Q&A Your legal questions answered.

Send your questions to askdean@people.co.uk

This is a policy many businesses take out to insure against unforeseen events that affect the operation of their business.

It is designed for pandemic-style events to protect any loss of income that businesses may experience as a consequence.

But companies across the UK have been reporting that insurers have been knocking back claims – and many leisure sector operators say this is why they have been unable to refund customers.

The Financial Conduct Authority is aware of the issue and has been challenging insurers about whether they can do this.

It is a fight the FCA is determined not to let go and the regulator is even preparing to take a test case to court to seek clarification. The hearing is scheduled to take place in late July.

The test case will look at 17

QI BOOKED car parking in Southampton for two cars this July through Holiday Extras. I cancelled one before the pandemic, due to passengers who were no longer travelling. I was expecting to get a refund but they have only given me some vouchers to use within the next 18 months. Before I cancel the other car park space, will I be entitled to my money back and not just a voucher? Dave Leyland AS you cancelled the first booking, they were entitled to give you only vouchers. If the second is cancelled due to travel restrictions, you will be entitled to a cash refund. It is important you do not cancel – you need to get the provider to agree the booking cannot go ahead.

Apolicy wordings and bring eight defendants before the court – Arch Insurance, Argenta Syndicate Management, Ecclesiastical Insurance Office, Hiscox, MS Amlin Underwriting, QBE, Royal & Sun Alliance and Zurich.

The good news is that following the FCA’S involvement, a number of insurers have now admitted they are liable to pay out on business interruption insurance policies.

Hopefully, the rest will follow suit so the court action will no longer be necessary.

QI BOUGHT a CD online for my son’s birthday but when I gave it to him, I discovered he already owned it. I tried to return it but the retailer says you cannot return CDS so I can’t get my money back. I have never heard of this before. Can they really do this? Susan Birtle

Consumer insurance policies Lots of readers have been saying they have had claims rejected, with insurers stating that the pandemic falls within an exclusion clause.

The small print coupled with these unprecedented times has led to a lot of confusion – but the FCA has also intervened here, telling insurers they must make such exclusion clauses clear.

My view is that they must make them clear before the policy commences. If not, these clauses should not be binding.

ATHE Consumer Contract Regulations gives you the right to return goods purchased online within 14 days of delivery. It is true that CDS are an exception to this but only if you have broken the seal and opened up the packaging.

I ORDERED a new food processor back in April. After a few weeks, the retailer told me it could no longer source the goods so it would put a credit of £101 in my account with them. I would like to have my money back instead, but they are refusing to do this. Am I in the right? Pauline Mumby

YOU are correct – the Consumer Rights Act 2015 states you are entitled to a full cash refund.

QA