My lawn mower was stolen from our garden shed. The insurance company says there should have been a lock on the door, so they don’t pay. Is that correct? JJ Ilfracombe
Consumer advocate Dean Dunham responds: Although many home contents insurance policies provide cover for sheds and other outbuildings on your property, it is always advisable to check the policy terms carefully. Policy wording can vary drastically from insurance company to insurance company, and as I always say, “If an insurer can avoid a claim, it will.” So it is essential that you understand what the terms say.
If your shed is not properly secured, some insurance policies will not cover items such as mowers
When reading the policy, pay attention to the exclusions and what you are not covered for. For items in sheds and other outbuildings, the usual exclusions are goods of high value and where you have failed to adequately ‘secure’ the shed or outbuilding. So if your policy conditions state that you are only covered for theft from your shed if it is sufficiently secured/locked, you probably have nowhere to go.
My advice is that you not only read the terms yourself, but also ask your insurer which clause in their policy terms they relied on to deny your claim. If they can’t point to a specific term, you have reason to complain. If they can refer to a specific term, your next question is when the specific term was brought to your attention before the start of the policy, or how it was brought to the fore. The Consumer Rights Act 2015 therefore states that ‘important terms’, such as exclusions in a contract, must be prominently displayed so that the consumer knows exactly what he is signing up for.
When the Consumer Rights Act came into force in October 2015, it attracted the attention of insurance companies, but most are now wise to this and indeed make such terms prominent; but it is still worth considering the point. If you cannot resolve the problem with the insurer and after the response you still believe that you are within your rights, you can file a claim with the Financial Ombudsman.
Can I return a dress if it is a discounted item?
I had money from a dress I bought because it had a small stain on the hem. I want to return it now because it doesn’t fit, but the store says it doesn’t accept returns on discounted items. What can I do? CDLeeds
WHEN you purchase the dress from the shop at the trader’s usual place of business, consumer law does not automatically entitle you to return the goods unless they are defective. Instead, the merchant is free to set their own returns policy and the only legal requirement is that they tell you (orally or within the terms) what their returns policy is. So if the retailer’s returns policy says it accepts returns, covering non-defective items, there’s nothing you can do unless you bought at a discount. However, if the policy states that returns are accepted and discounted items are not excluded, you have the right to return the dress.
If you had purchased online or somewhere other than the retailer’s usual place of business, such as a pop-up shop or an exhibition (called goods ‘purchased at a distance’ in the law), the situation would be different. This is because consumers automatically have the right to return goods purchased online, thanks to a law known as the Consumer Contracts Regulations. This means that no questions will be asked, even if the goods are in perfect condition and therefore not defective under certain conditions. You must notify the retailer within 14 days of delivery and then return the goods within a further 14 days. You must return the goods in a resalable condition and the goods must not be custom-made or perishable. You cannot return goods if there are health consequences (if you have tried on the goods, such as earrings/swimwear/underwear). Please note: you have this right for goods purchased remotely, even if they were purchased at a discount.