Insurance Problem

[Guest Kaka]

Hi,

Recently i had the major misfortune of getting my Coat nicked. It contained my phone and a bit of money.

When i bought the phone via Onestopphoneshop i thought it wise to take the insurance they offered.

Phone was E200.

Reported to the police and Orange ok.

rang insurance. Seemed great on the phone. Sent me out the forms but demanded a £50 Excess Fee.

Was upset but i send the cheque anyway.

On Friday i got a letter from them saying that the lost phone is not covered because it was not a violent Robbery and i wasnt hurt.

So for almost a year i have been paying the insurance ( Insurance is Citymain ) and they are unwilling to cover the theft.

Can anyone offer any advice please? Im going insane.

Thx

Kaka

[Guest sponge]

You need to check your copy of the terms & conditions to see what is covered and what isn't. Are they on the retailers website? Or were they provided with the phone?

With the T&Cs at hand it may be worth contacting the Insurance Ombudsman, see what they think. They will be able to advise on whether the T&Cs are unfair or not - if they are, you could take further action.

[Guest Paul [MVP]]

WTF? That is outrageous!

I would double check your T&Cs... drop me a PM after doing so to let me know how you get on...

P

[Guest Anonymous]

Kaka,

I read the t&c's of the insurance that came with my onestopphoneshop phone and cancelled it straight away and switched to orange care. I can't remember if you are covered or not but the £50 excess frightened me.

[Guest Kaka]

Hi all,

I dont have them anymore but i know for sure that was not mentioned. I woulda cancelled if it was.

Not sure what to do about it.

[Guest Kaka]

Would anyone else have them just incase im wrong?

Citymain T&C's that is. From onestopphoneshop?

[Guest sponge]

Call them and ask for a copy of their T&Cs

For a full breakdown of your insurance cover, or if you need to claim, please contact Citymain direct on 0870 787 6004.

[Guest sponge]

I found this. I have highlighted the theft clauses. Their terms are very restricting and anyone else with this insurance should seriously consider terminating the contract and seeking comprehensive cover elsewhere.

CERTIFICATE OF INSURANCE

THIS IS TO CERTIFY THAT in accordance with the authorisation granted under Contract CM011 to the Undersigned by the Insurers, and in consideration of the Premium, the Insurers are hereby bound to You for the benefits set out herein, subject to the Terms, Definitions, Exclusions and Conditions specified in this Certificate.  

In witness whereof this Certificate has been signed by  

P Kelsey

CityMain Administrators Ltd

Date of Signature: as show the Inception Date shown in the Schedule

1. THE INSURANCE

Theft, Accidental Damage, and Unauthorised calls following a valid Theft claim.

You are covered against the repair or replacement cost of Your Telephone if it is stolen or accidentally damaged during the Period of Insurance. You are also covered for Unauthorised Calls for up to a period of 24 hours after a valid theft claim to a maximum of £200 including VAT. The Maximum Liability of the Insurer in respect of any one claim will be the replacement cost of the Telephone.

2. DEFINITIONS

The words or phrases described below shall have the following meaning wherever used in this Certificate.

You/Your

The person (or Immediate Family of), company or partnership who has purchased cellular phone insurance as described in this Certificate.

Immediate Family

The Immediate Family shall mean parents, children, brothers and sisters (over the age of 18) permanently residing with You.

Telephone

The hand portable cellular Telephone excluding accessories and car kit as evidenced by relevant proof of purchase or exchange.  

Insurer

Certain Underwriters at Lloyd’s of London.

Administrator

Citymain Administrators Limited, 18 Church Road, Fleet, Hants, GU51 3RH

Limit of Liability

The Insurer’s maximum liability for any claim shall not exceed the maximum replacement value of Your Telephone. In respect of Unauthorised Calls, the limit shall be £200 inclusive of VAT.

Should Your original Telephone no longer be available, the Insurer will replace it with the nearest functionally equivalent model.

Period of Insurance

The Insurance commences at the time of purchase for a period of three months and will continue by periods of one month upon receipt of Your monthly premium. The monthly premium will be collected by Citymain Administrators Limited by Direct Debit.

