Esure Don't Get Done Get Dom


Esure

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Transcript


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I've been battling your consumer rights for years, but some companies still aren't getting the message.

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The main aim and goal for big companies is profit.

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They don't care about the customers.

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Day in, day out, thousands of you are still being taken for a ride,

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and it's always the same old things -

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shoddy products, small print and bad customer service.

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They use words which an ordinary person wouldn't understand.

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Some firms are driving you barmy, causing you sleepless nights

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and making you feel like you're the one to blame.

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But don't despair,

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cos I'm here to take up the fight to make sure that you don't get done.

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Coming up on today's show...

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all that glitters is gold.

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Unless, of course, it gets stolen

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and your insurance company refuses to pay out.

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We were just gutted, this is how the insurers were treating us,

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you're left in the lurch, high and dry.

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How one woman's kitchen calamity turned her into a consumer champion.

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My blood was rising, and I thought,

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"I'm going to have to take them to court."

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And my team hits the streets

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to find out how consumer savvy you really are.

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I'm wrong! I thought I might be on that!

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Most of us have got insurance. "Why?" I hear you ask.

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Well, should our valuables

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be lost or stolen, you can make a claim on your policy.

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And you should get the cash - lovely -

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to buy replacements.

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But be warned, because not every insurance claim has a happy ending.

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And one Bradford-based couple know this only too well.

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Meet Sadiq Ali, a hardworking family man, and his wife, Mohima.

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When it comes to insurance, Sadiq is no slouch.

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He makes sure that he has building and contents cover

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to protect his family from loss or damage.

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At least you know then that if lightning strikes or whatever,

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that you won't be on the street, you won't be homeless,

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and your goods and things will be replaced.

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Like a lot of people,

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Sadiq completed his renewal questionnaire online.

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He chose a total of £30,000 worth of cover in August 2010

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with insurance company esure.

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So far, so good, but what about expensive individual items

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such as Sadiq's wife's jewellery? Would that need extra cover?

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I think there was a question there, something about,

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"Do you have any particular items, high risk,

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that are worth more than £1,500?"

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Certainly, for our jewellery, we didn't think anything was worth

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more than that, so we just put "no" for that question.

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As far as we're concerned, once we completed the process

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and it's done and it's paid for, that's it.

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I think, "That's it, I'm covered."

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But Sadiq's newly-bought peace of mind was about to be shattered,

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and the family thrown into turmoil,

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when they arrived home after an enjoyable Sunday out to find that

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thieves had broken into their home and turned it upside-down.

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They'd been through the bedrooms, all the drawers,

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under the mattresses, behind the picture frames.

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They'd literally ransacked the whole house, from top to bottom.

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It was a bitter blow, and obviously hit the family hard.

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You just felt sick to your gut, really, that somebody had

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invaded your home, gone through your personal belongings.

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The thieves had been heart-breakingly thorough,

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and had stolen everything of value.

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Including the boys' games consoles, family laptops and,

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most upsettingly of all, Sadiq's wife Mohima's precious collection

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of gold jewellery.

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The one thing that helped to keep up the family spirits was

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the thought that at least they were insured.

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We thought, obviously, "That's it, hopefully everything'll get replaced

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"and it'll compensate for the event that's happened."

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But despite assurances from their insurance company, esure,

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that their claim would be processed within ten days,

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the family was left hanging on for nearly five and a half months

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until finally the company came back with a bombshell.

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They turned round and said to us, "Sorry, we're voiding your insurance

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"from the inception date because you're underinsured."

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Crikey, that's harsh.

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esure had stated that the value of Mohima's gold jewellery was

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way above the amount Sadiq had quoted -

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therefore he was underinsured.

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But voiding his insurance policy meant that the company had

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washed their hands of any responsibility to settle his claim.

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This was a cruel knockback.

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We were just gutted, this is how the insurers were treating us,

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left in the lurch, high and dry.

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It sounds to me as though they've been done over by the burglars

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and now, potentially,

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they'd been done over by their insurance company.

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A double whammy, or what? Which is why...

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I've come to Bradford to meet Sadiq and Mohima.

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I can tell you what, it's beautiful, but it ain't half cold.

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They've been burgled, put a claim in with their insurance company.

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For one reason or another, they're not getting a payout.

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I'm here to find out why. They're in a bit of a pickle, really.

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-Right, Dom, this is my wife, Mohima.

-Lovely to meet you.

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I've never been burgled, but the thing that must be

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one of the most upsetting elements of it is

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the violation of your personal space.

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How did you feel about that?

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Especially you,

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-being a mum and worrying about the kids and things.

-Devastated.

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I think for a few days after we did get burgled,

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every time I'm in the kitchen,

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I were looking out the window, and if I saw someone going by,

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especially a young lad or something, I thought, "They've come back."

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The robbery clearly struck at the very heart of the family,

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and nowhere more so than the theft of Mohima's jewellery.

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How personal was all that stuff?

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Very, cos my husband bought it over the years.

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And at that time, you weren't working.

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The first job you got, so with your first wage. You had to save.

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It'd be nice, I think it'd give my wife the confidence again

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and happiness inside...

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-Yeah.

-..to be able to replace it, but obviously we can't afford to.

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And that's exactly where you'd expect your insurance company

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to come to your rescue.

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Sadiq bitterly remembers those first few days

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after originally putting in the claim.

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The impression they gave me was that it would be fairly simple,

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straightforward, that they would look at processing our claim

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and paying for our losses.

