Morton Michel

[Mrs.L.C]

Has any one used them to make a claim and if they did was it within the first 90 days of being with them?

The reason I ask is, I have attempted to make a claim recently to get a parent to pay notice period, followed all their advice to then be told they cant take it further as im within the 90 days. I now feel like a right pratt

[sarah707]

Not sure what you mean..?

Is there like a 90 day cooling off period on contracts?

[Mrs.L.C]

something to do with me being with them for less than 90 days

[Mrs.L.C]

Il copy the email they sent me highlighting the main bit

Your policy provides cover for Employment Disputes and Awards, Legal Defence, Contract Disputes, Debt Recovery and Tax Protection. The legal defence section applies in matters where you will be defending your legal rights for particular situations when you are prosecuted in a criminal court and for certain other events.

I have assessed your claim under the Contract Dispute section of your policy as this is the section that has relevance to your claim. Under this section we will ‘negotiate for your legal rights in a contractual dispute arising from that agreement or that alleged agreement which has been entered into by or on behalf of the insured for the purchase, hire, sale or provision of goods or services’

However, this section of cover specifically excludes ‘any dispute arising from an agreement entered into prior to the inception date of indemnity provided by this policy if the date of occurrence is within the first 90 days of the inception date of this policy.

Upon examination of the claim it is apparent that your Legal Expenses Policy commenced on 8th November 2008. However it would appear that you entered into the contract with xxx on 22nd September 2008 with the dispute starting on 17th November 2008.Unfortunately this agreement was entered prior to the inception of your policy and the date of occurrence of the incident is within the first 90 days of the inception date of the policy and therefore I will be unable to confirm cover in respect of this claim

Having explained why we are unable to assist you on this occasion, it is possible that you could pursue your claim in another way and you should consider whether:-




- You may be able to instruct a solicitor under a Conditional Fee Agreement (i.e. No Win No Fee)

- You may have a Legal Expenses policy with another insurer, the policy cover of which might be different from that provided by DAS.

We are sorry that under the terms of your Legal Expenses Insurance policy we are unable to pursue your claim. Your policy provides free advice concerning this matter or, indeed, any other legal matter. The helpline is available twenty-four hours / seven days a week, and the telephone number can be found in your policy documentation.

In closing, whilst we are sorry that we cannot assist you under the terms of your DAS policy we hope that you understand why this is. We do however look forward to hearing from you should you require any assistance from our legal advice helpline.





At first I thought they meant the contract I had with the parent as I had emailed the most recent one so I emailed the older contract aswell but they called and said it was because my policy was within the 90 days not the contract

[sarah707]

Ahhh! It's because you are a new customer with them, I see!

In which case you should be covered by whoever insured you last... or was it your first insurance?

PS I just took your parent name out of the email :D

[angeldelight]

Hope you get it sorted

Angel xx

[rickysmiths]

Sorry to hear this.:angry: You could try making a claim through the small claims court. Google Small Claims and it shoud come up with the website. You can fill in the forms on line. I assume as you are claiming money for non payment in a notice period you did not take a depoit at the start of the contract?

I learnt the hard way years ago and now I always take at least 2 weeks which I hold until the END of the contract. That way I will now never be out of pocket.:clapping:

[Mrs.L.C]

Ahhh! It's because you are a new customer with them, I see!

In which case you should be covered by whoever insured you last... or was it your first insurance?

PS I just took your parent name out of the email :D

Cheers Sarah. Thought I had done that. I will give NCMA a ring in abit.

Can you see way I am annoyed with them? They should have told me that when I first called them, not after they got me to do everything

[sarah707]

Somebody somewhere either didn't read their own small print or didn't check the dates.

Yes I can see why you're annoyed but I suppose it's one of those things.

I hope it gets sorted quickly now you know what you're doing next xx

[Mrs.L.C]

Sorry to hear this.:angry: You could try making a claim through the small claims court. Google Small Claims and it shoud come up with the website. You can fill in the forms on line. I assume as you are claiming money for non payment in a notice period you did not take a depoit at the start of the contract?

I learnt the hard way years ago and now I always take at least 2 weeks which I hold until the END of the contract. That way I will now never be out of pocket.:clapping:



Thats a good idea. Iv been minding 5 years and iv never had this happen before. The parent terminated the contract after I took 5 days off over 2 weeks due to a bereavement

[rickysmiths]

Oh! Aren't people horrible! :angry: You could have had so much more time off in the circumstances I'm sure. Like most of us you prob tried to minimize the impact for your parents.

I would look at the Small Claims route it really isn't hard and it might give this familly the wake up call they need.! It might get your money back.

[Mrs.L.C]

Oh! Aren't people horrible! :angry: You could have had so much more time off in the circumstances I'm sure. Like most of us you prob tried to minimize the impact for your parents.

I would look at the Small Claims route it really isn't hard and it might give this familly the wake up call they need.! It might get your money back.

I think I might take a look into that. I don't like doing it but its the principle.

[rickysmiths]

Hi! just found the link to the web site for small claims.

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

Hope this helps.