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  • FIRST POST
    • db570uk
    • By db570uk 14th Apr 18, 9:32 PM
    • 31Posts
    • 7Thanks
    db570uk
    Misold Aviva life Insurance with critical illness component via a telesales Life Insurance Broker
    • #1
    • 14th Apr 18, 9:32 PM
    Misold Aviva life Insurance with critical illness component via a telesales Life Insurance Broker 14th Apr 18 at 9:32 PM
    I was telephoned by a telesales life insurance broker (June 2016) who was selling life insurance. I have had past testicular cancer 12 years ago and living with hormonal problems.

    I entertained the idea of seeking a life policy to get an increase in sums insured for potential change in my circumstances with regards to covering a future mortgage.

    The broker is called Theid Ltd and are based in Manchester. The salesman took basic details and bank details and was a Jack the lad character, the cover sailed through with Aviva without me being told. I thought I would get an illustration of my answers to questions I was asked over the phone. I was alarmed to find out the policy had been in place for a year (wasnt expecting this outgoing so was shocked to find money was being taken each month) I couldn't remember authorizing the policy to be put in place and called Aviva. Aviva as suspected had a whole raft of inaccuracies on their database from the submitted application form submitted by Theid Ltd. This included inaccuracies with personal details (home address etc), medical conditions (was not fully declared based on basic questions asked by the broker), even the answers given were inaccurate/lies by the broker such as questions relating to conditions suffered by family members.

    The Aviva member of staff tried to convince me after changing my personal details to be correct that I have a valid policy. I explained to them my medical conditions and I cannot be certain they have added them to my live policy. I imagine they now know I have a misold policy and are happy for me to continue paying them and Theid Ltd Broker premiums.

    I had written Thied Ltd with a copy of the application form they completed after requesting it from Aviva. So after seeing the inaccuracies I sent a copy of this form with a letter of complaint to Theid Ltd (about 10 weeks ago). I haven't heard a response (as expected).

    I was wondering if it makes sense to cancel the policy i.e. stop payments of premiums and raise a complaint with the Financial Ombudsman or I should keep the policy live and raise the complaint with F.O.

    It pains me to be paying the 16 a month as I am not working and am job hunting at the moment

    Is it likely also that Aviva are playing lip service to me by saying I have a valid policy? The product I was being sold was a life insurance product with Aviva but after calling and saying to Aviva that I think I was misold a life insurance policy it looks like they changed the product to have a CI element after I verbally told them I have medical conditions which were not considered in my application that was sold by Theid Ltd. It does feel that something underhanded was being done by Aviva

    The fact I didn't get an illustration and copy of the application form answers or a product features guide until I rang Aviva is alarming.

    Grateful for thoughts, pointers, next steps. Also anyone have problems with Theid Ltd in Manchester. It could lend weight with my claim for being misold a product

    Thanks in Advance
    Dave
    Last edited by db570uk; 14-04-2018 at 9:43 PM.
Page 1
    • csgohan4
    • By csgohan4 14th Apr 18, 10:26 PM
    • 4,898 Posts
    • 3,129 Thanks
    csgohan4
    • #2
    • 14th Apr 18, 10:26 PM
    • #2
    • 14th Apr 18, 10:26 PM
    The fact they have ignored your letter, I hope you have proof of posting, is to take it up a step the FOS