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However, in the weeks and months after their claim,

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esure informed the family that they were voiding their policy,

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and it all came down to the fact that

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Mohima's gold had soared in price,

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way more than Sadiq had ever thought possible.

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esure told them they had been grossly underinsured.

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What esure turned around and said was that,

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because the jewellery was worth about £13,000,

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instead of what we thought it was, about 4,000,

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that meant that they only allowed 10,000 for your high-risk items,

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and jewellery's classed as high-risk.

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So they said, because jewellery's 13,000,

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it goes over the one third that they allow,

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so they said they wouldn't have covered us,

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had they known the true value of our high-risk items.

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Right, now, you just said there that

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you thought your gold jewellery was worth about four grand-ish,

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but they said it's now worth 13,000. There's a huge difference there.

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You presumably were originally only expecting four grand back, were you?

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Yeah.

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What have they done, then?

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By the sounds of it, they've valued your gold probably by its weight

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and at today's market value.

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And there lies the problem. The very nugget of the issue.

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Sadiq bought the last of

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his wife's jewellery five years ago. At that time,

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he thought all her jewellery was worth just over £2,000.

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The price of gold has rocketed since then,

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making the jewellery now worth a whopping £13,500.

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Did you not think about renewing or having it valued and getting it

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up to date so that people... you knew what it would cost to replace it.

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We didn't think it'd jump that much.

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We doubled it, and that's what we thought it was worth.

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We did, we thought, "Yeah, it's worth probably double what we paid for it."

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-That's purely just you guessing, isn't it?

-Yeah.

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Sadly.

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So, the insurance company have got, technically,

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a bit of an argument there, haven't they? You were underinsured.

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Now, one of the things which insurance companies have to do,

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they have to look at whether somebody -

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namely you, their client -

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has been negligent or dishonest, or, basically,

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you just made a small mistake and you weren't aware of it.

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They've obviously assumed for some reason that you haven't made

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a small mistake and they're going to allow you to get away with it -

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they've looked at this and thought, "No, you haven't done it right -

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"your problem, we wouldn't have insured you."

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They did say in the letter that they accepted that we weren't deliberate

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in how we misrepresented the value of the jewellery.

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They accepted that, but they said,

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regardless of that, it was negligent of us not to know the value.

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As far as you can remember, have esure ever said to you,

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"You might be underinsured because the value of gold has gone up -

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"get any jewellery, any valuable items reinsured, revalued"?

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No, nothing like that.

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Sadiq clearly did everything he thought

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he should to be able to claim on his insurance,

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and although I never would have expected a big insurance company

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to have a heart of gold, I would certainly expect them to play fair.

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Not only were esure refusing to pay out on their gold,

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computers and their sons' game consoles,

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their decision to void the policy has had even worse ramifications.

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-All of a sudden, you've got nothing now.

-Nothing.

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What other knock-on effects has that had?

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Well, the fact that they voided us means that we have to tell

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other insurers, and I've been out to try and get other insurance

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for the building and the contents and people say no.

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The insurers will quote you,

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but when you tell them that you've been voided,

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the underwriting department refuse to provide cover.

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-Ouch. Not looking good, is it?

-No.

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You can say that again.

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esure has not only left Sadiq and his family uninsured,

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but what's worse, uninsurable.

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While I get on their case to see if esure could have done better

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and get them to look again at his claim,

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I've asked Sadiq to do some research.

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The ballooning price of gold is

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clearly one of the areas to investigate, so I've asked him

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to find out the price of gold per gram today,

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the price when the policy was taken out

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and also the price when Sadiq bought the jewellery,

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so that I can get a grip on what's been going on.

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By calling me in, what were you hoping to achieve by this?

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We were hoping that you could fight our cause

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and get the insurers to at least reinstate our insurance.

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I can't make any promises. You know that.

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I don't know if there's any areas there

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which I can find out and dig out

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and try and improve on.

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The insurance company might be 100% right,

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-but I'll certainly have a good try for you.

-Mmm-hmm.

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People have this impression that insurance companies do

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everything within their power to avoid paying out.

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I don't believe that. I think as long as you've done your job,

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insurance companies will pay out.

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In this case, though, Sadiq and Mohima have got a bit of a problem.

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There's things in there which aren't quite right,

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and as a result of that, they're not getting paid out,

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and they've lost a lot of valuable equipment.

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It's a bit of a mess, but I'm going to do everything I can

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to see if I can to get that ruling overturned.

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Now, before I get stuck into this case,

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it always pays to find out just what I'm dealing with.

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esure was founded in 2000

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as an internet and telephone-based insurance company

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with just 50 staff, and within less than five years became

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one of the fastest-growing insurers in the UK.

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Well known for their high-profile marketing campaign,

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spawning the phrase, "Calm down, dear, it's only a commercial,"

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esure's stated goal is to offer superior service.

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I think it's high time I put that to the test.

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Right, Sadiq's claim may have been stopped - let's see

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if we can start it again.

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'So, superior customer service, eh? Let's find out.

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'I get put through to esure's claims department.'

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My name's Dominic Littlewood, I'm calling from the BBC.

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It's about a policy claim that's going through with esure

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at the moment, and I just wondered

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if I could speak to somebody about that.

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'After handing over Sadiq's policy details and explaining that

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'I'm now on the case and have Sadiq's permission

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'to handle it exclusively,

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'they say they'll have to get someone to call me back.' Bye-bye.

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Not a particularly helpful first call,

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but sometimes you mention your name and people go, "Ooh, scared."

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Anyhow, I've got some details there,

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but I've got to start faxing over details to them.

