Upheld: Service failures generally complaint against Brooklin Claims Consultants Ltd
Financial Ombudsman decision DRN-5481740 of 2025-05-07T00:00:00+00:00. Service failures generally complaint against Brooklin Claims Consultants Ltd. Outcome: Upheld.
Decision detail
| Reference | DRN-5481740 |
|---|---|
| Decision date | 2025-05-07T00:00:00+00:00 |
| Firm | Brooklin Claims Consultants Ltd |
| Product | Home insurance |
| Claim type | Service failures generally |
| Outcome | Upheld |
| Remedy | BCC must pay: (1) £2,689 (the amount insurer A would have paid based on correct brand and replacement costs); (2) interest at 8% simple per year from the date other parts of the home insurance claim were settled to the date of settlement; (3) £400 compensation for distress, upset, worry and inconvenience caused over many months. |
Summary
Mrs M claimed on her home insurance policy following fire damage in February 2022 and appointed BCC as loss assessor. BCC submitted a furniture claim for £7,446 with luxury brand B in August 2022, which the insurer declined citing exaggerated costs and brand mismatch. The ombudsman found BCC acted unfairly by: (1) submitting an inflated valuation (£7,446 versus initial £1,800) based on BCC's own research, not Mrs M's instructions; (2) claiming the furniture was luxury brand B despite having access to labels showing the correct brand; (3) failing to correct the submission when Mrs M's representative confirmed the correct brand in September 2022; and (4) insisting to the insurer that Mrs M purchased from brand B without evidence. The ombudsman upheld the complaint and ordered BCC to pay £2,689 (what the insurer would have paid with correct information), plus 8% interest and £400 compensation for distress and inconvenience.
The Ombudsman's reasoning
BCC, as loss assessor, had a key role to communicate clearly, fairly and promptly with both the policyholder and insurer on the policyholder's behalf. BCC promised to handle quantification of the claim and ensure correct preparation in accordance with policy terms. The evidence shows BCC's agent, not Mrs M or her representatives, decided on the £7,446 valuation and brand B. BCC had direct access to correct brand information from furniture labels during property inspection but failed to use this information to correct its submission. When Mrs M's representative confirmed the correct brand in September 2022, BCC failed to pass this on to A or amend the claim. BCC's insistence to A that Mrs M purchased from brand B was unfair given no evidence supported this. BCC's actions directly led to A's decision to deny the claim based on exaggerated costs and incorrect brand information, depriving Mrs M of the opportunity to clarify information with A.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Brooklin Claims Consultants Ltd, all decisions | 8 | 75% |
| Service failures generally, all decisions | 32,767 | 33% |
| Home insurance, all decisions | 21,293 | 38% |
Source
Read the original decision on the Financial Ombudsman Service website