Section 32 problems gmp and aviva

persistancepaysoff

Can you give a link to what you say on Mail Money website?

Lekkguy

If I knew how to I would!.

Lekkguy

Well just tried to post a link but,apparently as new user I am not allowed to post with a link!.

waterstar

persistancepaysoff wrote: »

Can you give a link to what you say on Mail Money website?

I think this might be the Mail Money website that is being referred to. It is an article written in Feb 2014 and the most recent comment "2 months ago" (presumably Jan 2016) refers to

" A Mr. Harris, unsatisfied with the outcome of his complaint to the Financial Ombudsman, took his complaint to the Pension Ombudsman who, in December 2014 overruled the Financial Ombudsman's decision and stated that the terms of his policy clearly stated pensionable age was 60, not 65, and that the policy conditions as written gave no indication that Aviva could use the excuse of an insufficient funds to delay payment of the GMP to age 65. That decision should have prompted a review of all Norwich Union Policies but it clearly has not done so as Aviva are still standing by their view that they can delay payment. Even worse is the fact that now the Pensions Ombudsman is now refusing to accept claims from other Sect 32 policy holders. "

http://www.thisismoney.co.uk/money/pensions/article-2566539/Aviva-threw-retirement-plans-disarray.html

Lekkguy

That's the one!.

HelpAtHand

I think the comment referred to can't be taken as gospel - it's really only hearsay.
But, if the comment is true and they're not taking any more complaints ....
1) Can they 'legally' refuse to investigate?
2) They found in favour of Mr Harris. Others with the same policies are still being denied benefit by Aviva. Why do they not want to take any more?
3) Worth repeating '2' - Why do they not want to take any more? Have a think about it.

persistancepaysoff

Just a point of correction. The route of my complaint was:
Aviva - then Pension Advisory Service - Then Pensions Ombudsman.

I saw my complaint as an administration issue not selling. I never have lodged a complaint with the Financial Ombudsman for this reason and would not recommend this route even now. The fact that the Pension Ombudsman made his ruling in my case may mean that others with the same issues need not go through his office again for the same ruling. This does however rely on Aviva respecting and applying his ruling in similar cases themselves. Is this likely to happen????

Tractorjockey

I'm in the same position with Equitable Life, I presume, having read the original contract, that clearly states my retirement age as 60, I could also pursue this with the Ombudsman. Any thoughts ?

xylophone

I'm in the same position with Equitable Life, I presume, having read the original contract, that clearly states my retirement age as 60,

How clearly? See below.
https://www.pensions-ombudsman.org.uk/wp-content/uploads/PO-2269.pdf

Tractorjockey

Hi Xylophone
Thanks for taking an interest, I think I got over excited reading this thread, have dug into the small print and found
"where the plan includes a liability to pay a GMP then this may impose restrictions on the benefits available from the plan for example:
- the date from which benefits can be paid "

Also found "the plan will be written to provide benefits from the date on which you would have received a pension form your previous scheme" (i.e.60)

I guess the former overrides the latter.