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Not a great start, but at least it's under way.

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But will this case come crashing down even before I can build it up

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when esure drop a bombshell?

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'There is absolutely no two ways about it,

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'he did not tell us the truth about what was in his house.'

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Now, consumer law can be very confusing.

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You've got your Sales of Goods Act, distance selling,

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right to return - I could go on, but knowing just a few of these laws can

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save you not only money but a lot of hassle as well.

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My research team have been out on the streets,

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armed with questions to put to you, the buying public, to find out

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if you know your consumer rights from your consumer wrongs.

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Today, we've hit the shopping centres

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in our quest for spreading knowledge.

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The first question for you lot...

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"While in the shop, another customer carelessly knocks a heavy item

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"onto your feet, hurting you quite badly.

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"Who's responsible for the accident?"

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The other customer.

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If the store's not at fault at all,

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then the customer would be responsible.

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I'd say the customer.

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I think I'm wrong now. I think the store are liable,

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cos I think they're always liable, that's why they have insurance.

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Correct. But only one out of three, though.

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Yeah, the store are always liable.

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The shop has a duty of care

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to ensure the safety of everyone on the premises.

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Supervisors and managers have an obligation to deal with

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inappropriate behaviour by its customers.

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The shop is liable if the trip, slip or fall could have been prevented.

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Staying in the stores, next up, the wrong size.

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"You return a jumper to a clothes store and it's the wrong size.

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"The shop assistant tries to give you vouchers but you prefer cash.

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"Can you insist on a cash refund?"

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I imagine, again, it depends on the small print on the receipt.

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It's a difficult one.

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If you paid cash for it, yes, they should pay cash back.

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I said if you've got the receipt...

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If you've got the receipt, yes, you can.

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-Oops. Three out of three wrong.

-Really?

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Really indeed.

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The retailer is well within their rights to give you vouchers

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to spend in store because the onus is on you

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to make sure that the item fits before leaving the premises.

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The shop may refund in cash,

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but this would be a goodwill gesture on their part.

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-So, try it on before you leave?

-Yeah.

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Good thinking!

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Too right, sir. And finally, the dodgy dongle.

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"You have wireless internet coverage on your laptop through a dongle.

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"When you move house, you can't get internet coverage

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"in the new location. You cancel with the provider

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"but they bill you for breaking the contract and they charge you."

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No, cos it's their fault if you don't get service in their area.

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I'm not too sure. I think they could charge you

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if you're still under contract,

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because you can't break the contract until a certain date.

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If you tell them that you're going to move, then they should make sure

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that you can still receive it from where you are,

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where you've moved to.

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-If not, then they shouldn't be able to bill you.

-Two out of three wrong.

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I'm wrong? I thought I might be on that!

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I'd have tried to wiggle out of it, anyway!

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If you sign a contract, you're obliged to pay for the duration

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of this contract, even if you move out of the service area.

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If you're ending a contract early, you may have to pay the sum

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totalling the remaining payments to the end of the contract.

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Some companies may offer an alternative or cancel the contract,

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but only as a goodwill gesture.

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Well, you lot, I think you all need to brush up on your consumer rights.

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Trust me, knowing them will stop you getting done.

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I'm looking into the case of Sadiq Ali,

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whose family home was ransacked by burglars in April 2011.

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Sadiq took comfort in the fact that his insurance would cover the loss.

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But esure took one look at Sadiq's claim and branded it void,

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saying that his wife's jewellery wasn't covered

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because the price of gold had risen so much.

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And even worse, having their policy voided also meant that

0:18:100:18:13

their reputation was tarnished

0:18:130:18:15

and other insurance companies wouldn't touch them.

0:18:150:18:18

We might not have bothered paying the premium to the insurance company.

0:18:180:18:22

"Calm down" might have been the motto for this insurance company,

0:18:240:18:27

but they've left Sadiq and his family anything but calm with their heavy-handed approach.

0:18:270:18:31

Sadiq has appealed esure's decision

0:18:310:18:35

to the Financial Ombudsman Service,

0:18:350:18:37

and while he waits for their findings,

0:18:370:18:39

I'm determined to keep on the case.

0:18:390:18:41

For me, this case revolves around one thing -

0:18:430:18:45

the changing price of gold.

0:18:450:18:47

When Sadiq took out his insurance policy,

0:18:500:18:52

he covered himself for £30,000 worth of contents cover.

0:18:520:18:57

Now, that consisted of £20,000 for low-risk items,

0:18:570:19:01

represented by these two balloons...

0:19:010:19:04

..and £10,000 for high-risk items,

0:19:060:19:08

represented by this gold balloon.

0:19:080:19:12

However, after the burglary, Sadiq realised to his cost

0:19:140:19:18

that the price of gold had shot up considerably.

0:19:180:19:22

Which meant Sadiq was actually underinsured.

0:19:250:19:29

Now, the insurance company then voided his claim and cancelled

0:19:290:19:33

his insurance policy, which meant he had no insurance at all.

0:19:330:19:37

That is a pretty harsh price to pay for a simple mistake.

0:19:390:19:42

When you insure your possessions, most of us know that

0:19:490:19:52

they're going to go up or down in value, but in the event of a claim,

0:19:520:19:55

quite often insurance companies will give you the replacement cost.

0:19:550:19:59

So, I've asked Sadiq to speak to some experts to find out

0:19:590:20:02

just how much gold has gone up over the past few years.

0:20:020:20:05

This is interesting.

0:20:070:20:08

I've found a website here that shows the price of gold

0:20:080:20:12

for the past decade.

