Financial Ombudsman Investigation Query

Rooibos

I don’t know if I’m in the right place and I hope I explain myself OK.
I’ve recently referred to the Financial Ombudsman and they disagree with a point I raised and I wonder if anyone can help?

With the case that I referred to the FO I was initially given a piece of information over the phone (Sept 2014) by the organisation, Aviva, and trusted that information to be correct.
Subsequent to that phone conversation Aviva wrote to me a number of times with various differing information which confused me. This was so frustrating. Whenever I rang Aviva to say, ‘Hello, thank you for your letter. Why is it different again?’ They said, ‘We can’t discuss it.’

I’ve raised with the FO that, because I trusted what was discussed initially over the phone and was blanked by Aviva, I subsequently sought legal and financial advice. The FO now says something along the lines that it was my choice to seek professional advice and that Aviva have always kept to their original remit – No they didn’t, and certainly not from the content of the initial phone call.
Does anyone know whether what is said over the phone carries any weight? I’m sure I’ve come across somewhere that redress is possible when a customer trusts what was said in any initial conversation, taking it to be correct.

If it’s relevant it was to do with a pension claim following death where proceeds were to be paid to my son who is under 18, hence I was dealing with Aviva on his behalf. First of all Aviva said it had to be paid to him at 23 (over the phone), then they said he could have it as an annuity until he was 23, then Aviva were in discussion with the Financial Advisor and solicitor regarding a Trust, then they said they’d only pay into a Bare Trust (whatever that is?). Eventually Aviva paid the pension directly to my son.

barba

The payment of death benefits to a minor is based on legislation and therefore although its a pain that you have been misinformed, there is no possibility that the benefits will be treated on what you were told over the phone.

I would doubt that you would get any compensation from what you have written aside from possible a token payment as a gesture of goodwill.

FBaby

No they didn’t, and certainly not from the content of the initial phone call.

The problem is that this is likely to be a matter of interpretation and they could easily argue that you misunderstood what they told you. Do you have a recording of this or are you expecting the Ombudsman to assume that what you said you understood on the phone was indeed actually what was said?

Newly_retired

If you have gone right through the FO process, and I'm not sure if you have, or just rung to talk it over, then they should have told you whether you have reached the end of the line in your complaint or if you can go higher up the FO chain.

quaybab

The FOS determine what the complaint is actually about and is free to disregard practice, law, evidence, T&Cs etc. This means you cannot guarantee the FOS will consider your phone call.
You can't rely on previous final decisions as a source of remedy to get redress in your case.
I've recently noticed the FOS and the ombudsman service (energy and comms) saying that decisions don't represent precedents.