My lawnmower has been stolen from our garden shed. The insurance company say it should have had a lock on the door so won’t pay up. Is that right? J.J. Ilfracombe
Consumer lawyer Dean Dunham replies: While many home contents insurance policies do include coverage for sheds and other outbuildings located on your property it is always advisable to check the policy terms carefully. Policy wording can vary drastically between insurance firms and as I always say, ‘if an insurance provider can wriggle out of a claim it will.’ so its vital that you understand what the terms say.
If your shed isn’t properly secured, some insurance policies won’t cover items such as mowers
When reading the policy you need to look out for the exclusions and what you will not be covered for. With items inside sheds and other outbuildings the usual exclusions are high value goods and where you have failed to adequately ‘secure’ the shed or outbuilding. So here, if your policy terms state that you will only be covered for theft from your shed if it was adequately secured/locked, there is probably nowhere you can go with this.
As well as reading the terms yourself, my advice is that you ask your insurance provider which clause in their policy terms they relied upon to reject your claim. If they cannot point to a specific term you have grounds to complain. If they can point to a specific term your next question is to ask when the particular term was brought to your attention prior to commencement of the policy or how was it made prominent. The Consumer Rights Act 2015 therefore provides that ‘key terms’, such as exclusions in a contract, must be made prominent so that the consumer knowns exactly what they are signing up to.
When the Consumer Rights Act came into force in October 2015 this was catching out the likes of insurance providers, but most are now savvy to this and do indeed make such terms prominent; but it’s still worth considering the point. If you cannot get the issue resolved with the insurer and you still you believe you are in the right after it has responded, you can lodge a claim with the Financial Ombudsman Service.
Can I return a dress if it was a discounted item?
I had money off a dress I bought because there was a small stain on the hem. I now want to return it because it doesn’t fit, but the shop says it will not accept the return of discounted items. What can I do? C.D. Leeds
WHEN you purchase the dress in store at the traders usual place of business, consumer laws do not provide you with any automatic rights to return the goods unless they are faulty. Instead, the trader is free to decide its own returns policy and the only legal requirement is that it tells you (verbally or within its terms) what its returns policy is. So here, if the retailers returns policy says it will accept returns, in relation to non-faulty items, unless you purchased at a discount, there will be nothing you can do. However, if the policy says it will accept returns and fails to exclude discounted items, you will have the right to return the dress.
If you had purchased online or from anywhere other than the retailer’s usual place of business, such as a pop-up shop or exhibition (referred to in law as goods purchased ‘at a distance’) the position would be different. This is because thanks to a law known as The Consumer Contracts Regulations, consumers have the automatic right to return goods purchased online. That means no questions are asked, even when the goods are in perfect condition and therefore not faulty on certain condition. You must notify the retailer within 14 days of delivery and then return the goods within another 14 days. You must return the goods in a saleable condition and the goods must not be bespoke or perishable. You cannot return goods if there are health ramifications (if you have tried the goods on such as earrings/swimwear/underwear). Of note here, you have this right with goods purchased at a distance even if they were discounted.