0:20:120:20:14

You look back here, it's showing about 2002,

0:20:140:20:17

the price of gold was about £7, £8 a gram.

0:20:170:20:20

And in 2008, roughly to the second bit of gold that we bought,

0:20:220:20:27

it's showing about £10 a gram.

0:20:270:20:31

So far, so good, but what about now?

0:20:310:20:35

Time to find out from a local jeweller

0:20:350:20:37

just what the cost would be today.

0:20:370:20:39

£35.62, plus VAT.

0:20:390:20:44

Crikey, that's quadrupled in just four years.

0:20:440:20:47

So, no wonder the jewellery that Sadiq insured

0:20:470:20:49

for four and a half grand is,

0:20:490:20:51

according to esure, now worth over 15 grand.

0:20:510:20:54

Who'd have thought it?

0:20:540:20:55

Certainly not Sadiq, not me, and probably not half the country.

0:20:550:21:00

Surely you need to be a gold expert to stay on top of

0:21:000:21:03

that kind of pricing roller coaster.

0:21:030:21:06

Unless people have been studying the bullion market for whatever reason,

0:21:060:21:10

I think it's unlikely that the general public will appreciate

0:21:100:21:14

exactly how much gold has gone up in the last ten years.

0:21:140:21:17

And so therefore, they won't have realised

0:21:170:21:20

how much their jewellery has increased in value.

0:21:200:21:22

If you have a treasured piece of jewellery

0:21:220:21:25

that you bought in, say, 1980,

0:21:250:21:27

and you are relying on the original purchase receipt,

0:21:270:21:30

you cannot expect an insurer to pay out in a post-loss situation

0:21:300:21:35

on just the information on that receipt.

0:21:350:21:38

You really do need to have an up-to-date valuation.

0:21:380:21:41

There's always been a problem with people not having

0:21:410:21:44

their jewellery insured properly and valued properly,

0:21:440:21:47

but because of the rocketing bullion prices over the last ten years,

0:21:470:21:51

we've seen an extraordinary number of cases

0:21:510:21:55

of people being so grossly underinsured.

0:21:550:21:57

I would say that it's probably not an exaggeration to state that

0:21:570:22:01

I see it leaves two people a day in my working life who are undervalued.

0:22:010:22:06

Sadiq made a big mistake when he took his insurance out.

0:22:060:22:10

He didn't realise how much the price of gold had gone up

0:22:100:22:13

in the last ten years, and I've got a funny feeling

0:22:130:22:15

it's a very common mistake. Let's find out.

0:22:150:22:18

Let me give you that lump of gold there.

0:22:190:22:21

Now, ten years ago, if you bought that, it'd cost you £1,000

0:22:210:22:24

-and you insured it for £1,000.

-Right.

0:22:240:22:26

-Right? Lucky girl, aren't you?

-Yeah.

0:22:260:22:28

-But yesterday, you got burgled, the gold was stolen.

-Oh.

0:22:280:22:33

How much would you expect your insurance company to pay you out?

0:22:330:22:36

Probably the same amount, hopefully.

0:22:360:22:39

-1,000?

-Yeah.

0:22:390:22:40

You see, it's now worth five grand.

0:22:400:22:42

-So...

-I would like to think that I'd get that.

0:22:420:22:45

-The £5,000?

-Yeah.

0:22:450:22:47

-£1,000.

-Why?

0:22:470:22:48

That's how much it's worth.

0:22:480:22:52

-Ah...

-Or do you think it should have gone up in price?

0:22:520:22:54

-That's now worth five grand.

-OK.

0:22:540:22:56

So, how much should your insurance company pay out?

0:22:560:22:58

Five grand!

0:23:000:23:01

-Yeah?

-Am I just stating the obvious here?

0:23:010:23:03

'So you'd hope, but how would you feel if, like Sadiq,

0:23:030:23:05

'you're considered grossly underinsured and get nothing?'

0:23:050:23:09

I'd be angry, obviously.

0:23:090:23:11

I didn't think that that could actually happen.

0:23:110:23:14

It's just not possible. You rely on these people to do a good job,

0:23:140:23:17

and they're not. No, that's scary.

0:23:170:23:19

What if I told you the chances are they wouldn't give you a penny?

0:23:190:23:22

-Really?

-Really. You're classed as underinsured.

0:23:220:23:26

They would possibly cancel your policy

0:23:260:23:28

and you possibly couldn't get insurance again

0:23:280:23:31

as a result of the claim being made void.

0:23:310:23:33

-Gracious me!

-It's a bit shocking, isn't it?

0:23:330:23:36

That is shocking, yes.

0:23:360:23:37

And on top of that, you're to blame.

0:23:370:23:40

How are you going to feel about that?

0:23:400:23:42

Whose responsibility is it to keep the value up to date?

0:23:420:23:45

The insurance company's or yours?

0:23:450:23:46

I don't know.

0:23:460:23:48

-It's probably mine, innit? Is it?

-It is yours.

0:23:490:23:52

-To keep a tab on what's going on?

-Yeah.

0:23:520:23:54

But insurance companies are aware it's gone up.

0:23:540:23:56

Should they be warning you of that?

0:23:560:23:58

-They should do, shouldn't they?

-Yeah.

0:23:590:24:01

They should write to you, shouldn't they, and say you're underinsured?

0:24:010:24:04

You see, there is proof of the pudding.

0:24:040:24:07

A lot of people could find themselves

0:24:070:24:09

in exactly the same situation as Sadiq -

0:24:090:24:11

sitting on a goldmine but insured for a coalmine.

