they will be brutal with me over this. How can I make sure I cover everything, and get support.?

thanks

[des8]

I'm thinking your policy is with Halifax.

Is that quote "Even if cover applies.... pay appropriate expert and court fees." actually a term within the policy wording and not an explanation you have been sent?
Can you give us a link to the FULL policy wording.?

[Sotired]

Is it OK just to attach the whole pdf. Should I take the names out?

[des8]

Remove identifying details e.g. Names & addresses and policy number

[Sotired]

Is that quote "Even if cover applies.... pay appropriate expert and court fees." actually a term within the policy wording and not an explanation you have been sent?

AN EXPLANATION SENT

Can you give us a link to the FULL policy wording.? see attached.

[Sotired]

Hi, have you had a minute to check over my policy details at all please.? Any good?

[des8]

Sorry for delay, but missed your post

Your policy actually states:
"If after receiving a claim .... we decide that ,,,,, the costs of the legal action are more than the value of any damages that are likely to be awarded as a result..... "
As you mention "small claims", the claim is for less than £10,000 so it would be reasonable to anticipate a solicitor's costs would exceed any award of damages if you win.

The small claims track is designed to be user friendly for litigants in person, and recoverable costs are minimal.

You also stated in post 1 that the building work was carried out 4 years ago, but your legal expenses insurance started 3 years ago.
I said in post 2 I was not surprised your claim had been denied, and within the policy wording there is the statement which I anticipated being present:
"We will pay up to the claim limit for ...... insured events that arise during the period of insurance ....."

You can still access their legal helpline for assistance, or you could start a thread here

[Sotired]

Thanks for your reply and for reading through the details.

'With reference to the, "We will pay up to the claim limit for ...... insured events that arise during the period of insurance .

I do understand this part, however I did not anticipate I would end up having to take them to court when I first used them, so the problems arose when I was covered with them.

Thank you for your advice. I may post for further clarification of how to put down my response to the tradesman's court defence, as i will be upagainst it ttying to do myself .
do you have any links, templates?

Thanks again

[des8]

No templates for a claimant responding to a defence, but if you want further assistance just post up when required.

[Sotired]

Thanks. The one thing can think of at the minute, although have read i don't think you can put without prejudice emails in, which is a shame! . Can I refer to them, or ask the trader let the court see them?

[des8]

Depends on how the "without prejudice" phrase was used as to whether or not you can include those emails.

To benefit from the protection that the phrase bestows they should only be used in genuine attempts to settle the dispute.

[Sotired]

They offered to put some things right in these emails but they completely ignored the sub standard work part, whuch is why inhsve to take it to court.