The Insurance will be terminated immediately if the Insurer does not receive Your monthly premium.

The Insurer reserves the right to cancel this Insurance by giving 30 days written notice.

Territorial Limits

The United Kingdom, The Isle of Man and the Channel Islands, and worldwide for a maximum of 30 days in any one year.

3. EXCLUSIONS

This Certificate does not cover:

1 The greater of

(a) The first £25.00 of each and every claim where the replacement cost of Your Telephone to the Insurer is less than £250 including VAT, or

(:) The first £50.00 of each and every claim where the replacement cost of Your Telephone to the Insurer is more than £250 including VAT, or

© The first £100 of each and every claim in respect of a Telephone on the 3G network.

2 Any theft unless accompanied by a Crime Reference number. Lost Property numbers are not acceptable in support of a Theft claim.

3 Any claim involving theft unless reported to the appropriate Police authorities and the Network within 24 hours of the incident

4 Theft from an unattended vehicle unless the Telephone is completely hidden from view within a locked glove compartment within a fully locked and secured vehicle and violent and forcible entry to both the vehicle and glove compartment has been used. A copy of the repairer's account for such damage to the vehicle must be submitted with any claim hereunder.  

5 Theft of any Telephone from any premises unless there is evidence of violent and forcible entry to or exit from the premises.

6 Theft of the Telephone left unattended in a public place or a place to which the public has regular access.  

7 Theft of the Telephone whilst in or on any form of public conveyance or public place save where the Telephone is taken from You by actual or threatened force.

8 Mysterious disappearance of the Telephone.

9 Any losses or consequential losses arising from not being able to use the Telephone.

10 Any claim arising from abuse, misuse or neglect.

11 Unauthorised Calls unless associated with a valid theft claim.

12 Wear and tear or gradual deterioration of Telephone performance.

13 Routine maintenance adjustment or servicing.

14 The VAT element of any claim if You are registered for VAT

15 Theft or accidental damage to the Telephone whilst on loan to any third party.

16 Theft or accidental damage to any additional equipment or accessories including but not limited to carrying cases, battery chargers, hands-free mounting kit or external antennae.

17 Damage to or malfunction of the Telephone caused by or attributed to the operation of a software virus or any other software based malfunction.

18 Theft of SIM or PCIMA cards

19 Any consequential loss whatsoever.

4 GENERAL EXCLUSIONS

1 Any legal liability directly or indirectly caused by or contributed to or arising

from:

a. ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.

b. the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.

2. Any loss or damage or liability directly or indirectly occasioned by, happening through or in consequence of war, terrorism, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.

3 Any damage directly occasioned by pressure waves caused by aircraft and other

aerial devices travelling at sonic or supersonic speeds.

5 GENERAL CONDITIONS

Cancellation

Each Party is entitled to cancel the insurance at any time on not less than 30 days prior notice to the other.  

Replacement Equipment

Should You purchase a new Telephone You must advise the Administrator of the make, model and IMEI number of the new Telephone. This must be supported by an official purchase invoice showing these details.

Reasonable Precautions

You are required to take all reasonable precautions at all times to protect the Telephone against theft or damage.

Fraud

If You make a claim, it may prejudice such claim if any information You supply is false, fraudulent or otherwise incorrect.

Claims

In the event of any incident that may give rise to a claim, You must follow the Claims Procedure detailed below and ensure you return your completed claim form to the Administrator in any event within 30 days of the claim.  

Law

The Parties are free to choose the law applicable to this Insurance Contract. Unless specifically agreed to the contrary this Insurance shall be subject to English Law.

CLAIMS PROCEDURE

IMPORTANT: IF YOU ARE NOT IN POSSESSION OF THE Telephone CONTACT YOUR AIRTIME PROVIDER TO PLACE A CALL BAR ON THE Telephone.

Please comply with the following procedures to obtain authorisation with the minimum delay. Failure to observe these procedures may invalidate Your claim.

Theft Claims

Immediately notify the appropriate Police authority and obtain a Crime reference number and a copy of the Police Crime report.