0:24:110:24:14

Right, I've had a letter back from the insurance company

0:24:180:24:21

about poor old Sadiq.

0:24:210:24:23

And it's brought up a couple of questions for me,

0:24:230:24:25

which I think would be quite interesting.

0:24:250:24:27

'Now, although the Financial Ombudsman is

0:24:280:24:31

'also investigating this, I'm going to get back on the hotline

0:24:310:24:34

'to esure to see if I can get to the bottom of this case.

0:24:340:24:38

'After my first call,

0:24:380:24:39

'I now have a contact who sounds like a decision maker to me -

0:24:390:24:42

'Adrian Webb, Head of Corporate Communication.'

0:24:420:24:45

-Hello there, it's Adrian here.

-Hi, Adrian, it's Dominic Littlewood.

0:24:460:24:50

'Having spoken to members of the public

0:24:500:24:52

'and with information from valuers,

0:24:520:24:54

'clearly, undervaluing gold is a huge problem.

0:24:540:24:57

'Surely esure is not going to blame Sadiq for what is a common mistake?'

0:24:570:25:00

In your opinion, do you think that Sadiq has deliberately misled you?

0:25:030:25:07

Whatever it is, he did mislead us.

0:25:080:25:10

There is no two ways about it from what we've looked at

0:25:100:25:13

and what we've seen.

0:25:130:25:14

There is absolutely no two ways about it.

0:25:140:25:17

He did not tell us the truth about what was in his house.

0:25:170:25:20

'That's a shock. They actually think Sadiq lied to them.'

0:25:210:25:25

I've got to be honest, I can feel this one slipping away from me.

0:25:250:25:28

I'm not feeling very good about this one.

0:25:280:25:31

Now, in spite of what Adrian says, we know esure wrote to Sadiq,

0:25:310:25:35

saying that they did not think that he had withheld the true value

0:25:350:25:39

of the jewellery maliciously, ie deliberately.

0:25:390:25:42

And yet they still voided his policy.

0:25:440:25:46

Are they allowed to do that?

0:25:460:25:49

And if so, how many more people across the country are about to get

0:25:490:25:51

a rude awakening when they discover their insurance policy isn't worth

0:25:510:25:55

the paper it's written on?

0:25:550:25:56

So, underinsurance is clearly a big issue, but just how big?

0:25:570:26:02

David Cresswell is a director at the Financial Ombudsman Service,

0:26:030:26:07

which is there to help consumers who have fallen out with their bank

0:26:070:26:11

or insurance company.

0:26:110:26:13

So he's just the man to tackle this thorny issue of underinsurance.

0:26:130:26:17

Underinsurance is a common problem.

0:26:170:26:20

Although at the Ombudsman we see a relatively small number of cases,

0:26:200:26:23

it's accepted that it's probably the tip of the iceberg in the sense that

0:26:230:26:28

possibly up to one in four people don't have enough insurance

0:26:280:26:33

to cover the current-day value of their possessions.

0:26:330:26:37

Underinsurance is all about people not recognising

0:26:370:26:41

the true value of what they've got. And telling their insurer

0:26:410:26:45

that things are worth less than they actually are.

0:26:450:26:48

But if you have still paid your premiums, why is this so critical?

0:26:480:26:53

Underinsurance is a really serious issue for insurance companies.

0:26:530:26:57

It goes right to the very heart of what insurance is about.

0:26:570:27:00

And insurance companies will tell you

0:27:000:27:03

it's all about "utmost good faith".

0:27:030:27:06

What that means is they will say they are going to be

0:27:060:27:09

completely open and honest with you,

0:27:090:27:11

and you, the customer,

0:27:110:27:13

must be completely open and honest with them.

0:27:130:27:16

So, if you say your valuables are worth £25,000,

0:27:160:27:19

and in actual fact they're worth £50,000,

0:27:190:27:23

the insurance company can quite literally say you've lied to them.

0:27:230:27:27

So, if they think you're lying, what would be the consequences?

0:27:270:27:31

In some cases of underinsurance,

0:27:310:27:34

the insurer can exercise their legal right to void the policy.

0:27:340:27:38

That's really serious. It's probably going to mean

0:27:380:27:42

you're going to have great difficulty

0:27:420:27:44

getting any other kind of insurance as well.

0:27:440:27:47

But, usually that will only happen when the insurance company

0:27:470:27:50

is pretty satisfied that you have actually tried,

0:27:500:27:53

in some way, to defraud them.

0:27:530:27:55

Right, what we have just heard from the Financial Ombudsman is dynamite.

0:27:560:28:01

A company can't void your policy

0:28:010:28:03

unless they think you have intentionally lied to them.

0:28:030:28:07

And I have it right here in black and white that esure don't think

0:28:070:28:10

that Sadiq deliberately misled them.

0:28:100:28:12

So, we're firing off an e-mail to Adrian, stating those regulations

0:28:140:28:18

prove to be the golden bullet to blow apart esure's arguments.

0:28:180:28:24

Right, just had a message. esure have been back on the phone.

0:28:240:28:27

They've only got an hour to speak to me. Probably another meeting.

0:28:270:28:31

Let's find out what's going on.

0:28:310:28:32

I get lots of mail, and I just love it

0:28:360:28:39

when it's stories about you taking on the big boys and winning.

0:28:390:28:43

Good on you.

0:28:430:28:45

Here's a story of how you did it.

0:28:450:28:47

The kitchen, the heart of the family home,

0:28:510:28:53

and with 23 million of them in the UK,

0:28:530:28:57

it's big business for the manufacturers and retailers.

