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Hi there
i have a Empathy funeral plan and have received an email from them that they have ceased practicing as they are not regulated by the FCA. They want to transfer my plan to Dignity. Or if I don’t wish to transfer my plan I can ask for a refund. I have asked for a full refund of all my money and because I have not cancelled the plan with them I shouldn’t expect a charge. Today I received an email telling me of which they state If you opt for a refund, it is unlikely you will receive all your money. The Trust was not designed for an early cessation of investment and distribution like this, and has not had time to perform and mature.  Therefore, only a proportion of your fees will be available at this time. Surely this is not right. I paid monthly by direct debit where do I stand. Thanks

Comments

  • Marcon
    Marcon Posts: 14,322 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Hi there
    i have a Empathy funeral plan and have received an email from them that they have ceased practicing as they are not regulated by the FCA. They want to transfer my plan to Dignity. Or if I don’t wish to transfer my plan I can ask for a refund. I have asked for a full refund of all my money and because I have not cancelled the plan with them I shouldn’t expect a charge. Today I received an email telling me of which they state If you opt for a refund, it is unlikely you will receive all your money. The Trust was not designed for an early cessation of investment and distribution like this, and has not had time to perform and mature.  Therefore, only a proportion of your fees will be available at this time. Surely this is not right. I paid monthly by direct debit where do I stand. Thanks
    The starting point is that you stand bound by the terms of your original contract. What does that say, if anything, about this situation? 


    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • elsien
    elsien Posts: 35,932 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 October 2022 at 3:31PM
    You have the option of continuing the plan with another provider to get the full benefits, which you have chosen not to take. Without scrutinising the terms and conditions, I can see why potentially cancellation fees could fall into that. Because the plan could continue if you were amenable.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    Hi, have you seen the information in this link -

    https://www.fca.org.uk/news/news-stories/consumer-warning-fox-milton-co-limited-trading-unique-funeral-plans-empathy-funeral-plans-uk

    It really might be worth you contacting the Financial Conduct Authority to ask them about the refund.  Contact details here -

    https://www.fca.org.uk/contact

    I don't see why Empathy has to hang on to any of your money. What they said in their email to you,

    "if you opt for a refund, it is unlikely you will receive all your money. The Trust was not designed for an early cessation of investment and distribution like this, and has not had time to perform and mature.  Therefore, only a proportion of your fees will be available at this time." 

    appears to apply to a case where the customer has decided to opt out and request a full refund. It doesn't seem to be appropriate for the situation Empathy Funeral Plans is in right now.

    Here's their website. https://empathyfuneralplans.co.uk/

    It doesn't say they're bankrupt. Yet. So why not repay the money they have taken in full?

    I'd continue to pursue this and try to get all my money back. First start with the FCA and see what they advise.
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • lincroft1710
    lincroft1710 Posts: 18,867 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    MalMonroe said:
    Hi, have you seen the information in this link -

    https://www.fca.org.uk/news/news-stories/consumer-warning-fox-milton-co-limited-trading-unique-funeral-plans-empathy-funeral-plans-uk

    It really might be worth you contacting the Financial Conduct Authority to ask them about the refund.  Contact details here -

    https://www.fca.org.uk/contact

    I don't see why Empathy has to hang on to any of your money. What they said in their email to you,

    "if you opt for a refund, it is unlikely you will receive all your money. The Trust was not designed for an early cessation of investment and distribution like this, and has not had time to perform and mature.  Therefore, only a proportion of your fees will be available at this time." 

    appears to apply to a case where the customer has decided to opt out and request a full refund. It doesn't seem to be appropriate for the situation Empathy Funeral Plans is in right now.

    Here's their website. https://empathyfuneralplans.co.uk/

    It doesn't say they're bankrupt. Yet. So why not repay the money they have taken in full?

    I'd continue to pursue this and try to get all my money back. First start with the FCA and see what they advise.
    Because all organisations have running costs and part of the premiums will go to funding those costs. So the company will no longer have 100% of the premiums paid
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • I've just been informed we're getting 4% of what we paid in to Empathy? Where has all the money gone? They never evern informed me they'd ceased trading and I continued until October 22. Surely this is criminal? OHaras refuse to answer the phones and have basically informed me there's nothing to be done. I'm going to OHaras personally and I'll take this story to the press!
  • elsien
    elsien Posts: 35,932 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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