Clarification on a possible claim please

[Quovadisuk]

I did post some time back concerning issues we were experiencing with a solicitor handling probate for us, and as advised took the matter to the legal ombudsman to consider. Alas, due to their assumed workload, it has taken 6 weeks for them to give a case number and a further three months to consider the case in detail . I do appreciate they are under severe pressure at the moment, so I looked at following my home insurance policy legal helpline to see if we could get a professional review of events quicker, as the situation with the solicitor has got worse, with missing paperwork, missing share certificates, mis information (which that they have admitted ) and a sheer delay to what I perceive is incompetence. In contacting the legal line, they have requested events in chronological order which we have supplied. However we have now had this response which I wanted your learned clarification on please. This was the response :

Please note, your policy contains the following section of cover for consumer protection:

"The cost of you pursuing a legal action against another person or organisation as a result of a contract you or any of your family have made, or the cost of defending a legal action brought against you or any of your family over a contract any of them have made, to:
i) buy or rent consumer goods or services within territorial limits 1, or
ii) sell consumer goods within territorial limits 2."

Your policy defines 'You' and 'Your family' as the following:

"You/Your: The person or persons named as policyholder on your Policy Schedule."

"Your Family: You, your husband, wife or partner, your children (including foster children and adopted children), your relatives, a partner, husband or wife of your children, as long as they normally live with you."

Based on the information available, it is unclear whether the deceased would have fallen under these definitions. Please can you confirm the permanent address of the deceased at the time of their passing?




My issue here is that the way I have interpreted this statement, is that if the deceased was not living with us the claim would not be accepted under the terms of this clause ?

I have replied to this email stating that the claim is being brought under the term one of the above, as my wife being a family member bought services from the solicitor to act professionally on her behalf to undertake probate ( she is the named person on the probate certificate) i am the insured policy holder.

Secondly as the deceased had no involvement either verbally or in any written form in agreeing the contract (either pre or post death via a will or otherwise ) with the solicitor to undertake probate for my wife, then the second clause does not apply?

Have I interpreted the above correctly, and would I be correct to argue the point that clause two does not apply as the contract was solely between my wife and the solicitor and therefore the deceased whereabouts before her death has no relevance in them pursuing the claim on our/her behalf being family ?

Your valued replies would be appreciated

Kind Regards

[atticus]

But looking at your other thread, isn't your wife the person bringing the claim against the solicitor?

[Quovadisuk]

Yes she is, but as she is family ie my wife does this not then entitle me to bring the claim on her behalf via the policy ? Or have I mis interpreted something here ? Regards

[atticus]

You need to get this insurer to understand who is - and who is not - the claimant. They seem to think it is your late father in law.

[Quovadisuk]

Thank you Sir for your clarification. Kind Regards