RegulationApr 2 2014

Fos staff ‘ignored N Ireland law’

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Adrian McCall, from Warrington, also claimed that Fos “colluded” with Aviva to force a low settlement for the devastation caused by a 30-tonne digger on his NI family home in 2005.

In documents seen by Financial Adviser, internal staff at Aviva reported conversations with Sarah Holmes, an employee of Fos, who said the client should “play ball” and accept Aviva’s offer of £10,000.

But damage caused by the digger was independently valued at more than £200,000, and Mr McCall has succeeded in persuading Aviva to pay £189,000.

The Fos adjudicator ruled that, under English law, risk passed from seller to buyer at exchange of contracts and Aviva did not hold liability.

However, Northern Irish law dictates that the seller still retains risk for the property until the completion of the buying process.

A spokesman for Fos said it could not discuss individual cases and declined to discuss the decision any further.