FAQs about Litigation & Disputes

Insurance law disputes

Insurance claims disputes mean either that an insurer does not want to pay out or proposes a lower payout than the loss suffered or that the insurance policy was miss-sold. It is difficult to win the battle with insurers as they normally have huge funds to dispute almost any claim.

If you bring a formal Court claim, you have three options:

  • to request the Court to make a “Declaration” as to the meaning of a disputed part of the contract
  • undertake the work at your own cost and then sue the insurer for the cost of it (quotes from different providers are needed and full receipts),
  • make a claim for specific performance so that insurer is asked by the Court to stick to the terms of the contract.

Before going to Court, it is advisable to have the Financial Ombudsman have a look at your case. The Ombudsman will investigate the claim and mediate between the parties. It can make a binding order and the service is free of charge.

POSSIBLE DEFENCES IN A REPOSSESSION CASE

If your home is about to be repossessed, it is important you show the court that you have a potential defence and this way you may end the process.

Potential defences:

  • If there is a disagreement as to amount you owe, the court may give the parties more time to gather the documents to prove the outstanding amount. At the same time, you may carry on negotiating with your lender about your payments.
  • If you pay off the debt before coming to court, the judge is likely to adjourn your case. However, the lender may initiate the court proceedings again if you fail with the payments.
  • The court may dismiss the claim and not let the parties to introduce any new evidence if the particulars of claim are not completed properly or if the facts are incorrect.
  • The lender must be able to prove the claim. Failure to do so will dismiss the repossession claim.  You will not be obliged to pay the legal costs.
  • The judge may dismiss the case if you can show that there was undue influence, that is the lender used pressure to induce you to enter into the mortgage agreement or if it can be shown that he made a misrepresentation in relation to the terms of the agreement.

Other defences leading to a case possibly being adjourned, delayed or suspended include:

  • willingness to sell the house to clear off the debt
  • arrangements already made to clear the arrears
  • difficulties in finding another place
  • payment plan reasonable specifying the time when the arrears will be paid off

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