Aviva Medios Healthcare - are we being treated fairly?

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Comments

  • alanjg1
    alanjg1 Posts: 12 Forumite
    I would second what 02Jim said.
    If someone with experience in these matters could draft a template of a reply, it would be most helpful.
    I don't intend to accept this derisory offer but would like to have a well presented letter with which to indicate my rejection of it.
    Many thanks.
  • mwng
    mwng Posts: 31 Forumite
    First Anniversary Combo Breaker
    I've had a similar answer.
    I will not be accepting this and would urge others not to either.
    It leaves Aviva free do do whatever they choose in the future, and IMO given their current form they will undoubtedly drive a horse and cart through all their prior commitments the moment they think they can get away with it.
    Does ANYONE know if Aviva are having their collars felt by the FCA on this?
  • Seems we are all set on fighting to stop Aviva killing our policies.

    Initially, some might need to talk to the adjudicator to understand more about particular issues that bother them.

    For the rest of us we either

    - make our own submissions WITH NEW ARGUMENT AND/OR NEW EVIDENCE to the Ombudsman to change the Mr D decision

    Or

    - go in on the back of the big hitters and rely upon their unseen argument/evidence.

    Probably, most of us have no choice as we have no new argument and/or no new evidence, so we must go with the big hitters who have brought everything to our attention and made us realise what Aviva has done to our policy.

    If we go with them we do not want our cases reviewed by the Ombudsman first, otherwise we will have burnt our bridges.

    We have to be upfront with the adjudicator and tell him we want the big hitters to present on our behalf through their case going first.

    That is our best chance. The big hitters would not be having a go and putting the effort in unless they believe success can be achieved.

    If they fail,we will still have the opportunity to put our own case.
    If they succeed, we will be told what to say to win, as by then secrecy will no longer be important.
  • PMW2012
    PMW2012 Posts: 23 Forumite
    I have been following the responses received since the FOS final decision for Mr D.


    Although a judgement has been made it is very evident that AVIVA have argued that every single case needs to be dealt with on an INDIVIDUAL basis "my decision is based on whether Mr D has been fairly treated in his INDIVIDUAL circumstances" so if AVIVA wish to play it this way everyone should ask for their own cases to be handled "individually" without the FOS using Mr D's case as a precedent I suggest?


    What is also interesting is that the judgement states no less that 5 times that the majority of the complaint "falls outside their remit/is a matter for its commercial judgement".


    In view of this every complainant should be encouraged to copy all details of their complaint and outcome to the FCA whose responsibility it is the ensure "that there should be a satisfactory outcome to complaints from policyholders"

    It is also the responsibility of the FCA to deal with any aspects of alleged mis-management, for example, the fact that "AVIVA indicated that the policy had been underfunded for a number of years.....I did find it surprising that therefore they only made increases at the 2012 renewal"


    In answer to mwng's question, yes the FCA are aware of this issue.


    There are certainly a number of well qualified members of this blog, with a legal background, who I am sure will be following up now on their cases with a different approach to that of Mr D and which will need to be dealt with in accordance to the information they provide about their own case and I hope that they will post the result of their efforts on this blog for the benefit of the rest of us.
  • It seems to me that we have to follow the big hitters.
    We have got to make sure our cases are not dealt with first.

    The Mr D lead case is about his individual circumstances.
    However, it is based on principles that have been and will be applied to us all.
    That is why we all got the same letter with offers not much different from each other.
    Only new evidence and/or new argument will change the Ombudsman's decision.
  • I am not sure about the new argument or new evidence.

    Something has happened that we have yet to discover as we all know we have been wronged. Somehow that has been made to disappear.

    Maybe that is because Aviva has occupied centre stage with the Ombudsman and therefore has sold a convincing "story" that has left us with a massive uphill struggle.
  • The one thing all policyholders have learnt to their cost is that Aviva cannot be trusted.

    It would be surprising if Aviva had not used it's centre stage opportunity to hide and distort the truth.

    We must make sure that the truth comes out.
  • I have recently become aware of this forum and am a Medios policyholder. Has anyone considered using the Freedom of Information Act to establish exactly what information on these policies is held by FOS and FCA?
  • I have not tried the Freedom of Information Act approach and maybe it could help.

    Biggest problem is the adjudicator's obvious desire to close down the investigation through applying principles set out in Mr D's case. Anything extra is dismissed or thrown out without too much thought by the adjudicator.

    Aviva seems to be hero worshipped. Any anomaly, gap or unanswered question is airbrushed to nothingness. Fairness seems a long forgotten concept.

    Reasonable expectations set out in the Mr D pronouncement make actual events unrecognisable. Hopefully the professionals amongst us can communicate this to the Ombudsman in an understandable manner.

    We all know Aviva was dishonest to and misled Lawton’s MP, a Government Minister.
    Therefore we have to ask
    - what hope for us?
    - what trickery and dishonesty has Aviva brought down and inflicted upon us?

    There are some big headlines here – AVIVAGATE- if this can be uncovered.
  • We have been advised by various posts to send our complaint to the FCA.

    I have just phoned the FCA this morning and they tell me they do not handle complaints from the public.

    Can anyone let me know if they have been successful lodging their complaint and if so how I can?

    A name at the FCA and address would be useful.

    Thank you
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