How is HBF in breach of contract?
not yet. if HBF is to be believed, HBF will breach come 1 January 2023 after initially insisting that change in policy suspension rule resulting in breach-of-contract was a firm decision and would happen 1 August 2022. the breach is by way of changing its policy suspension rule from unspecified policy suspension term to maximum 3 year suspension and having this rule applied retroactively disavowing pre-existing signed 2010 agreement-contract. NOTE: there is no mention of suspension being "temporary" in 2010 agreement-contract/HBF policy suspension promotional material. HBF initially denied that change in policy suspension rule is any attempt to coerce and force policy resumption; HBF's signed ruling proves irrefutably that this is the exact underlying intention HBF sought to engineer through its actions.
How has the breach harmed me?
again, not yet. as per case description if HBF were to implement its new suspension rule and cancel the suspension of my policy, i do not suffer any financial loss UNTIL i attempt to re-establish private health cover with the implications of "lifetime health cover loading" dependent on my age at time of resumption plus fulfilment costs of eligibility periods to restore lost benefits and out-of-pocket costs during this exact same period for the type of healthcare benefits in question not covered due to not yet re-established benefits cover. this is why actual financial loss caused by HBF's pending action is indeterminate at this point in time. if i were to submit to policy resumption as coerced by HBF, i will be paying for cover that is unsuitable, not needed and not claimable due to my circumstances just to preserve benefits and avoid re-serving eligibility periods. HBF should not be allowed to change prior agreement-contract to suit itself having now realised that the 2010 agreement-contract is not to its benefit. prior agreement-contract has been in effect since 2010 - been effective for 12 years as freely admitted by HBF; HBF now decides unilaterally that it wants to change the terms and conditions of prior agreement-contract without my agreement and consent. NOTE: HBF is still holding onto remainder of monies from 2010 premium left over due to implementation of suspension. 2010 agreement-contract states that this monies is to be applied to policy on resumption.
What is your objective or what outcome do you seek to rectify the alleged breach?
restoration and adherence to original policy suspension terms and conditions as per HBF signed 2010 agreement-contract that allows me to resume suspended policy on my PERMANENT RETURN TO AUSTRALIA not as dictated by HBF. if HBF continues to refuse and breaches the contract, based on the circumstances of this case, is there a statute of limitations? how strong is my case against HBF to seek restitution, compensation, recovery of ALL COSTS and PUNITIVE DAMAGES to strongly discourage further similar bullying? can HBF employees be personally held liable and responsible for conspiring to cause me financial loss and be named as secondary defendant(s)?
need confirmation, based on information provided, as to:
1) do i have a strong case against HBF?
2) what is the statute of limitations based on description of the circumstances of this case or is there even one based on the circumstances described?
3) what are my chances of successfully suing HBF for restitution, all costs and punitive damages to discourage future similar unethical bullying behaviour?
4) can those employees involved and who conspired (those identified in named correspondence - including those uncovered during the discovery process of legal action - AND ESPECIALLY the leader; those who have provided signed written documentation) be included in the legal suit as secondary defendant(s)?
5) how are you able to assist if I were to formally engage your services?
yes/no and/or simple-short sentence answers would be very much appreciated if you deem any detailed answers to be formal chargeable legal advice. i just need basic answers at this stage to decide on how to proceed.
an estimate of what you would charge to handle the case, when it comes to the stage for me to proceed with civil litigation, and brief description of what kind of services you would provide for that charge would also be most helpful.
FULL correspondence trail available.
i've had organizations attempt similar breaches-of-contract before but had been able to logically reason with, make them see sense and have them honor pre-existing agreed contracts but thus far HBF has been the most unreasonable and recalcitrant freely fully willing to engage in sophistry in attempts to reach the outcome it has pre-determined
not yet. if HBF is to be believed, HBF will breach come 1 January 2023 after initially insisting that change in policy suspension rule resulting in breach-of-contract was a firm decision and would happen 1 August 2022. the breach is by way of changing its policy suspension rule from unspecified policy suspension term to maximum 3 year suspension and having this rule applied retroactively disavowing pre-existing signed 2010 agreement-contract. NOTE: there is no mention of suspension being "temporary" in 2010 agreement-contract/HBF policy suspension promotional material. HBF initially denied that change in policy suspension rule is any attempt to coerce and force policy resumption; HBF's signed ruling proves irrefutably that this is the exact underlying intention HBF sought to engineer through its actions.
How has the breach harmed me?
again, not yet. as per case description if HBF were to implement its new suspension rule and cancel the suspension of my policy, i do not suffer any financial loss UNTIL i attempt to re-establish private health cover with the implications of "lifetime health cover loading" dependent on my age at time of resumption plus fulfilment costs of eligibility periods to restore lost benefits and out-of-pocket costs during this exact same period for the type of healthcare benefits in question not covered due to not yet re-established benefits cover. this is why actual financial loss caused by HBF's pending action is indeterminate at this point in time. if i were to submit to policy resumption as coerced by HBF, i will be paying for cover that is unsuitable, not needed and not claimable due to my circumstances just to preserve benefits and avoid re-serving eligibility periods. HBF should not be allowed to change prior agreement-contract to suit itself having now realised that the 2010 agreement-contract is not to its benefit. prior agreement-contract has been in effect since 2010 - been effective for 12 years as freely admitted by HBF; HBF now decides unilaterally that it wants to change the terms and conditions of prior agreement-contract without my agreement and consent. NOTE: HBF is still holding onto remainder of monies from 2010 premium left over due to implementation of suspension. 2010 agreement-contract states that this monies is to be applied to policy on resumption.
What is your objective or what outcome do you seek to rectify the alleged breach?
restoration and adherence to original policy suspension terms and conditions as per HBF signed 2010 agreement-contract that allows me to resume suspended policy on my PERMANENT RETURN TO AUSTRALIA not as dictated by HBF. if HBF continues to refuse and breaches the contract, based on the circumstances of this case, is there a statute of limitations? how strong is my case against HBF to seek restitution, compensation, recovery of ALL COSTS and PUNITIVE DAMAGES to strongly discourage further similar bullying? can HBF employees be personally held liable and responsible for conspiring to cause me financial loss and be named as secondary defendant(s)?
need confirmation, based on information provided, as to:
1) do i have a strong case against HBF?
2) what is the statute of limitations based on description of the circumstances of this case or is there even one based on the circumstances described?
3) what are my chances of successfully suing HBF for restitution, all costs and punitive damages to discourage future similar unethical bullying behaviour?
4) can those employees involved and who conspired (those identified in named correspondence - including those uncovered during the discovery process of legal action - AND ESPECIALLY the leader; those who have provided signed written documentation) be included in the legal suit as secondary defendant(s)?
5) how are you able to assist if I were to formally engage your services?
yes/no and/or simple-short sentence answers would be very much appreciated if you deem any detailed answers to be formal chargeable legal advice. i just need basic answers at this stage to decide on how to proceed.
an estimate of what you would charge to handle the case, when it comes to the stage for me to proceed with civil litigation, and brief description of what kind of services you would provide for that charge would also be most helpful.
FULL correspondence trail available.
i've had organizations attempt similar breaches-of-contract before but had been able to logically reason with, make them see sense and have them honor pre-existing agreed contracts but thus far HBF has been the most unreasonable and recalcitrant freely fully willing to engage in sophistry in attempts to reach the outcome it has pre-determined