0:28:570:29:00

But what happens when your shiny new kitchen starts to fall apart

0:29:000:29:04

after only a few years,

0:29:040:29:05

and the company you bought it from has disappeared down the plughole?

0:29:050:29:11

I couldn't have afforded to replace it myself. We're pensioners.

0:29:110:29:14

Meet grandmother of four, Angela Rice.

0:29:140:29:18

Back in 2007, she decided to replace her tired kitchen

0:29:180:29:22

with a brand-spanking-new one at a cost of £5,212.

0:29:220:29:27

We were very pleased with it.

0:29:280:29:30

It was in shades of coffee and cream and it was really very nice.

0:29:300:29:35

But, four years down the line,

0:29:350:29:36

Angela noticed something a bit off-colour about her kitchen.

0:29:360:29:40

We sat looking at it one day and I thought,

0:29:400:29:43

"Are the colours of the kitchen changing?"

0:29:430:29:47

And gradually, the change became more and more apparent

0:29:470:29:51

and the coffee shades actually turned from coffee to almost a pale grey.

0:29:510:29:59

I was very upset, because this was a dream kitchen

0:29:590:30:03

that I'd longed for for quite some time.

0:30:030:30:06

So it was really disappointing.

0:30:060:30:09

And so began Angela's battle to get things put right.

0:30:090:30:13

My immediate reaction was to dig out the invoice

0:30:130:30:18

and contact the original supplier.

0:30:180:30:21

To my horror, I found that he'd gone bankrupt,

0:30:210:30:24

so there wasn't going to be any help there.

0:30:240:30:26

Not one to fall at the first hurdle, Angela tried another tack.

0:30:260:30:30

My next reaction was to approach the manufacturer.

0:30:300:30:34

They did offer to sell me fresh units,

0:30:340:30:39

at manufacturer's cost price.

0:30:390:30:43

That still would have involved me in a lot more expense.

0:30:430:30:47

A lot of you would have given up there and then,

0:30:470:30:50

but not Angela, because she was a bit of a legal eagle.

0:30:500:30:54

10-15 years ago, because I left school at 16

0:30:540:30:58

and didn't have any A-levels, I decided to do an A-level in law.

0:30:580:31:03

I felt, if my youngest son can cope with law,

0:31:030:31:07

and he's not nearly as bright as his mum, I'm sure I can do it.

0:31:070:31:11

So I actually did A-level law. And I got an A.

0:31:110:31:16

And A-student Angela was about to become top of the class.

0:31:160:31:21

When you have paid for a product with your credit card,

0:31:210:31:25

that makes the credit card company

0:31:250:31:28

jointly and severally responsible for defective goods,

0:31:280:31:33

or goods that are not of satisfactory quality.

0:31:330:31:37

She was bang-on.

0:31:380:31:40

The Consumer Credit Act of 1974 provides protection

0:31:400:31:43

to consumers via their credit card companies

0:31:430:31:46

from faulty goods and businesses going under.

0:31:460:31:50

So, she got straight on to Barclaycard, and told them

0:31:500:31:53

they were now responsible for the cost of getting things fixed.

0:31:530:31:57

After the initial phone call,

0:31:570:31:59

we started sending photographs of the kitchen.

0:31:590:32:02

We sent them numerous e-mails.

0:32:020:32:05

Their response was always slow.

0:32:050:32:08

I made telephone logs,

0:32:080:32:10

where I had been hanging on for 40 minutes,

0:32:100:32:13

listening to muzak, and this sort of thing.

0:32:130:32:18

And it really is very frustrating, trying to communicate with them.

0:32:180:32:23

Angela felt she needed concrete proof that her kitchen was indeed faulty,

0:32:230:32:28

so, she did some digging.

0:32:280:32:30

I found out that there were two organisations that could help me.

0:32:300:32:33

The Kitchens And Bathrooms Association,

0:32:330:32:35

or the Furniture Ombudsman.

0:32:350:32:37

Both of which would charge in the region of £350 for a report.

0:32:370:32:43

And I wrote to Barclaycard and said, would this be acceptable?

0:32:430:32:48

And were they prepared to contribute towards the report?

0:32:480:32:54

And they wrote back to me, offering me £50.

0:32:540:32:58

I then contacted them again and said, "This is derisory."

0:32:580:33:02

I went ahead with the report from the Furniture Ombudsman.

0:33:020:33:06

The report came back, conclusively stating that the kitchen

0:33:060:33:10

was of defective manufacture and I thought, at that stage,

0:33:100:33:16

they are going to have to admit responsibility.

0:33:160:33:19

Angela sent Barclaycard the report, together with two quotes

0:33:190:33:23

for the kitchen repairs, and waited for their reply.

0:33:230:33:26

They came back to me and told me they had lost the report

0:33:260:33:29

and they had only copied two pages of it.

0:33:290:33:33

I was livid. My blood was rising and I thought,

0:33:330:33:38

I'm going to have to take them to court.

0:33:380:33:41

The other thing that had happened was they had said, if they didn't

0:33:410:33:44

hear from me within ten days, they were going to close the case.

0:33:440:33:49

Hey, I'd been going at this for about four months!

0:33:490:33:53

So, at that stage, I had to write back and say, "This is it.

0:33:530:33:59

"Seven days or I'm going to take you to court."

0:33:590:34:02

After a six-day wait, Barclaycard got back to her.

0:34:020:34:05

They did respond with an offer of £3,318.

