What to do if unhappy with Pensions Ombudsman

baz8755

For the past 6 months I have been dealing with TPAS and then the Pensions Ombudsman over the mis-handling of my protected rights by Phoenix.

There were a couple of facets to the case and the Ombudsman refused the claim on one part and suggested I submit a new claim on the other. However they state that they would only be able consider the past 3 years and not the full 10 years.

I am obviously unhappy with this and was wondering where I can turn to now?

bmm78

This decision of the Pension Ombudsman is final and binding on all the parties to the complaint or dispute and, can be enforced in the courts.

As far as I'm aware the final decision can only be changed by appealing to the appropriate court on a point of law.

You can check with TPAS for their understanding, but I imagine they will say the same thing.

saver861

baz8755 wrote: »

For the past 6 months I have been dealing with TPAS and then the Pensions Ombudsman over the mis-handling of my protected rights by Phoenix.

There were a couple of facets to the case and the Ombudsman refused the claim on one part and suggested I submit a new claim on the other. However they state that they would only be able consider the past 3 years and not the full 10 years.

I am obviously unhappy with this and was wondering where I can turn to now?

You would be on your own and only option remaining is a potentially expensive one. So, first thing you would need to look at would be cost v benefit.

However, if the Ombudsman has told you to submit a new claim there has to be good reason. If they have not explained their position fully then I would go back to them to find out any further detail required, particularly if you are going to go down another route.

In totality though and without knowing any facts of the case, its a pretty unlikely possibility you will succeed further down the line over and above the Ombudsmans decision.

dunstonh

I'm not sure why the pension ombudsman is involved. I would have thought he financial ombudsman would have been used as its a retail individual personal pension.

However, based on your other thread, you don't really have any grounds for any more than you have been given. Redress is based on loss. You haven't lost anything and the transaction you wanted to do was not possible at the time. Failure to post statements is a clerical issue. So, a goodwill gesture of a few hundred is what you would expect.

You can go to the courts but the court would consider the ombudsman decision and you would need a point of law to overrule them. Servicing issues (like no statement posted) is not a point of law.