What compensation do you think I would/should be able to claim?

Gibdan

I wrote at some length on here recently about trouble I'd had with AVIVA in receiving my S32 pension.  Very briefly what happened was I was provided with a quote and forms to complete for the option I wished to choose mid December.  My wife has been seriously ill and all of December was taken up going back and forth to hospital so I didnf't have chance to  really look into the options listed in the paperwork.  After the New Year I then started my investigations only for it to be confirmed that there was insuffcient funds to provide a cash lump sum and that the monthly pension was the only option open to me.  I completed the appropriate form and returned it to AVIVA just a little before mid January.  A few days later I rang AVIVA to check they had received my completed documents.  My 65th birthday was 1st February.  AVIVA advised me that they had the completed form but it would be NOT be processed in time to be paid on 1st February, which I accepted as I had been tardy in getting the form back to them.   They stated that TWO payments would be in my bank account on Monday, 2nd March.  So they had approx. SIX weeks to process it and make the payment.  

Well the week leading up to 2md March I was looking out for a letter advising that everything was processed and payment would be in my bank on 2nd March.  I left it until Monday, 2nd March, to check my bank account and to see if any letters arrived.   I received NOTHING from AVIVA.  I immediately rang them to complain and was told it was still being processed but that a Complaints Analyst would call me within the next 48 hours.  She rang me on the afternoon of Tuesday, 3rd March, and I registered my complaint.  To be fair, the girl was helpful and through many emails last week and this week assured me that the reason for the delay was because 'someone' in the processing team had queried whether the plan WAS, in fact, FUNDED which would have given me different options.    Anyway, just yesterday, she informed that the plan was NOT funded and that I would be due to the monthly pension I originally opted for.   She says she will have an answer for me as to when I can expect payment by this Friday, 13th!!!! March.   I told her that I was NOT happy because of the emotional distress this had caused me, on top of my wife's health problems, only to be told that everything is 'as was' but that it is likely to be two months down the line from the due date when  I finally get any money.   What a fiasco!!   I told her I would be pursuing some sort of 'compensaiton' and she acknowledged that.

Do you think I should get any compensation for this?    What do you think AVIVA's reponse will be?   I would be very grateful for anyone's advice on this

Many thanks in advance.

xylophone

The administration has been very poor and Aviva have acknowledged this.
https://forums.moneysavingexpert.com/profile/comments/Gibdan
You have already made a complaint which is apparently under investigation.
They must give you a formal response and may well offer compensation - you can decide on the next steps after you have a formal response from Aviva.
It seems likely that you will receive three months worth of pension around early April - let's hope so.
Any longer delay just adds to the strength of your complaint.
You will be provided with details of how your pension was calculated?

Gibdan

Many thanks Xylophone.  You seem very knowledgeable about pensions per se.   Have you any idea what they would normally offer in terms of compensation for in a case like this?

xylophone

You seem very knowledgeable about pensions per se. 

Just a personal, non-professional interest.

Have you any idea what they would normally offer in terms of compensation for in a case like this?

None at all, I'm afraid. 

If they make an offer of compensation, which seems likely since  the delay in your pension payments has caused you worry and inconvenience, you will need to decide whether you consider the offer fair.

Gibdan

Xylophone - Many thanks for all your advice.  Yes, it was particularly worrying as until yesterday I didn't really know what the 'problem' was.  So for 9 days I was wondering if perhaps there had been a miscalculation in the monthly amount I would receive and it would be a lot less than I had been quoted!  VER?Y worrying!

xylophone

Many thanks for all your advice.

Suggestions and comments --- advice not permitted on the forum!

Gibdan

*comments!!!

kinger101

Compensation is given to cover any consequential losses that you may have that were foreseeable as a result of someone else's failings.  If you have these, you should document them.  Any money you want on top of that would be a goodwill gesture.

I'm not saying that you don't deserve something for the troubles they've caused.  Just that this isn't a grounds for payment in itself.  So if you consider their offer derisory, claiming you're entitled to it won't get you far.  Mentioning you like broadcasting your grievances in letters to the money sections in newspaper (and certain internet fora) might. 

Brynsam

It must have been a real pain for you, particularly at such a worrying and distressing time for you. You do need to be realistic about the likely level of compensation. The Pensions Ombudsman would take the view that you are entitled to be reimbursed for 'actual financial loss' which has been caused wholly by Aviva's maladministration, plus (possibly) a further payment for 'distress and inconvenience'. The former is a matter of fact (and you would need to be able to show your loss arose directly as a result of Aviva's maladministration); the latter is normally fairly modest - £50 to £100 would be my best guess, based on what you have said.

Gibdan

kinger101- very useful suggestions/comments.  Many thanks

Gibdan

Brynsam - Many thanks for the comments.   I was prepared for a rather derisory offer as I have suffered no financial losses.  We'll see.  However, £50--100 won't cut it and I will 'mention' my intention to spread the word far and wide re. the lack of service I received!!!