0:34:070:34:12

And £250 for the Furniture Ombudsman's report

0:34:130:34:20

and, they said, in full and final settlement.

0:34:200:34:23

Angela's tenacity and legal savvy had paid off.

0:34:230:34:26

I feel as if I have won a moral battle, and the outcome is good.

0:34:280:34:34

My kitchen is lovely to look at, and yeah, it was worth doing.

0:34:340:34:39

Barclaycard have issued a statement, saying:

0:34:390:34:42

They go on to apologise and confirm that:

0:34:510:34:54

What a great result for Angela.

0:34:580:35:01

She showed Barclaycard that,

0:35:010:35:03

if you can't stand the heat, get out the kitchen!

0:35:030:35:06

Father of two Sadiq Ali is battling his insurance company, esure.

0:35:110:35:15

They voided his policy

0:35:150:35:17

and refused to pay out after a burglary at the family home.

0:35:170:35:22

It wasn't just that we lost, suffered a burglary

0:35:220:35:26

and all the heartache and anxiety that goes with that.

0:35:260:35:29

Then, none of our things were replaced

0:35:290:35:31

by the insurers that we depended on.

0:35:310:35:34

Now, I've been digging deep to find a way to make esure back down.

0:35:340:35:39

And, so far, this has been a really tough nut.

0:35:390:35:41

But, I think I might have finally found a crack in this case.

0:35:410:35:44

Thanks to the Financial Ombudsman's regulations,

0:35:460:35:49

which state that a policy can be voided only when

0:35:490:35:52

there is a deliberate attempt to lie to the insurance company,

0:35:520:35:54

which, esure agree, was not true in Sadiq's case.

0:35:540:35:58

While waiting for a ruling from the Financial Ombudsman's service

0:35:580:36:03

on whether esure was justified in voiding Sadiq's claim,

0:36:030:36:06

I fired off an e-mail to Adrian, head of corporate communications,

0:36:060:36:09

pointing out FOS regulations,

0:36:090:36:12

and it seems that I might have hit a nerve,

0:36:120:36:14

because he came straight back to me.

0:36:140:36:16

Right, just had a message. esure have been back on the phone.

0:36:170:36:21

And they've only got an hour to speak to me.

0:36:210:36:24

Probably another meeting. Let's find out what's going on.

0:36:240:36:27

I have a feeling that this could be a turning point

0:36:270:36:29

and that all that research is about to pay off.

0:36:290:36:32

Right, here goes. What's the update?

0:36:320:36:33

The update is, we will not be voiding the policy.

0:36:350:36:38

And we will be passing the claim back for assessment again.

0:36:380:36:42

Bingo. Just what I wanted to hear. Looks like we're back in business.

0:36:420:36:47

It seems that, after my e-mail, esure got in touch

0:36:470:36:50

with the Financial Ombudsman service before their ruling

0:36:500:36:53

and told them they were going to do a U-turn. Great, but what now?

0:36:530:36:58

We'll be reinstating their policy and dealing with the whole thing

0:36:580:37:01

as fast as we humanly can, to minimise any stress on them.

0:37:010:37:03

Which is really good news.

0:37:030:37:05

We'll be dealing with the claim.

0:37:050:37:07

How we will be dealing with the claim, I'm not sure.

0:37:070:37:09

This is all brilliant,

0:37:090:37:11

but what really changed their minds about Sadiq's claim?

0:37:110:37:14

Genuinely, hand on heart, going through it now,

0:37:140:37:17

-it is a case of, you know, extreme naivete, but not deliberate.

-No.

0:37:170:37:24

But the question about paying out

0:37:240:37:26

and voiding the policy is the important one.

0:37:260:37:29

We should not have voided that policy.

0:37:290:37:31

I've rung the bell, but don't forget,

0:37:310:37:33

we're still waiting for that payout.

0:37:330:37:35

Cheers, bye.

0:37:350:37:37

I like it when you deal with someone who knows what he's talking about.

0:37:370:37:41

I've got a feeling Sadiq is going to be jumping over the moon.

0:37:410:37:45

Sadiq and Mohima have been very, very fortunate

0:37:450:37:49

and there's lessons to be learned here by all of us.

0:37:490:37:51

It's such a big problem that esure agreed to meet me,

0:37:510:37:54

and what better place than a 500-year-old boozer?

0:37:540:37:57

Hope they serve tea!

0:37:590:38:01

We've heard how underinsurance is such a big issue,

0:38:020:38:05

and the first thing I want to know is,

0:38:050:38:07

what is the industry doing about it?

0:38:070:38:10

Ironically, during the course of last year,

0:38:100:38:12

while all this was going on,

0:38:120:38:14

we e-mailed all our customers to say, do the sensible thing.

0:38:140:38:18

Go through your house, write everything down.

0:38:180:38:21

Put a value on it as to what it would cost to replace that.

0:38:210:38:24

That is your contents sum insured.

0:38:240:38:27

Don't just take a guess. There's no point in taking a guess.

0:38:270:38:30

We've seen cases where people have lost everything in fires,

0:38:300:38:33

and you know, it's a modern age, where you can take a photograph

0:38:330:38:36

of everything in your house, so you know what's there.

0:38:360:38:38

Give it a proper value. We'll give you a proper premium.

0:38:380:38:41

Everyone's happy.

0:38:410:38:43

Do you not think insurance companies, all companies,

0:38:430:38:45

should have a leeway there, and allow for the fact that somebody

0:38:450:38:49

who insured an item, that item might have gone up and there should be

0:38:490:38:52

a certain amount of leeway to allow for that, for that sort of naivete.

