More (draft or has it been submitted?) crookedness from Aviva and pals at Linklaters?

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  • Kynthia
    Kynthia Posts: 5,665 Forumite
    First Post First Anniversary Combo Breaker
    agarnett wrote: »
    Sorry Kynthia - typo. Fixed just for you.

    Anything you wish to comment on, on topic?

    Thank you.

    While I have gained a lot of knowledge about retirement planning, the state pension, tax, etc on this board I have zero experience of DC pensions and investing. Therefore I'm afraid I have little understanding of the topic being discussed, but hope to learn as I go.
    Don't listen to me, I'm no expert!
  • How do i find out which fund my section 32 policy is in from 1991?
  • jamesd
    jamesd Posts: 26,103 Forumite
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    edited 16 May 2017 at 1:41AM
    It is of some concern that Aviva appears to be lying to some customers at times. An example is the description "Current and new names of the affected Friends Life BlackRock Aquila funds" text at Changes to Friends Life BlackRock Aquila funds which appears to be intended to mislead customers into thinking that it's just a name change when there are really going to be differences, as those who are not misled will discover if they follow the link to more information.

    In fact, the depository and custodian, manager and administrator for the funds will all be changing, with those roles and presumably the associated revenue leaving Black rock, which will retain the fund management brief.

    The Questions and answers document has this claim: "7 Will there be an increase in costs on
    the affected funds? ... There will be no additional costs to customers." That claim may be misleading if there are additional costs borne by the funds that come out of their total return, though there are assorted further claims about Aviva bearing all of the costs.

    The letter to with profits policy holders which references the main Aquila page in essence contains the same lie: "We are renaming some of our funds which invest in BlackRock Aquila funds to reflect our move to the Aviva brand. We will remove the word ‘Aquila’ and, in most cases, we will add ‘Tracker’ to the affected fund names. There will be other changes to how these funds operate but these will have no effect on you".
  • agarnett
    agarnett Posts: 1,301 Forumite
    edited 16 May 2017 at 11:40AM
    Thank you jamesd for the spot, and particularly for reminding us again of the library link on the Friends Life website. I guess there must be a similar one on the Aviva website, but I haven't looked hard for it yet because there is so much to read.

    However, we see that going forward, court dates have been set for 13 September in London, and again two more dates for Guernsey and Jersey Courts (the latter two hearings no doubt being a Bergerac / Charlie Hungerford's mates type shoo-in).

    Anyway, I have been dipping into some of the huge documents left on the Friends Life website for any policyholders who pitch up in the right place.

    One in particular is the so-called Independent Expert's Report drafted by and Ernst & Young employee who makes no bones out of the fact his firm runs a number of projects for Aviva. Now that's good old City independence for you :rotfl:

    He seems very comfortable to sign his name to having no concerns. I suppose if your back is covered by EY and by Aviva and you get paid well, you can sign anything you like and your employer likes and your employer's customer likes during your employ. Hell, if the money is good, you don't even have to like it. You can always repent later in comfortable retirement.

    I myself have even signed on behalf of a live Aviva company. Hasn't anyone with a degree of financial services experience? They are Soo...oo, so big - you can't really avoid bumping into them in the City. No? Perhaps not. Well I can tell you it is very easy. You find out from your employer what the document you are to issue is supposed to look like, you arrange for it, and double check that it does, and then you sign. And you get paid for it. Next?


    The closest I have found so far to a detracting feature from the Independent Expert whilst dipping into dear David's very own 200+ page report full of acronyms which his employer's customer no doubt bid him to use, is that he has noted something awry in the consistency of the accounts for the Aviva WP fund as published last year and the accounts as they are declared for the purposes of the Part VII transfer.

    When I was taught how to write balanced reports about insurance risk, I was taught to temper a balance between commenting upon desirable risk features with comments about less desirable features.

    David King FIA seems to have no concerns about everything in the garden cos it's rosey. Maybe at EY they issue special glasses.

    However, much to my surprise, he states he relies upon Aviva's own for there being a good reason for the difference. I cannot help raise an eyebrow at the irony of someone claiming to be an independent expert and one employed by one of the world's very largest accountancy practices at that, who notices a discrepancy in the accounts and then waves it through trusting those who created the discrepancy - as you do I guess if you wish to run with the hounds in the City these days? Maybe I read it wrong - he used a lot of words to say what he said - but I don't think I did.

