My union representative (an executive committee member for the Association of Teachers and Lecturers) informs me that he received a circular about this matter during the Christmas holidays indicating that registration should take place before December 31, 1994. On enquiring at ATL after December 31, he had received information about claims very late and had forwarded circulars to only 5,000 members currently employed as lecturers. As I am now employed full-time did not receive this information even though I was employed as a part-time lecturer for both Bury and Bolton educational authorities from 1976 to 1983.

Further, I was on sick leave from June 1 until October 10, 1994, and readmitted to hospital on December 20, only returning to school on January 9, 1995. Even if I had been aware of the deadline for the claim, it would have been impossible for me to adhere to it. I feel that: (a) as a professional body working on my behalf, the ATL should have informed me about these circumstances earlier; (b) in view of my admission to hospital, it would have been impossible for me to register at the time stated; (c) my late registration should be given equal consideration to those received by the due date and I should not be penalised.

A The ECJ judgment in September does give rise to the possibility of a time bar applying to the registration of claims for back-dated membership, but it is far from clear what the relevant date should be. Some legal opinion suggests that, in a worst-case scenario, the relevant date could be in late 1994, but the advice given by your union representative, that the date is “flexible”, could equally turn out to be the case. No one knows the correct answer and the ATL is probably being cautious on the basis of its lawyers’ advice.

My advice is to register your claim as quickly as possible, highlighting the fact that you were hospitalised at the relevant time.

Q I had a road accident while touring on the Continent and had to curtail my holiday because my car was undriveable. I tried to claim the cost of the pre-booked accommodation I lost from my holiday insurance (sold to me by the company operating the car tour holiday). My claim was refused on the grounds that I had “chosen” to curtail my holiday. Is that reasonable? If not, how can I pursue this claim?

A I think “curtailment” is covered in section 3 of your policy document. This covers “pecuniary loss in respect of irrecoverable deposits and payments for unused travel and accommodation for which (you) contracted prior to the commencement of the trip”.

So far so good, but section 3.1 states that the loss must be as a result of ”(your) necessary and unavoidable inability (and not merely disinclination) to travel or complete travel as arranged due to causes beyond (your) control”.

The insurers’ contention that you had “chosen” to curtail your holiday is presumably based on their interpretation of “necessary and unavoidable” and of “disinclination”. I would have thought that your car being undriveable resulted in your necessary and unavoidable inability to complete a car tour holiday, but there may also be an issue connected with your ability to use alternative transport; a replacement car, for example.

On the face of it, the circumstances you describe give rise to a legitimate complaint. I suggest that you write to the managing director of the insurance company concerned. Alternatively, if you want an independent opinion, you can write to the consumer information department of the Association of British Insurers at 51 Gresham Street, London EC2V 7HQ (0171 600 3333).

If neither of these give you satisfaction, contact the Lloyd’s insurance market at Lloyd’s Consumer Enquiries Department, 1 Lime Street, London EC3M 7HR (0171 327 5935) or the Insurance Ombudsman Bureau at City Gate One, 135 Park Street, London SE1 9EA (0171 928 7600).

Andrew Warwick-Thompson is a lawyer who works for Bacon and Woodrow, the international firm of actuaries and consultants. Readers who wish to put questions to him (no names will be published) should write to the Personal Finance Desk, The TES, Admiral House, 66-68 East Smithfield, London E1 9XY (fax 071-782 3200). No personal correspondence will be entered into and no legal liability will be accepted for the advice offered.