0:38:520:38:56

This is exactly, in the end,

0:38:560:38:57

what we have judged to have happened in Sadiq's case.

0:38:570:39:00

The alarm bells went off originally, but when we've looked into it,

0:39:000:39:04

we've apologised to him because he has been one of these people

0:39:040:39:07

where he has been caught with the rapid rise of gold prices,

0:39:070:39:12

with not having taken specific attention to what's in there

0:39:120:39:16

originally, so there was nothing fraudulent about this.

0:39:160:39:19

This was a simple burglary

0:39:190:39:20

of some items that turned out to be worth much more

0:39:200:39:23

than they should've been insured for.

0:39:230:39:25

The example you would give in motor insurance

0:39:250:39:28

is nobody would be happy if they said, "I've got a Mini,"

0:39:280:39:31

and then a claim comes in for a crashed Lamborghini.

0:39:310:39:34

Sadiq, after he put that claim in, you said no to that claim

0:39:340:39:38

and voided his whole policy.

0:39:380:39:39

He was left uninsured, then from that moment onwards.

0:39:390:39:42

Why on earth did you do that? He wasn't a criminal.

0:39:420:39:45

He hadn't tried to defraud you.

0:39:450:39:47

No, and in fact, unreserved apology to Sadiq for that.

0:39:470:39:50

-You're putting your hands up and saying it was wrong?

-That was wrong.

0:39:500:39:53

Adrian, I want to thank you, especially on behalf of Sadiq,

0:39:530:39:57

and hopefully, people have learned here, make sure you're insured,

0:39:570:39:59

-and not underinsured.

-Not underinsured.

0:39:590:40:02

-Thanks for your time.

-Thank you.

0:40:020:40:03

You know, I really appreciate it

0:40:030:40:06

when companies come along and meet me face-to-face,

0:40:060:40:08

but what's become very obvious after that little chat is,

0:40:080:40:12

Sadiq's problem of underinsurance is actually a major issue.

0:40:120:40:17

Following on from our chat,

0:40:170:40:20

Adrian has earned himself a gold star from me.

0:40:200:40:23

He's been true to his word

0:40:230:40:25

and e-mailed with a final settlement offer on Sadiq's claim.

0:40:250:40:29

And I can't wait to see what the family makes of it.

0:40:290:40:32

Right, I'll start off now, with a little bit of a ticking-off,

0:40:320:40:36

but it's not just aimed at you guys.

0:40:360:40:38

This is probably the majority of people out there right now

0:40:380:40:40

who are insured.

0:40:400:40:42

You were underinsured, and that is not the fault of esure.

0:40:420:40:46

That is your responsibility to make sure that you put in

0:40:460:40:49

the claims form and do everything right.

0:40:490:40:50

For us, it was a shock, obviously to find that out,

0:40:500:40:54

and we will put our hands up, we didn't know.

0:40:540:40:57

We didn't expect them to do what they did.

0:40:570:41:00

How do you feel now, if I said I hadn't been able to do anything for you,

0:41:000:41:03

and you have basically got no money coming,

0:41:030:41:06

and you will have trouble insuring yourself again?

0:41:060:41:09

I feel as if we are in the wrong, as if we are fraudsters

0:41:090:41:13

or something like that, that we've done something wrong.

0:41:130:41:16

When we haven't.

0:41:160:41:18

esure do agree. They don't think that you've been dishonest.

0:41:180:41:21

They don't think you've tried to be devious.

0:41:210:41:23

There is a grey area there, because they think you've been

0:41:230:41:26

a little bit daft, that you haven't been insured fully.

0:41:260:41:30

What they are prepared to do is what's called reinstate your claim.

0:41:300:41:34

They're not going to have you listed now,

0:41:340:41:36

as being declined insurance.

0:41:360:41:39

You will be able to insure yourself.

0:41:390:41:41

Fantastic.

0:41:410:41:43

Brilliant relief. It is brilliant to draw a line under the chapter.

0:41:430:41:47

It's a weight off our shoulders.

0:41:470:41:49

I've got some more news for you.

0:41:490:41:51

They are now going to pay you out, £16,346.57.

0:41:510:41:58

You are, you're pulling our leg!

0:41:580:42:01

They've reinstated the claim, and they are going to pay it.

0:42:030:42:06

-Let me just give you that figure again. £16,346.57.

-No!

0:42:060:42:12

All of it? It is pretty much all of it, isn't it?

0:42:140:42:17

It's actually more than all, and let me tell you the reason why.

0:42:170:42:21

Not only have they been decent enough to reinstate the insurance,

0:42:210:42:24

to pay out and agree to pay out,

0:42:240:42:27

they're also going to give you interest on the money

0:42:270:42:31

which they would have paid out, had it been eight months ago.

0:42:310:42:35

Wow! You can have your gold back.

0:42:350:42:39

Yeah!

0:42:390:42:41

Well, thank you, Dom!

0:42:410:42:43

You're fantastic. People's champion!

0:42:430:42:46

-You look gobsmacked!

-Yeah!

0:42:460:42:48

I think Sadiq and Mohima are a little bit shell-shocked there,

0:42:480:42:52

but I'm really pleased for them. It's a great result.

0:42:520:42:54

esure came good in the end, and it's fair to say

0:42:540:42:58

Sadiq has learned a valuable lesson in insurance.

0:42:580:43:02

And he's not alone. I don't know about you,

0:43:020:43:05

but I'm off to check that my policies are up-to-date.

0:43:050:43:08

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