    http://www.financial-ombudsman.org.uk/consumer/complaints.htm
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
    • db570uk
    • By db570uk 14th Apr 18, 10:39 PM
    • 31 Posts
    • 7 Thanks
    db570uk
    • #3
    • 14th Apr 18, 10:39 PM
    • #3
    • 14th Apr 18, 10:39 PM
    Thanks csgohan4, I do have a certificate of posting. I will definitely be taking it up with the Financial Ombudsman, thanks for the link, much appreciated.
    Last edited by db570uk; 14-04-2018 at 10:46 PM.
    • db570uk
    • By db570uk 14th Apr 18, 10:54 PM
    • 31 Posts
    • 7 Thanks
    db570uk
    • #4
    • 14th Apr 18, 10:54 PM
    • #4
    • 14th Apr 18, 10:54 PM
    I forgot to mention I have been turned down by a host of insurers for life cover recently when I was looking into getting critical illness cover and the Aviva insurance sailed through too easily as all insurance companies have wanted to write my GP. The year previously I was able to get one insurer to cover me for critical illness cover which was 150% loaded so at the least would expect an life insurance company through a broker to want to write to my GP for a medical report.
    • dunstonh
    • By dunstonh 15th Apr 18, 12:42 AM
    • 94,559 Posts
    • 62,530 Thanks
    dunstonh
    • #5
    • 15th Apr 18, 12:42 AM
    • #5
    • 15th Apr 18, 12:42 AM
    the cover sailed through with Aviva without me being told. I thought I would get an illustration of my answers to questions I was asked over the phone
    Aviva normally issue a copy of the data input and ask you to check it along with the confirmation of the premium and cancellation rights followed by the policy document and the notification of the direct debit. The broker also issues a copy of the initial illustration and a statement of demands and needs. So, that is quite a bit of post going out to you and from multiple sources.


    Aviva as suspected had a whole raft of inaccuracies on their database from the submitted application form submitted by Theid Ltd. This included inaccuracies with personal details (home address etc), medical conditions (was not fully declared based on basic questions asked by the broker), even the answers given were inaccurate/lies by the broker such as questions relating to conditions suffered by family members.
    Which explains they missing post.

    The Aviva member of staff tried to convince me after changing my personal details to be correct that I have a valid policy. I explained to them my medical conditions and I cannot be certain they have added them to my live policy. I imagine they now know I have a misold policy and are happy for me to continue paying them and Theid Ltd Broker premiums.
    Aviva have no liability for the complaint and you assumption would be wrong. They would rather the policy is set up correctly than have issues later on. However, did you supply them with all the medical information? I just have a nagging doubt that by perosnal details, they may have been on about address etc. Rather than medical details. A redrawn policy based on corrected medical information would involve letters and not just be done on the phone.

    I was wondering if it makes sense to cancel the policy i.e. stop payments of premiums and raise a complaint with the Financial Ombudsman or I should keep the policy live and raise the complaint with F.O.
    If Aviva now have the correct medical information, then it may not be a good idea to cancel it. However, you can ask Aviva to confirm they have amended the policy with the revised information given.

    Is it likely also that Aviva are playing lip service to me by saying I have a valid policy?
    No Aviva have their faults but once their redraws team are aware of a bad application, they are pretty good at sorting it out.

    It does feel that something underhanded was being done by Aviva
    Like what?

    The fact I didn't get an illustration and copy of the application form answers or a product features guide until I rang Aviva is alarming.
    If the address was wrong, then its not really alarming.

    Also anyone have problems with Theid Ltd in Manchester. It could lend weight with my claim for being misold a product
    Other peoples experience has no impact on you. Each complaint is dealt with on its own merits. You certainly have a valid complaint against Theid based on what you have said.

    There isnt a Theid Ltd on the FCA register. There is a Theid (MAN) Ltd. Their complaints address is here:
    https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000002NHs91AAD
    Last edited by dunstonh; 15-04-2018 at 12:45 AM.
    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.
    • kingstreet
    • By kingstreet 15th Apr 18, 9:15 AM
    • 34,134 Posts
    • 18,521 Thanks
    kingstreet
    • #6
    • 15th Apr 18, 9:15 AM
    • #6
    • 15th Apr 18, 9:15 AM
    Ask Aviva for copies of the illustration, application, acceptance terms and policy schedule - all the things they would have sent you had your address been correct.

    Check the answers to the medical questions are correct and if they aren't, notify the insurer in writing.

    Should you discover "issues" with the data submitted, your complaint is to the intermediary, which is directly FCA authorised, then FOS, not Aviva.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
    • db570uk
    • By db570uk 15th Apr 18, 9:19 AM
    • 31 Posts
    • 7 Thanks
    db570uk
    • #7
    • 15th Apr 18, 9:19 AM
    • #7
    • 15th Apr 18, 9:19 AM
    Thanks for your reply dunstonh , much appreciated

    Four things

    I can understand your defending of Aviva being a big reputable insurer
    but surely the below shouldnt be done

    Aviva should not start a policy without hearing back/getting confirmation of application details from person applying for cover

    They should factor in broker getting home address wrong (wether mistake or willfully) and insist on application being checked by applicant first before making ANY policy live . My house number is 68 and the broker said number 2. Big difference that.

