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  • FIRST POST
    • SJWilliams
    • By SJWilliams 4th Jan 18, 9:13 PM
    • 7Posts
    • 0Thanks
    SJWilliams
    Clerical Medical section 32 Pension policy
    • #1
    • 4th Jan 18, 9:13 PM
    Clerical Medical section 32 Pension policy 4th Jan 18 at 9:13 PM
    Do YOU have a Clerical Medical section 32 Pension Policy? Did they, originally, tell you that they would start paying you the Pension at an age well before age 65? Have they, in recent years, told you that they will NOT now pay you until you reach age 65?

    If you have answered “Yes” to these questions then I would like to hear from you....as I am in the same boat as you and, together, I believe we MAY be able to DO something about this to force them to pay us BEFORE age 65.

    I will explain in more detail if you contact me.
Page 1
    • dunstonh
    • By dunstonh 5th Jan 18, 12:04 AM
    • 92,999 Posts
    • 60,380 Thanks
    dunstonh
    • #2
    • 5th Jan 18, 12:04 AM
    • #2
    • 5th Jan 18, 12:04 AM
    Did they, originally, tell you that they would start paying you the Pension at an age well before age 65? Have they, in recent years, told you that they will NOT now pay you until you reach age 65?
    That has happened where the returns have not been sufficient to meet the GMP and therefore you cannot access the pension early.

    I believe we MAY be able to DO something about this to force them to pay us BEFORE age 65.
    Seeing as GMP is controlled by legislation, you would only succeed in getting it earlier if there is a contract failure.

    I will explain in more detail if you contact me.
    How about you give us the detail on the forum? Asking people to PM you is frowned upon as it is often used by scammers and spammers.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • xylophone
    • By xylophone 5th Jan 18, 12:25 AM
    • 25,574 Posts
    • 15,103 Thanks
    xylophone
    • #3
    • 5th Jan 18, 12:25 AM
    • #3
    • 5th Jan 18, 12:25 AM
    Re Aviva S32

    http://forums.moneysavingexpert.com/showthread.php?t=5439551

    Is this what the OP has in mind?
    • SJWilliams
    • By SJWilliams 5th Jan 18, 11:45 PM
    • 7 Posts
    • 0 Thanks
    SJWilliams
    • #4
    • 5th Jan 18, 11:45 PM
    The details are....
    • #4
    • 5th Jan 18, 11:45 PM
    I’m still learning the “etiquette” of this forum, so forgive me if my message appeared scam-like. It’s certainly no scam!

    I am seeking to get in touch with other Clerical Medical section 32 policyholders as I took them all the way to the FINANCIAL Ombudsman Service over their failure to pay me my pension at age 62 and, to my astonishment, I LOST!

    I lost DESPITE having original sales documentation stating that the pension would begin at the same age as the company scheme (62) ;DESPITE them failing to cover ANY circumstance whereby the pension would not start at age 62; DESPITE my proving that they failed to send me a copy of the detailed PENSIONS PROVISIONS booklet until 8 to 9 montys AFTER the transfer took place.

    I, subsequently, became aware that a Mr Anthony Harris has made a similar complaint...but about AVIVA...and he WON by taking his case to the PENSIONS Ombudsman Service. On learning this, I approached the POS to ask them to review the FOS decision. They have declined to do so because the FOS have already ruled on it. Catch 22 if ever I heard it!

    I am fully aware that the Harris case was decided on condition 7 of the AVIVA Contract being found wanting by the POS and, therefore, of course, the POS may decide that the Clerical Medical Contract has no such shortcoming and may decide that the FOS was right to rule in favour of Clerical Medical. I just want my “day in court”....ie for the POS to LOOK at the matter again but, as I have said, I am being denied that.

    However, when reading the 20 page Harris v Aviva POS decision, I was VERY interested to note that the POS decision-maker states that he ...”respectfully disagreed” with previous FOS decisions made on other AVIVA section 32 complaints.

    So, to conclude, what I am hoping to do is to find at least one other Clerical Medical section 32 policyholder...one who has NOT already taken their complaint to an Ombudsman. If I can find such a person, I would like to assist them in taking their complaint to the POS.

    If the POS happened to find in favour of such a complainant, then maybe Clerical Medical would be forced to apply such a ruling to the benefit of other customers....including me!...just as AVIVA did following the Anthony Harris decision.

    So.....THAT is why I am seeking to make contact with others “in the same boat”
    • dunstonh
    • By dunstonh 6th Jan 18, 1:35 PM
    • 92,999 Posts
    • 60,380 Thanks
    dunstonh
    • #5
    • 6th Jan 18, 1:35 PM
    • #5
    • 6th Jan 18, 1:35 PM
    They have declined to do so because the FOS have already ruled on it. Catch 22 if ever I heard it!
    The Aviva case was reviewed by the POS despite the FOS making a decision and the FOS rejected the complaint but the POS upheld it.

    So, to conclude, what I am hoping to do is to find at least one other Clerical Medical section 32 policyholder...one who has NOT already taken their complaint to an Ombudsman. If I can find such a person, I would like to assist them in taking their complaint to the POS.
    Have you not gone back to the POS and reminded them that they reviewed the Harris case after the FOS ruled and if they do it for one, they should do it for all otherwise it is discrimination?

    However, when reading the 20 page Harris v Aviva POS decision, I was VERY interested to note that the POS decision-maker states that he ...!!!8221;respectfully disagreed!!!8221; with previous FOS decisions made on other AVIVA section 32 complaints.
    it is also worth noting that many still feel that the FOS was right and POS got it wrong and the POS may well change its mind in future cases. These things to tend to be fluid with new opinions coming in later. Things that are affected by legislation and future changes in legislation are not normally required to be documented in the contract. Normally legislation trumps contract law.

    Did you make the FOS aware of the POs ruling on Harris/Aviva and if so, what was their response to that? I would have expected them to comment on why they thought it was not relevant.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • SJWilliams
    • By SJWilliams 6th Jan 18, 5:58 PM
    • 7 Posts
    • 0 Thanks
    SJWilliams
    • #6
    • 6th Jan 18, 5:58 PM
    • #6
    • 6th Jan 18, 5:58 PM
    Yes, I DID point out to the POS that it seemed apparent from their 20 page decision re Harris v AVIVA, that the FOS had previously ruled on that case and they were disagreeing with that decision.
    They wrote back saying the Harris case had NOT been already adjudged by the FOS and that I was misinterpreting the wording of their decision document. The wording actually meant that the FOS had previously decided in favour of AVIVA on OTHER complaints , not that of Mr Harris. If you know different, I!!!8217;d appreciate you telling me.

    Better still, I suspect that Mr Harris himself is contactable on this Forum.... I seem to have stumbled across posts which, i believe, have been written by the man himself...so, this evening, I!!!8217;m going to try messaging him.

    In the meantime I!!!8217;d like to thank you for your continued interest in my quest for !!!8220;justice!!!8221;. If you have any other suggestions, I!!!8217;d appreciate them. For instance, do you know of any other suitable !!!8220;Forums!!!8221; I could try in my attempt to contact another CMG section 32 Customer?
    Last edited by SJWilliams; 06-01-2018 at 6:01 PM. Reason: Wrong company mentioned
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