problems with a joint endowment, it should have been transferred to my name

holly_hobby

dunstonh wrote: »

It would be very harsh to put this at the door of the broker. I would look more at the solicitor as they are there to ensure everything is done. All cases where I have dealt with divorces have seen the solicitor chase or ask for confirmation of things being done.

The solicitor is the one that finally tells you when everything is complete.

I agree with you Duns. if the broker wasn't handling the assignment - but it does appear from the OPs info that this exercise was being facilitated by the practice, at the courts instruction i.e - " so my broker was instructed to perform the deed of assignment, this was also written into the statement of facts prior to the divorce". Further supported by the Broker apologising for not advising the OP that the assignment had not completed, due to the ex's failure to return the doc correctly executed.

So, in my opinion, I do believe the broker is at fault in this particular instance.

However, that doesn't solve the OPs issues or will get the matter resolved, however I would certainly push for any additional legal costs incurred, as a result of their failure to adhere to court directions of facilitaing and putting in place the reqd deed of assignment.

Hope this helps

Holly

dunstonh

I agree with you Duns. if the broker wasn't handling the assignment - but it does appear from the OPs info that this exercise was being facilitated by the practice, at the courts instruction i.e - " so my broker was instructed to perform the deed of assignment, this was also written into the statement of facts prior to the divorce". Further supported by the Broker apologising for not advising the OP that the assignment had not completed, due to the ex's failure to return the doc correctly executed.

It depends on the interpretation of the comments (in assuming the OP has presented them correctly). The broker may have been under the impression that they were just supplying the forms. Personally, I have never been put under any legal liability to get assignment forms completed and would not accept such liability. I would certainly supply and help out but I am surprised that a court would put an adviser under such a requirement. Apologising for not getting it down doesnt mean the adviser was at fault. You know how easy it is to say sorry about something without it actually meaning that you are at fault.

So 2 weeks ago I rang Prudential to cash the policy in (lets face it, endowment policy's are going nowhere these days).

Are you sure? Pru bonus rates are typically higher than savings accounts and they have a very good record.

magpiecottage

I think for a complaint against the broker to be upheld you would have to prove negligence on their part.

I can envisage a court requiring some kind of assignment but I doubt it would place the burden onto a broker who was not a party to the case. Insurers do supply certain standard documents which a broker could supply as a favour but would be entitled to assume that both sides' solicitors were then dealing with it.

I also think that the apology from the broker amounts to an expression of regret rather than an admission of liability.

geordie_e

I do have paperwork from the broker regarding discussions that took place after my marriage broke down in 1997

It was agreed with the broker that the best thing was to leave the life cover in joint names but transfer the soul rights to me.

It was the broker that wrote to my ex-wife with the forms.

He has admitted that for some unknown reason the case was not completed and I wasn't informed of the outcome. I suppose I should have chased it up but at the time I didn't.

Anyways, tonight I was thinking, What if I didn't know or had no contact with my ex....... How am I to get the paperwork completed ??

Thanks for all your help so far

Geordie