    If broker wants the sale it is obvious they will get the home address wrong and falsify/withold my answers to questions (actually happened) to make sure
    the policy sails through, especially if Aviva make the policy live if they dont hear back from you

    When I gave my medical condition over the phone to Aviva these were not done on an written documentation so I cannot guarantee the policy has been updated
    I wasn't sent any addition form by Aviva to complete to formally declare the medical conditions. Surely this is wrong

    Btw Aviva customers service team acknowledge to me over the phone the policy if misold should be taken up with Theid (Man) Ltd

    Never sent a fresh application form by Aviva to correct any inaccuracies. They are happy to continue taking premiums. All they did was correct my home address.

    The broker knows they misold the policy and wont answer my letter

    How is the above defendable

    Policy is live and invalid. Hence my original question of should I cancel the payments and claim them back for policy being misold or does it have to remain live whilst I make the misold claim?

    Thanks Kingstreet much appreciated, will do what you mentioned. It maybe then that Aviva would then try to re-correct things for me (hoping)
    Last edited by db570uk; 15-04-2018 at 9:44 AM.
    • dunstonh
    • By dunstonh 15th Apr 18, 5:55 PM
    • 94,559 Posts
    • 62,530 Thanks
    dunstonh
    • #8
    • 15th Apr 18, 5:55 PM
    • #8
    • 15th Apr 18, 5:55 PM
    I can understand your defending of Aviva being a big reputable insurer
    I have plenty of things I can moan about Aviva. However, in this case they are not the responsible party. The broker is.

    Aviva should not start a policy without hearing back/getting confirmation of application details from person applying for cover
    The agent as allowed to start cover. So, Aviva did nothing wrong there.

    They should factor in broker getting home address wrong (wether mistake or willfully) and insist on application being checked by applicant first before making ANY policy live .
    99% of applications get processed correctly. What you ask for would increase costs and be unnecessary for the odd case that does wrong.

    If broker wants the sale it is obvious they will get the home address wrong and falsify/withold my answers to questions (actually happened) to make sure
    the policy sails through, especially if Aviva make the policy live if they dont hear back from you
    What you describe is fraud. If you believe a fraud has taken place then you should report it to Action Fraud. If the seller as an employee of the broker, then a complaint to the broker (using the complaints address on the FCA site) should be made. The employer may well be horrified. If its a one man band then you should still make the complaint, then refer it to the FOS. If the FOS believe fraudulent activity has taken place then they will let the FCA know.

    When I gave my medical condition over the phone to Aviva these were not done on an written documentation so I cannot guarantee the policy has been updated
    I wasn't sent any addition form by Aviva to complete to formally declare the medical conditions. Surely this is wrong
    Any redraws I have seen in the past have always resulted in written confirmation.

    How is the above defendable
    No-one is defending it. However, the issue is with the broker. Not the insurer. The only issue with the insurer is getting cast iron certainty. The letter would achieve that. So, I would demand a letter from them.

    Policy is live and invalid. Hence my original question of should I cancel the payments and claim them back for policy being misold or does it have to remain live whilst I make the misold claim?
    I would personally cancel as the broker is getting the commission if you kept it. I would then ask Aviva to reissue it on correct terms without the broker being paid the commission.
    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.
    • db570uk
    • By db570uk 18th Apr 18, 8:26 PM
    • 31 Posts
    • 7 Thanks
    db570uk
    • #9
    • 18th Apr 18, 8:26 PM
    • #9
    • 18th Apr 18, 8:26 PM
    Thanks dunstonh

    As you can imagine it is a bit of a minefield for the layman like myself. I will take on board what you have said. I had already raised the issue with the broker using the address details on the FCA site and got no response and will see if I can get Aviva to rectify, if not will take it to the Financial Ombudsman, is this the FCO?

    I will raise the issue with Action Fraud also, thanks for pointing this out to me, very much appreciated
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