Mobile Phone Insurance Problems

[slainte caragh]

Re: Mobile Phone Insurance Problems

Thank you

She is very beautiful and only has her Auntie Callie round most of her fingers. I've done a separate post about her
r

[ADDLED]

Re: Mobile Phone Insurance Problems

I became an auntie for again yesterday so everything has flown out the windowCallie <3

Ha, congratulations! My youngest sis is half way through her 3rd day in labour; it's her first, and they reckon it's a 10 pounder! I'm on edge, waiting for news.

[slainte caragh]

Re: Mobile Phone Insurance Problems

thanks and good luck!!

[ADDLED]

Re: Mobile Phone Insurance Problems

I received an email from them yesterday, the meat and bones of which says;

"We refer to your telephone conversation of 28th July 2017, when you submitted a complaint regarding our repair centres not being Samsung approved.
We are sorry that you have felt the need to raise this matter with us and would like to reassure you that your concerns will be fully investigated. Will contact you again when we have reviewed this matter.
Please note that we are permitted eight weeks in which to review your complaint and provide our final decision. In view of this, our full response will be provided to you by no later than 22^nd September 2017. Please be reassured, however, that we will aim to respond to you as soon as possible.
We act on behalf of UK General Insurance Limited, and following regulatory changes introduced from 1 July 2012, we handle complaints through to final decision stage."

So they've at least acknowledged my complaint, but is it reasonable to have to wait 2 months for a decision during which time i havent a mobile phone, or can i take steps to have the phone repaired properly?
thanks
ADD

[des8]

Re: Mobile Phone Insurance Problems

Go back to them and remind them that the Enterprise Act 2016 Part 4A 13A requires insurers investigate and process claims expeditiously or be subject to paying consequential damages.

IMO 2 months is too long!!
Your phone needs repair to put you back in the position you were in before it was broken.
This needs to be done at an approved centre.
It would take a phone call to Samsung to confirm this
Why 8 weeks?

[ADDLED]

Re: Mobile Phone Insurance Problems

Tks again des. I'll email them later pointing out what you've said.
Would it be reasonable of me to have it repaired in the meantime? I've spoken with several approved repairers - Carphone Warehouse offer the aervice at the same price as the Samsung repair centre.

[slainte caragh]

Re: Mobile Phone Insurance Problems

8 weeks is the standard OFCOM timescale for a complaint against a network provider, and I know that most Ombudsman services require 8 weeks to allow the company to rectify things.

No idea about insurances though, I would think this is as simple as OOPS we messed up let's fix it.

IMO the timescale is for if you are unhappy with the outcome and want to go to the Insurance Ombudsman, I am hoping this is a generic letter and that you're complaint will be dealt with quicker!

Callie <3

[des8]

Re: Mobile Phone Insurance Problems

If they insist on 8 weeks you can always initiate court proceedings for breach of contract immediately, by sending a letter before action.
You have a contract and you believe they are in breach of that contract.
You don't have to give them time to investigate their own errors before pursuing them.
You aren't making a complaint for them to investigate ... you are telling them to perform the contract or face the consequences.

[ADDLED]

Re: Mobile Phone Insurance Problems

Ok, here we go...


LETTER BEFORE ACTION

I write again with regard to the above insurance policy and your subsequent email reply offering to investigate the matter and reply within 8 weeks.

The policy was taken out to provide insurance for my Samsung Galaxy S7 phone.

I have made a claim under the policy because I dropped and cracked the glass screen on the phone. I paid the policy excess and was advised that I need to visit your repair centre to have the phone assessed and repaired.
During the conversation, the following points regarding your repair centre became apparent:

1. The repair centre does not use OEM (original equipment manufacturer) parts, instead uses generic after-market parts.
2. The repair centre is not authorised by Samsung.

The above points cause a problem in that the 2 year manufacturer’s warranty is voided by using non-OEM parts and repair by a non Samsung approved repairer.

Insurance is by definition a contract of indemnity, i.e. it's purpose is to put the insured back into the position he held before the insured event occurred. The repair by your repair centre a) not using correct parts and b) not being an approved Samsung repairer does not put me back in that position as it invalidates the manufacturer’s warranty and therefore puts me in a far worse position since your 3 month warranty for the repair is not a suitable substitute for a full 2 year manufacturer’s warranty.
For the reasons above, I believe that the policy is not fit for purpose.

Your emailed response to my complaint states that you may takes 8 weeks to respond. The Enterprise Act 2016 Part 4A 13A requires insurers investigate and process claims expeditiously or be subject to paying consequential damages. 8 weeks to process a complaint that should be handled simply and quickly is unreasonable so in light of this I have taken measures to have the phone repaired by a Samsung repair Centre, the cost of which is £180.

Since an insurance policy is a contract of indemnity, in order that I am not out of pocket, I request that you refund me the difference between the cost of the approved, warrantied repair and the sum I have paid in insurance premiums for the current policy year and claim excess, which I estimate to be £95.

If I do not receive a payment within 7 days of this email I shall, without further notice, issue a County Court claim for my loss, costs, interests, and reasonable travelling expenses that I have outlaid in resolving this matter.

I look forward to your prompt response and refund.

What d'you reckon?
tks
ADD

[slainte caragh]

Re: Mobile Phone Insurance Problems

I would add that an insurance claim for any physical damage does not invalidate a warranty unless non approved parts are used.

Only cos that was the first excuse they used

[des8]

Re: Mobile Phone Insurance Problems

Before you send that message (which could be improved) have you actually already made arrangements to have the repair carried out by Samsung?

[ADDLED]

Re: Mobile Phone Insurance Problems

Before you send that message (which could be improved) have you actually already made arrangements to have the repair carried out by Samsung?

I did. I've been prattling around with my ancient phone since the accident and so i emailed them this morning and callled them to say i have no option than to have it repaired by the manufacturer if they didnt respond urgently. They didnt. Manager also said there's nothing else they can do.

- - - Updated - - -

Before you send that message (which could be improved)

Ha, i dont doubt it!

[des8]

Re: Mobile Phone Insurance Problems

So the insurers said they could not arrange for repair that would preserve your warranty?
Have you had that in writing?

[ADDLED]

Re: Mobile Phone Insurance Problems

So the insurers said they could not arrange for repair that would preserve your warranty?
Have you had that in writing?

Not as such, they alluded to it in their email response and have confirmed it in 3 phone calls. Also, Samsung confirmed they aren't an approved repairer and that they don't sell OEM parts to non-approved repairers.
ADD

[des8]

Re: Mobile Phone Insurance Problems

I'm bit busy today, but will get back to you this evening