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On 15/8/2016 we changed Home and Contents insurance policy…

On 15/8/2016 we changed...

On 15/8/2016 we changed Home and Contents insurance policy to Allianz and we have never missed a premium payment. We are covered for storm, rainwater or run-off amongst other events. On Saturday 24th March 2018 we had a freak storm in which 35.5 mm of rain fell in 30 minutes. We have a sun-room at the back of the house and the water came gushing through like a shower. The carpet was saturated as well as the ceiling. I contacted Allianz immediately to lodge a claim. Paul Buck from "Specialised Cleaning and Restoration" who removed the carpet and put in a number of big fans to help dry the floor and ceiling. An assessor (Luke Stanley) from Stanley Plumbing came out on 3/4/18 and submitted his report to Jack McKay, another assessor. On 5/4/18 Jack McKay advised that our claim had been rejected. I have a copy of the report from Luke Stanley, and some of his reasons for rejection have nothing to do with the Sun room and some are completely incorrect. I welcome your advice. John Rowe

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

We live at***** Coldstream, Victoria

Lawyer's Assistant: What steps have you taken so far?

I spoke to Jack McKay and that was when he forwarded me the copy of the report.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There were others in the area who were affected, one in a positive way in that he had an empty 10,000 litre water tank that was filled in the down pour. One resident of Mercer Court had his freshly laid gravel driveway washed into the gutter. Fortunately he was able to shovel most of it back.

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Answered in 5 minutes by:
4/16/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,564
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Customer reply replied 4 months ago
I look forward to your response.

You will have a claim under the Australian Consumer Law based on the facts that you have described. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2.

All sellers warrant that goods or service are acceptable for their use/service.

Goods:

a. Goods must be of acceptable quality

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.

Services:

a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

Seller has several options they can provided where goods or services have not meet the requisite standard. The seller can either repair, replace, refund, compensation, and cancel the entire contract.

What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be be numbered with points 1, 2, 3, etc. with each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 7 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 7 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in VCAT.

You can lodge this claim directly on their website. The key element of the claim is the points claim that details the matter, This application point will need a little time to prepare the facts, and I recommend that you download the application first, review, fill it out, and then when you are ready lodge the same online

You may also have a claim of misleading conduct by the seller, under section 18 of the Australian Consumer Law. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

The contractor cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Would you like to try this option of the complaint first.

You have a legal right to protect your interests in this important situation.

If you need any further information please let me know.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

Have I answered your question today ?

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,564
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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