    Oh well, lot's more reading to do now as an AXA/Friends Life WP policyholder, and yet to discover the hopefully somewhat mirrored version on the aviva.co.uk website library round the back somewhere to satisfy my concerns as an NU/Aviva WP Section 32 Pension policyholder - a pension which originally was a DB Scheme with funds in yet another Aviva company that appears in all this bumpf (under a new name of course and new acronym to go with it).

    Meantime, I do thank David King FIA for an update on my own uniqueness at the so called CGNU/CULAC Aviva UKLAP 2009 Reattribution Scheme (which incidentally is a previous High Court and Policyholder Advocate approved scheme which is proposed to be unceremoniously dumped as part of this Transfer - just a transfer? My R sss !) ...

    Yes, I thought I was part of the 13% of the CGNU/CULAC WP Policyholder base who said up yours to the 2009 bribe (apparently it wasn't a bribe - it was a 'PIP' - Aviva Customer Service staff please note) ... So an update as I was saying - I find out now from David that I was in fact part of not 13%, not even 12%, but a pathfinding 11.75% of the policyholder base who said up yours in 2009.

    I also said up yours to AXA in 2001 so I guess I might claim to be one in a hundred or maybe one in ten thousand who has been intimately involved in two reattribution scams, and saw straight through both at the time ...

    I can see through this latest scam too - currently my Section32 transfer values are quoted with an extra 9% on top which reflects my special status as a up yours type customer - it is currently worth around five grand plus - what will happen to that when the WP Committee and UKLAP board review it in December after the proposed reorganisation having dumped the 2009 Reattribution Scheme and its Old With Profits Fund Inherited Estate review requirements? I was offered a bribe of less than a grand in 2009 to hand over my 90% right to investment returns on inherited estate. A suddenly disappeared 500% growth rate in the guise of a unique bonus on the amount of the 2009 "Policyholder Incentive Payment" I refused, ought to ring alarm bells at FCA PRA HMG and the Courts, but will it?

    ex-pat scot with his Aviva Staff Pension Scheme membership subsidised by regular raids on inherited estate in my With-Profits fund will no doubt find more guilty pleasure in that question.

    You see you probably have to have been around With-Profits policies on both sides of the fence and maybe bought a few in your time in order to understand how corrupt the funds have become. I have had eight over the decades with three different original providers. All of them ended up on Clive Cowdery's/Andy Brigg's Resolution radar. And who is in charge of this latest?
  • steampowered
    steampowered Posts: 6,176 Forumite
    First Anniversary Name Dropper First Post
    agarnett wrote: »
    So what can you tell us please whilst it is so clear in your mind?

    I can read and understand the Aviva document. But I can't read and understand your posts. Your logic is not clear.

    If you can't clearly explain something in a single sentence, you don't understand it properly.

    If you are feeling aggrieved at the fact that Aviva is transferring its business to other companies within the same group, you should be able to concisely and clearly explain why.
  • agarnett
    agarnett Posts: 1,301 Forumite
    edited 16 May 2017 at 2:01PM
    As I implied previously, you are writing here on this thread like a kid, steam-powered. Why? Grow up, and then maybe you will one day thank your lucky stars when you want to get some higher education that we got a Labour Government on 8 June 2017 that promises to abolish tuition fees.

    The sad thing is that I deduce elsewhere that you already got some, so maybe your intention here is just to spoil and rubbish very valid and major concerns. Again, why?

    Meantime, I am becoming more and more astounded at the tangle of the tentacles certain actuaries have had wrapped up in enormous rafts of companies. Actuaries are supposed to be trustworthy professionals. They have long occupied pedestals supposedly earned through possessing very superior skills in sophisticated mathematics! Why now are mathematicians so regularly required to direct companies? Is it a fact that basically actuaries are more often now totally mercenary, and are in fact "experts" for sale? Wolves in sheep's clothing? Foxes in charge of henhouses?

    Should we consider them just as responsible for the worst excesses of the financial crisis as the traders? I noted one of the actuaries named earlier in this thread served on an AIG company board. AIG cost Obama's administration (and all of us) an absolute packet to bail out! Or are actuaries far more resilient than traders - a bit like Logan/Wolverine ? Are they closer to the profiles of actual Mister Bigs who plan crisis as a means of cracking open funds, and opening them up to asset stripping schemes like the 2017 Scheme as a means of siphoning off our wealth whilst we are encouraged to believe that consolidation and change is necessary for our benefit?