Contact the Administrator on 0870 787 6004 You will be sent a claim form. Complete the claim form FULLY and return to the Administrator in accordance with their instructions, and in any event within 30 days of the claim, together with any requested supporting documentation including:  

· Excess payment

· Police Crime Reference Number

· Any other requested documentation.

· Proof of forcible entry

The Administrator will assess Your claim, and providing Your claim is valid, will authorise the replacement of the Telephone as appropriate.

Accidental damage Claims

Contact the Administrator on 0870 787 6004 within 48 hours.

DATA PROTECTION ACT 1998

It is understood by You that any information provided to the Administrator and the Insurer regarding You will be processed by the Administrator and the insurers, in compliance with the provisions of the Data Protection Act 1998, for the purpose of providing insurance and handling claims, if any, which may necessitate providing such information to third parties.

CLAIMS SERVICE

It is always the intention to provide You with a first class service when you make a claim. However, if You are not happy with the service please in the first instance write to the Managing Director of the Administrator. If you are not satisfied with the response you may then ask the Complaints Department at Lloyd's of London 1 Lime Street, London EC3M 7HA to review your case and ultimately you may contact the Financial Ombudsman Service South Quay Plaza, 183 Marsh Wall, London E14 9SR.

[Guest Kaka]

Yea thats what they sent me recently. I really dont remember ever getting that before now.

Only thing i remember is a letter confirming Direct Debit Details etc.

Not sure if i can do anything about it, Would it matter if i never recieved these because i really dont remember ever seeing these?

Or am i just screwed?

Kaka

[Guest sponge]

Well it depends on the exact nature of your loss. You haven't told us exactly what happened.

If you signed a form agreeing to their T&Cs I don't know if there's much you can do. Best bet is to seek advice from the CAB or take advantage of one of those 'first consulation free' Solictors.

On a side note - I have seen clauses stating items have to be out of view, in the boot, or glovebox for example. Some say the glove box has to be locked. My glovebox doesn't have a lock!

[Guest Kaka]

What happened was,

I was a a birthday bash for my brothers girl. Was going out dancing so i put my phone in my coat along with some money. (E200 a little big for my pocket while dancing)

Wasn't till bout 30 mins later i went back to get my money to get a round of drinks that i noticed my coat was gone.

Searched the area and went to the manager who checked if anything was handed in etc.

No sign at all.

Checked again all over the place, still no sign.

Reported it to the police within 30 mins, Rang orange early next morning and got IMEI Blocked.

First thing monday morning i rang citymain. Girl on the phone was so nice and polite. Took all the details of what happened and never mentioned this clause. Seems strange to me that she would start processing it without knowing the details of the T&C's herself. At this point she said she would send me a form to sign and as soon as they recieved it back a new phone would be arranged.

So i got the form. Filled it in. Sent the cheque for £50.

A few days later i got a letter saying this isn't covered abd they attached the T&C's that you have already highlighted.

Spoke to them on the phone and they pretty much said tough luck pal..

Pretty much screwed then?

Kaka

[Guest sponge]

6 Theft of the Telephone left unattended in a public place or a place to which the public has regular access.

It's this clause they have you on.

Do you have any other insurance, eg home contents, that might pay out?

Moral of the story:

Don't leave anything unattended.

Check the cover/T&Cs before taking out insurance. (Might get better cover elsewhere.)

Check conditions before filling in the form to make sure you're claiming against a covered risk (Even if you have to 'bend' the truth to fit.) :)

I'm trying to think how the situation could be recovered, but can't. Maybe if you had left the coat in a cloakroom? Might have had a claim against the establishment? Heh, knowing them, they'd have T&Cs removing them from any accountability if items go missing whilst in there. This is all academic now though. :lol:

[Guest Kaka]

Guess im hammered then :cry:

Anyone got a nice smartphone for sale. Cheap?

[Guest Kaka]

non of you people who got the C500 wanna sell an E200 to me for reasonable money? Please :)

[Guest SimonRobinson]

non of you people who got the C500 wanna sell an E200 to me for reasonable money?  Please  :)

Wrong forum, but I have a E200 for sale, due to upgrade. I upgraded only three weeks after having my old E200 replaced on Orange Care, so it's pretty much mint condition.

All extras included, make me an offer via PM.