Rebecca O'Connor, Troubleshooter
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Clerical Medical has erroneously deducted a £295.05 market value reduction (MVR) after the encashment of our Sovereign With-Profits Bond. Its annual statement says: “For most policies, there is currently no MVR. MVRs only apply for some investments made between 1998 and 2000 inclusive.” My bond start date was January 12, 2001, so no deduction should be applicable.
DESMOND DUFFY, Morpeth
Troubleshooter won back your money, but it was a pretty tough battle. You received the annual statement leaflet to which you refer on January 18. Clerical Medical subsequently changed the rules on which policies could attract MVRs, to include those in the first quarter of 2001, on February 1.
The new rules should have dragged your policy into the MVR category, except that, fortunately, you sent a request to encash the bond dated January 31 - the day before the rule change. Clerical Medical did not receive this until February 4, so could technically refuse your request.
But Troubleshooter argued that it was misleading of Clerical Medical to send out information to you that it knew was about to change to your detriment in two weeks' time. Given the mitigating circumstances, it has sent you a cheque for £300 as a gesture of goodwill.
I have a shared-equity mortgage with Nationwide Building Society. The mortgage is subject to a lower level of interest in return for Nationwide receiving 48 per cent of the increase in the value of my property. But the terms of the mortgage also state that any improvements made that increase the value will be solely mine.
In August 2006 Nationwide agreed that the value of the property was £230,000 and the improvements £41,000.
I am now selling, so had the property revalued. it is now worth £270,000. One would reasonably assume that the value of the improvements had increased proportionately, but the report states that they are now worth £20,000. If Nationwide agreed that the value of improvements was £41,000 in 2006, it should agree that their value now should be £48,130.43 - a proportionate increase. By its calculations, Nationwide has increased its share from £57,480 to £86,760.
DAVID STONE, London
When Troubleshooter began investigating your case, Nationwide said that the original valuation came from a surveyor that it had appointed. It then changed the story, saying that the value of the improvements had come from your own estimate that its surveyor had mistakenly accepted.
Either way, the most it would offer was a second opinion free of charge. You were reluctant, feeling that an appeal to the Financial Ombudsman would be more fruitful. You had made a lot of life-changing decisions on the back of the first valuation, including to have a third child, to delay moving, and save less.
One lawyer that Troubleshooter consulted believes that you may be able to claim that you suffered economic loss because of negligent mis-statement by Nationwide. Another said that your best bet would be a new survey, as the real value is likely to be between the two.
Eventually, you applied to the ombudsman and accepted the second survey, which valued your home at £265,000 and the improvements at a more reasonable £30,000. You feel comfortable with this and will proceed with moving house because, if the ombudsman's judgment is in your favour, it will offer compensation retrospectively.
In September 2006 our front garden wall was damaged by workmen laying cables for Haringey council in North London. We initiated a claim with Halifax Insurance but as we had already made two claims that year, we were told that we would lose our no-claims bonus.
We were encouraged to make our case against the council, which we did. But when the case went to court, the Halifax legal advice team said that we should have claimed through the buildings insurance for accidental damage. We had another visit from a loss adjustor, and were told by letter that we had no claim.
We have asked Halifax to tell us why we were not insured - as our buildings cover includes accidental damage - and why it has taken two years to tell us. This is causing anxiety and stress as my wife and I are separating and this affects the sale of our house.
CHRIS BANNERMAN, North London
Sometimes, there is nothing more to say than “sorry” and “here is your money back”. This is exactly what Halifax has done. It has also waived the £100 excess and agreed to pay an extra £200 in compensation.
To tell us your problems, visit timesonline.co.uk/troubleshooter or write to Troubleshooter, Times Money, Times House, 1 Pennington Street, London E98 1TB
Readers to the rescue
“In March, I bought a fridge shelf for £22.37 from Interspares. It arrived, but was faulty. I sent it back and asked for a replacement. I have heard nothing since then and cannot get through to the company. What can I do?”
FRANCES HORSLEY, Hove, East Sussex
“Go on the internet, find the trading standards office local to the company and send it an e-mail. It will take up the case with quick results,” says Bryan Dewrance, of Middlesex.
Rose Janes, of Monmouth, has a similar idea: “Visit your local Citizens Advice Bureau. It will write a letter on your behalf, quoting all the legal jargon. Second letters are rarely needed as a business will respond quickly. There is also no charge.”
Meanwhile, Gail Sterry, of Lechlade-on-Thames, Gloucestershire, found the Interspares phone number, e-mail and company addresses, which might help. She adds: “If you still do not receive an answer, check with Companies House.”
Caroline Gardner, of Godalming, Surrey, wins this week's £25 voucher with the response: “If you paid by credit card, contact the card company and cancel the payment. If you used PayPal, let it know what has happened. Never pay by debit card online. Phone the spares company and tell it that you have had a letter published in The Times - that should gee them up. Try ESpares and Partmaster for appliance spares.”
Or give up on the shelf, says John Otway, of Hereford, and “use the freed-up space for tall bottles”.
Can you help? E-mail troubleshooter@thetimes.co.uk with your answers to the following problem for a chance to win a £25 gift voucher.
“I bought a Panasonic hard-drive DVD recorder via Amazon.co.uk in November. It worked perfectly, then I went abroad for ten weeks. When I returned, it stopped working after a fortnight. I e-mailed Amazon, which said that it had no order number matching mine. I sent in everything else, including invoice numbers, but have heard nothing. Any suggestions?”
RICHARD SCHOFIELD, Barnstaple, North Devon
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