    Actuaries are not company secretaries. It is company secretaries whom in my experience were the most likely to serve as officers on multiple sub-boards within parent companies - for fairly obvious reasons. But actuaries? At one point a few decades ago, in-house accountants were often destined to rise to the top of the heap. But actuaries are not typical accountants, nor even accountants at all. So why in the context of this thread do they crop up as directors of so many companies - shell companies in some cases?

    I note Andy Briggs is an FIA too, and he's been a director of over 50 companies including a dissolved shell company which even unashamedly has the word "shell" in its name (and is nothing to do with petroleum spirit!)

    Even Bloomberg.com can't even keep up with the tangle - at the top of this article (expand link to 'Read Full Background') they say Andy Briggs has been CEO at Friends Life Group Limited since June 2011, and near the bottom they say he has been a director of Friends Life Group Limited since March 2013 - !!!!!!?

    And within one click there's even a Goldman Sachs connection who served or still does serve (I can't quite tell) in Aviva Grupo :eek:

    What's of interest to Goldmans in Aviva? Oh yeah, right ... silly me ...

    What's really going on? Maybe this was the clue earlier last month ... http://www.proactiveinvestors.co.uk/companies/news/174528/aviva-the-lean-mean-cash-generating-machine-174528.html
  • bowlhead99
    bowlhead99 Posts: 12,295 Forumite
    Name Dropper First Post First Anniversary Post of the Month
    agarnett wrote: »
    As I implied previously, you are writing here on this thread like a kid, steam-powered. Why? Grow up
    Whereas you are writing like some old codger who's losing his marbles, lashing out with contempt at those that attempt to converse with him; his signature move is to shake his fist at them while stammering, "Git Orff My Laaawn!"

    Not sure that makes you the better man. Just a cartoon villain that nobody takes seriously any more as he has bandied around more insults than they've had hot dinners. Your namesake on TV was taken off the air for being a parody of a person offensively out of touch with the world, but here you are, keeping the legend alive.
    and then maybe you will one day thank your lucky stars when you want to get some higher education that we got a Labour Government on 8 June 2017 that promises to abolish tuition fees
    We didn't.
    I note Andy Briggs is an FIA too, and he's been a director of over 50 companies including a dissolved shell company which even unashamedly has the word "shell" in its name (and is nothing to do with petroleum spirit!)
    So if he sits on the board of more than one company he's a bad guy, and if he dissolves a dormant shell company he's a bad guy. I guess some people just can't find a way into your heart whatever they do.

    How many businesses have you been a director of? Maybe you weren't thought bright enough because you dismissed everything as gobbledegook, so they quietly let you out the door instead of promoting you.
    Even Bloomberg.com can't even keep up with the tangle - at the top of this article (expand link to 'Read Full Background' they say Andy Briggs has been CEO at Friends Life Group Limited since June 2011, and near the bottom they say he has been a director of Friends Life Group Limited since March 2013 - !!!!!!?
    Hmm, it's almost as if media outlets that create such pages for free by robotically scraping things off internet links here and there - without input from the company concerned or from authoritative sources - might somehow be fallible. Who knew!
    What's really going on?
    We look forward to your putting two and two together and making five, then telling us, in your own inimitable fashion. It certainly brightens up a dull day!
  • agarnett
    agarnett Posts: 1,301 Forumite
    How many businesses have you been a director of bowlhead99? Why is yours a dull day without my input? Shells are indeed a bit boring to count and maybe they smell a bit of fish? Hopefully your days are more colourful than that!

    Maybe yes I can put two and two together and make more than five. How many can you make?

    Look, I have had to spend far too much time already looking at this because you MSE regular pension adviser/commentator types seemingly cannot be R ssed to do so.

    My summation right now is that the 2017 Scheme as they are calling it at Aviva is just as big a reorganisation as the 2001 Reattribution scheme at AXA and the 2009 Reattribution Scheme at Aviva. It looks to me as if it is probably another Reattribution by the back door, and just a month or so ago Mark Wilson promised some kind of return of capital to share holders. What capital? Where from?

