Legal Protection Insurance

The repair company took an advance payment, but did not carry out the agreed work

The client contacted ERGO Legal Protection Insurance because they had ordered the renovation of their apartment from the repair company, but after paying the advance payment, the repair company began to delay the start of work. 

The prepayment was paid by the insured person in cash; however, the client was fortunate enough to obtain written confirmation from the member of the company’s management board regarding the payment. They also managed to take a photo of the identity document of the member of the management board. Later, the member of the management board of the repair company repeatedly made promises to start repair work and set various new deadlines, but failed to fulfil all their promises. In the end, the insured person was no longer able to contact the member of the management board of the repair company, which is why they contacted ERGO Legal Protection Insurance. 

Since the repair company had significantly delayed the start of work, i.e., violated the obligations arising from the contract for services, the lawyer prepared an application for withdrawal from the contract on behalf of the client. At the same time, a claim was submitted to the repair company for the return of money paid in advance. The opposing party objected to the claim, arguing that they had not received any money in advance. When the lawyer sent a written confirmation of receipt of the advance payment to the member of the management board of the repair company, which they had prepared themselves, together with a copy of their identity document, then the member of the management board of the repair company no longer responded to the lawyer’s letters. 

Then there was no choice but for the lawyer to prepare an application for an expedited payment order to the court. The opposing party did not raise any further objections. The court ordered the repair company to pay in favour of the client the amount paid in advance, interest on arrears, as well as the costs of the proceedings.

The employer unilaterally changes the terms and conditions of the contract

Legal Protection Insurance was contacted by a client whose employer unilaterally began to change the terms and conditions of the employment contract, more precisely the procedure for calculating the additional fee, when the coronavirus hit. As a result, the employee would have lost an estimated 20–30% of their salary on a monthly basis. Although it was a difficult time, lowering the employer’s business risks at the expense of employees was not justified. 

In cooperation with the lawyer from Legal Protection Insurance, the client sent a letter to the employer informing that the premium scheme cannot be changed unilaterally. In this case, the premium was a part of the salary, the amendment of which is possible only by agreement of the parties. The letter also informed the employer that the employee is ready to contact the labour dispute committee to protect their rights, and if the client incurs legal expenses, they will be indemnified by ERGO Legal Protection Insurance. The employer realised that they had behaved incorrectly and that there was no point in arguing with the employee. 

After a slight delay, the employer paid the employee a lesser-paid premium.

You have the right to receive a refund for a package tour that was cancelled due to an emergency situation

The tour operator cancelled the family’s package tour due to the national emergency situation declared this spring and initially refused to refund the money. The tour operator offered the client a new trip for a certain period of time as a replacement, but the family did not want it. The client decided to contact Legal Protection Insurance, and lawyers began to handle the case. 

The lawyers prepared a reasoned demand letter with legal bases for the tour operator, and after a short correspondence between the lawyer and the tour operator, the tour operator returned all the travel instalments paid by the client. The client did not incur any extra costs, as the client had Legal Protection Insurance, and the extrajudicial procedural costs were indemnified by ERGO.

Getting a full refund for a used car

The client bought a used car, which, according to the advertisement, was supposed to be in good condition, well maintained, many body parts replaced, and anti-corrosion was done. After the client had been driving the vehicle for a while, a suspicious knocking sound began to be heard. When the client went to the repair shop, it turned out that the bottom of the vehicle had completely eroded, and according to the workshop, driving the car was even life-threatening. 

The client then wanted to withdraw from the sales contract, but the seller did not agree. They contacted ERGO Legal Protection Insurance for help, but the seller refused to return the money even after a withdrawal application sent by ERGO’s lawyers. 

The lawyers recommended ordering an expert assessment of the vehicle, which established that driving the vehicle was life-threatening and, given the price of the vehicle, it should have been in very good condition. However, the seller still refused to return the money after the result of the expert assessment. 

Following lengthy negotiations with the help of ERGO’s lawyers, the seller agreed to inspect the car and take it back if the vehicle was in the same condition as when it was sold. That is what they finally did.