Legal Expenses Insurance Claim comes with Home Insurance

18
Posted 24th Sep
I am working as a supply teacher and got "Mortgage Protection cover" with the mortgage. Since many years, my claim for "Mortgage Protection" was approved as I wasn't having any work at summer time.
This year 2019, they have refused my claim on the bases of "Awareness of Employment Ends" according to them it's a part of Terms & Conditions. I complaint against the decision but they refused it as well.
I am having "Legal Expenses Cover" through my Home Insurance. I rang them to pursue against "Mortgage Protection" company. Surprise, they are having their own Terms and Conditions ("The contract has been made before bought the insurance policy").
I will appreciate if someone guide me. What legal action, I can take against them please?
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18 Comments
Can you clarify if your current contract is for a fixed-term, does it have an end-date?
PERSONALLY I'd say that its right they've not paid out (sorry) and that I'm amazed they have done previously. Its the downside of supply teaching that you dont work in holidays BUT you do get the holiday percentage pay monthly to cover that and also a supposed increase in daily rate to allow for it.

I suppose you could go to Ombudsmen about issue, but, being honest I dont think you have a claim.

Disclaimer: teacher here who organises staff cover
Amazed as well that they've paid out previously too!
IamMT24/09/2019 20:09

Can you clarify if your current contract is for a fixed-term, does it have …Can you clarify if your current contract is for a fixed-term, does it have an end-date?



As a "Supply Teacher" the contract will end if or when the job will finish. As far as I understand, contract is for the whole year but only starts when there will be a work. There is no guarantee of the job/work, it can finish early as well.
KB9024/09/2019 20:24

As a "Supply Teacher" the contract will end if or when the job will …As a "Supply Teacher" the contract will end if or when the job will finish. As far as I understand, contract is for the whole year but only starts when there will be a work. There is no guarantee of the job/work, it can finish early as well.



As others have said, I don't think you would qualify for the cover given the casual nature of your employment. Sorry.
In other words, the cover wasn't suitable for this type of job and they have realized after PPI complaint dead line ended.

Thanks, I will try Ombudsmen as well and will take every legal action against this decision.
Take whatever legal action floats your boat against both organisations. General consensus appears to be that it would be a waste of time.
KB9024/09/2019 20:43

Thanks, I will try Ombudsmen as well and will take every legal action …Thanks, I will try Ombudsmen as well and will take every legal action against this decision.


Good luck but I really dont think you will get anywhere at all.

You may want to check to see if this is a policy which renews yearly as they could have updated the T&C's upon last renewal to add this clause in.
The only recourse I can think of is that as a supply teacher you aren’t suitable for the mortgage protection product (in effect you can never make a valid claim as your employment isn’t permanent, which the insurance product is designed for). You could then argue the mortgage protection had been mis-sold. But I’m not sure how that would affect the fact you have had payments out.
If they have made payments in previous years then you might complain to the ombudsman that they have paid out previously in identical circumstances and so challenge their decision, but as others have said I think actually your claim for payment is pretty shaky
I can only surmise that the mortgage protection policy was sold to you when you were on a full time contract in the past ? Would explain why it paid out previously .

Could it be that you haven't informed them of your contract change ?
Edited by: "rogparki" 24th Sep
KB9024/09/2019 20:43

In other words, the cover wasn't suitable for this type of job and they …In other words, the cover wasn't suitable for this type of job and they have realized after PPI complaint dead line ended. Thanks, I will try Ombudsmen as well and will take every legal action against this decision.


You haven’t got a hope in hells chance and it’s going to cost you lots to try and take this to court.

Mortgage protection is only really for redundancy situations or sickness, you are not redundant when you take a fixed term job under 2 years and you are t sick either. So no claim. I’d actually say that it could be argued by trying to claim you are committing fraud.
Edited by: "cmdr_elito" 24th Sep
cmdr_elito24/09/2019 23:27

You haven’t got a hope in hells chance and it’s going to cost you lots to t …You haven’t got a hope in hells chance and it’s going to cost you lots to try and take this to court. Mortgage protection is only really for redundancy situations or sickness, you are not redundant when you take a fixed term job under 2 years and you are t sick either. So no claim. I’d actually say that it could be argued by trying to claim you are committing fraud.


Whenever I raised the claim, I have given them right information (Supply Teacher, reason to finish work was School's closed no work available). I don't think so it was count as a fraud.
Also in the contract it says that I can claim again after continuous 6 months work.
KB9025/09/2019 07:46

Whenever I raised the claim, I have given them right information (Supply …Whenever I raised the claim, I have given them right information (Supply Teacher, reason to finish work was School's closed no work available). I don't think so it was count as a fraud. Also in the contract it says that I can claim again after continuous 6 months work.


If your given a zero hours contract that wouldn’t be classed as continuous work irrespective of the work you have been given.
I'd cut your losses before they realise they shouldn't have paid previous claims and try to get it back
chocci25/09/2019 09:25

I'd cut your losses before they realise they shouldn't have paid previous …I'd cut your losses before they realise they shouldn't have paid previous claims and try to get it back


They already told that they are not taking previous claims into consideration as it was agreed by their-self.
KB9025/09/2019 14:37

They already told that they are not taking previous claims into …They already told that they are not taking previous claims into consideration as it was agreed by their-self.


They do have the right to claw back in the event you are being unreasonable (which you clearly are now)
chocci26/09/2019 06:30

They do have the right to claw back in the event you are being …They do have the right to claw back in the event you are being unreasonable (which you clearly are now)


I've been never lied with them. I filled the claim form with the right details (Supply Teacher + Temporary work).
Just out of interest how much were you paying each month and how much where you claiming on each occassion?
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