Aviva - Are they Financial Ombudsman Service non-compliant?

AndyRoo

Following an insurance claim, incomplete works, damages to my property etc, I took Aviva to the Financial Ombudsman Service. The FoS stated that Aviva had four weeks in order to comply with phase one of their ruling. Aviva have not complied.

My family and I are having to live in a property without a kitchen, without an engineers certificate to say works are of a sufficient standard, with a carpet that they left with concrete on (or some other building sustance), with damp in the dinning room etc etc (i could go on and on). We have been using camping equipment for our kitchen for approx the last 16 months, which is embarassing and impossible to have friends around, which has made me and my family in part social recluses, not forgetting the health issues!

Aviva are aware of all these issues, they are aware they should comply with the FoS ruling. So, at what point are Aviva non-compliant?

Many thanks!

One very unhappy individual!

magpiecottage

I am not sure what you mean by a "phase one ruling" but would guess you are referring to an adjudicator's decision.

If so you need to go back to the adjudicator and tell them you have heard nothing.

[Deleted User]

AndyRoo wrote: »

Following an insurance claim, incomplete works, damages to my property etc, I took Aviva to the Financial Ombudsman Service. The FoS stated that Aviva had four weeks in order to comply with phase one of their ruling. Aviva have not complied.

My family and I are having to live in a property without a kitchen, without an engineers certificate to say works are of a sufficient standard, with a carpet that they left with concrete on (or some other building sustance), with damp in the dinning room etc etc (i could go on and on). We have been using camping equipment for our kitchen for approx the last 16 months, which is embarassing and impossible to have friends around, which has made me and my family in part social recluses, not forgetting the health issues!

Aviva are aware of all these issues, they are aware they should comply with the FoS ruling. So, at what point are Aviva non-compliant?

Many thanks!

One very unhappy individual!

Hi AndyRoo

I'm sorry to see your post. If you can email me at social@aviva.co.uk with the following details

Full name
Date of Birth
Post code
Policy Number
MSE Username (so we can link your email to this post)

I can get this to our claims complaints team to investigate why the actions in the FOS ruling have not yet been carried out.

Thank you

Dave Hyam
Aviva Social Media Support

AndyRoo

Phase one (as i define it): Aviva must get in contact.
Phase two: Aviva pay for an agreed independant surveyor to agree what is already agreed in writing and inspect/comment on the work of Aviva's contractors.
Phase three: pay what is already agreed (although approx £7,000 if not £20,000+ could be paid straight away), pay for the works the surveyor has suggested, and etc.

The FoS are aware. The FoS's said that apparently Aviva told them they would be incontact by phone on a given day, they have not been incontact, the FoS are aware of no contact on that day and proceeding days.

AndyRoo

Hi Dave,

I'll send details within the next few minutes, i'll also keep this post open for updates.

AndyRoo

I'll give credit where credit is due, I received three emails on the 31st from the Aviva Social Media Team. Nothing more has happened that I'm aware of. The last correspondence with Aviva Social Media Team seemed to imply contact or enquiry about the CEO's office, since it informed me that the CEO's office has the details and are looking at points raised.

On face value this might seem successful use of social media etc. It is my view that would be a mistake, since it was the CEO's office that handled my complaint about works following an insurance claim, prior to my case/complaint going to the Financial Ombudsmans Service.

Am I optamistic that Aviva will resolve the building insurance issue with speed? On past experience of dealing with an individual in Aviva's CEO's office I'm not sure. I'll update this thread on Friday whether or not things move forward.

AndyRoo

I mentioned that I would update today.

There has been nothing in the post from Aviva, nor has there been any email or telephone calls. On Monday it will be 7 weeks since the FoS's letter confirming our acceptance of their assessment, and 8 weeks since the FoS's assessment.

While Aviva acknowledge the CEO's office has the details in order to settle, they have not done so or followed up on what I belief was discussed with the FoS.

This begs the followings questions;

What is it about Aviva's CEO's office that we have not heard from them?

Are Santander aware of problems with resolving this insurance claim and or other insurance claims?

Have Aviva investigated Cunningham Lindsey and their contractors, their systems of approval and control and individuals involved, and made changes or offered retraining? If not, why not?

If not, can Aviva consider themselves a modern learning organisation without investigating?

At the moment we're pleased we do not have Aviva car insurance or motor insuranace, Aviva Life insurance, Aviva Pensions, Aviva Annuity or any other Aviva product. Since we have nearly lost all faith in Aviva's willingness to settle amicably or without us not feeling we need to consider higher order action.

Finaly, I am quite conscious that I haven't given background to the insurance claim, what we're claiming etc. I'll try and pull something together over the weekend and pop it on this forum thread.

AndyRoo

Two plus months further on and there is partical settlement. Some items Aviva / Santander paid quickly, others appear as though there are battles to come

In summary, the independent surveyor visited our property, created a report which underpinned our claim. However, elements of the report has been questioned by the insurance company, the nature of the questions we don't agree with. On speaking to the FoS, they verbally agreed with our position.

Example of a contention:

The property became damp inside the fabric of the house, the insurance company have paid for a new damp proof and decorating. However, the damp proof will take upto two weeks, we'll be without a kitchen, lounge and dining room. Additionally, the damp proof sepcialists will remove a radiator, coving and fixed cupbaords and shelves. So far, the insurance appear unwilling to pay for refixing the radiator, replacing the coving, refixed cupboards and shelves, pay for our furniture to go into storage or subsistance/disturbance while without cooking facilities, let alone the belief the we're supposed to live in our bedrooms for two weeks, unless the surveyor provides further comments on those issues. It's fairly logical if things are removed, they need putting back and its doesn't need the cost of a professional to comment.

We've looked at the cheapest options, even offered to move our own items into storage to minimise costs. We just feel something isn't right about their decisions....

That said, in terms of subsistance/disturbance allowance we're not sure what the scales are should we need to pursue this further. Any comments would be welcome..

We didn't mention that we're quite angry, the surveyor mentioned that the property appears to be still moving and needs monitoring for the next twelve months. Of course the insurance company haven't acknowledged that the property needs monitoring..

In affect, this claim is approx four years old, we're been without a normal home and without a proper kitchen for two years in May and we cannot ever remember the insurance company apologising for the loss of two years of or lives..

Captain_Shambolic

Without wanting to give a definitive answer (as there are many that know more than myself on here) it seems like Aviva should be paying to put you in the same position as you were before the claim, which would mean re-fixing the fittings and such. If the FoS have agreed verbally, get them to put it in writing or to contact Aviva.

However don't take the advice as gospel, I'll wait for a better man than myself to confirm or prove me wrong

AndyRoo

Captain_Shambolic wrote: »

Without wanting to give a definitive answer (as there are many that know more than myself on here) it seems like Aviva should be paying to put you in the same position as you were before the claim, which would mean re-fixing the fittings and such. If the FoS have agreed verbally, get them to put it in writing or to contact Aviva.

However don't take the advice as gospel, I'll wait for a better man than myself to confirm or prove me wrong

Before this latest round of payments came through the FoS did say they would speak to the insurance company to ensure the insurance company carry out what they were supposed to do.

The insurance seem to be claiming that as no damage was do by them, they shouldn't have to pay.. but like i said, things need removing as a consequence of damage.