    Both the 2001 and 2009 schemes cost policyholders a huge amount of money. MSE had barely got started in 2001 so Which? magazine were the champions who smelled a rat and tried to stop AXA. But at the time the 2009 Aviva scheme was being touted, at least one of the regular MSE pension adviser crew actually encouraged policyholders to sell their rights to further investment returns for a pittance (probably unwittingly - clueless as to what was really going on).

    You are effectively doing the same clueless bit, bowlhead99 if you rate yourself as a pensions adviser of any ilk. Did you ever see the enormous documents sent by AXA to Policyholders around 2001, and the even bigger documents sent by Aviva to policyholders over a two year period up to 2009? Have you ever analysed how the communication of updates of the performance of our AXA and Aviva WP pensions changed enormously post those schemes - how they became scarce, over thin on data, non-regular, and more and more opaque? I don't think you could have done else you wouldn't be responding the way you are.

    This latest has all the hallmarks of exactly the same sort of heist, except this time, they are attempting to strenuously avoid calling any part of it a reattribution. If they did, that'd mean they'd need a Policyholder Advocate again, and this time, they wouldn't get away with pulling the wool.

    The words of the new background reports offered to policyholders on the Friends Life website, but seemingly only to advisers on the Aviva website, is mealy-mouthed. The truth of the intention of the proposed scheme lies between the thousands of lines, not in them.

    I think my current Aviva UKLAP (Aviva Life & Pensions UK Limited) WP Sub-Fund is proposed to be designated a "Closed Fund", (and maybe even UKLAP itself?) yet my Sub Fund (OWPSF) ontains at least £800,000,000, plus bits of it I think ended up supposedly "ring-fenced" by previous schemes and placed outside of it in other sub-fund containers within UKLAP. I think I'm reading that all previous "Schemes" affecting UKLAP WP including the 2009 Reattribution Scheme are being voided.

    Now hear this:

    The 2009 Reattribution Scheme currently results in me receiving a 9% higher transfer value than any of the 88.25% of CGNU/CULAC policyholders who accepted the paltry bribe in 2009. That's over five grand. On 2 October 2017 if I request a new Transfer Value, will it be the same as on 30 September 2017 i.e. 9% higher than the majority of policyholders who got tipped into the New With Profits Sub Fund??

    And hear this too:
    In 2001 I declined a less than £400 bribe from AXA and effectively said up yours to the 2001 Reattribution Scheme. That scheme has so far resulted in me receiving some seven grand more in attached bonuses than I would have if I had accepted the bribe. They add something every 5 years at a review defined by the 2001 Scheme. If that Scheme is voided too, do my special distribution bonuses on that one get knocked on the head also?

    That's just two examples of my reasonable policyholder expectation being tossed carelessly to the wind by Aviva.

    I think the first thing the High Court should do is to toss the so called Independent Expert's Report to the wind, and take all actuarial opinion, especially from Aviva themselves, with a healthy pinch of salt.

    So this proposed "2017 Scheme" needs serious collective opposition, and the only credible opposition in the current day is a Martin Lewis led MSE.
  • agarnett
    agarnett Posts: 1,301 Forumite
    I just had to come back and add this from the original brief from Aviva to the "Independent Expert":
    Reliances and limitations
    In preparing his Report, the Independent Expert will request documentary evidence to be provided by Aviva Life. He will review the information for consistency and reasonableness using his knowledge of Aviva Life and the UK life assurance industry more generally, but not seek otherwise to verify it. Furthermore, he will have access to, and undertake discussions with, senior management of Aviva Life. He will place reliance on statements by senior management.

    The Independent Expert’s analysis of the reported financial strength of AIPL, FLL, FLP and UKLAP post-Transfer will based on the companies’ financial position as at 31 December 2015 as set out in their 2015 regulatory returns to the PRA (the supplementary report will be based on YE 2016 to take account of known changes post year-end), and of the companies’ estimated Solvency II position as at 1 January 2016. He will not check these financial statements, but rely on them in carrying out his analysis. Although he will not check the figures, he will ask senior management for clarification of any results that seem inconsistent or unclear.
  • steampowered
    steampowered Posts: 6,176 Forumite
    First Anniversary Name Dropper First Post
    Checking Aviva's financial statements is the job of their auditors, who are PwC. Not the job of the independent expert appointed to prepare the report.
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