re aviva and fos

[di30]

Re: re aviva and fos

Secret with FOS I find is to keep sticking it to them with pure logic, as they make silly mistakes and at times change their minds...

You certainly put them right Pat, very proud of you! xx

[ken100464]

Re: re aviva and fos

Secret with FOS I find is to keep sticking it to them with pure logic, as they make silly mistakes and at times change their minds...

That is my view to. Also quote at them what is in writing from the regulators or on their own website.

Dont get involved in who has the biggest with the bank as they will always bamboozle the adjudicator.

Keep to facts that back you up not I think they should give me this or that because I think they stiffed me.

[Batman]

Re: re aviva and fos

Cheers Di - funnily enough the postie just brought me the hard copy of the FOS decision in 'our' favour regarding Aviva. Things do all come together like this at times so I hope the old luck of the Green rubs off on this thread too...I could have given up when faced with having to make 3 separate complaints to various firms and a later absurd FOS rejection but refused to surrender...

For what its worth, my advice would be to threaten to escalate to additional complaints about very poor FOS service and see what that does...log everything, all data, and get it all ready to launch if they try it on ..;-)

Also stipulate clearly that you do wish to see proper escalation in case they try and keep it low key (bury it) as they sometimes do.

[ken100464]

Re: re aviva and fos

I also wonder if you should treat them as you would a DCA. Or as much as you can and get it all down in writing.

You see time and again people talking to the receptionists about a complex financial matter and they get a yes thats a defo compensation claim only for an adjudicator to then say no. Again via the phone.

But as its a financial matter why are we saying banks and DCA's letter only then FOS ok phones will do.

They are not our friends either.

[Batman]

Re: re aviva and fos

I always say NO to FOS on phones too. They have then gone on to abuse this wish, via phoning me.

This has resulted in several more case in which they have paid me compensation. However, tapes on the Truecall system can be invaluable if needed in future too...;-)

[nanna58]

Re: re aviva and fos

Thank you so much for the comments it is so much appreciated , after 2yrs i do not want to roll over , i am 100pc sure i am right. Though i am not sure on the wording of any letter.
I have a pm from my mate Di,so Batman if i post the letter (i will delete my details)could you take the time to have a look ? it may be similar to yours and others.
many thanks xxxx

[Batman]

Re: re aviva and fos

Yes - that is great - go get 'em

I am happy to add any input if it helps you...

[nanna58]

Re: re aviva and fos

Thank you Batman
FINAL DECISION
covering letter ends with "investigation complete we are unable to enter into further correspondence on this matter"
Ombudsman Assistant

Summery of complaint
complaint in connection with Mrs x and shop direct and a regular payment on the account in 2001.

My Findings

The overreaching questions i need to consider

in giving advise or recommendation ,Aviva took adequate steps to ensure the product recommended was siutable to Mrs xx needs.
Whether Aviva gave Mrs xx information that was clear fair and not misleading in order to put er in a position where she have made an informed choice about insurance sold to her in 2001 and upgraded in 2004

(I do not recall ever taking out the ppi anyway.)

First Mrs XX says she was unaware that she had taken out the policy.Aviva says Mrs xx would have been asked to give her consent.
Aviva say Mrs xx took out the policy during a teleohone conversation when shr opened the account.Aviva are unable to provide a copy of the script.Aviva does not say how Mrs x came to upgrade the policy.Mrs xx is also unable to recall how the policy and upgrade were added
so it is very difficuult for me to say for certain whether or not Mrs xxagreed to the policy or upgrade.
Mrs xx saysshe remembers seeing "Extra care 500" on the staements but did not question them.(true)
I am not persuaded i can safely conclude it is more likly than not Mrs xx did not consent to thte policy or upgrade
They then go on about advise

Aviva says advise was not givenThis means that Shop Direct (who sold the policy)were not required to ensure it recommended a suitable policy.But was required to give enough information so Mrs xx could make an informed choice.

they then go on about if i was unemployed if i was made redundant i could have used extra money and the policy would have covered this.

I cannot assertain whether significant exclusions and limitations such asthose of pre existing illness or unususal employment terms.

It has been a very difficult decision to make .I realise will be a disappointment to Mrs xx and while there may have been shortcomings by Shop Direct i cannot say for certain that she has been disadvantaged . i am not persuaded that she ould not have taken out the policy.there is a lot more but these are the key points
many thanks Batman for your help.

[Batman]

Re: re aviva and fos

OK Nanna – what apparently swung it for us with that my wife was partially self-employed at the initiation of the PPI policy and also she had a pre-existing medical condition that was not taken into consideration? Now everything else is a dead ringer for what we had too. We followed a very similar line herein.

The lack of Shop Direct and Aviva PPI data and the absence of evidence were all identical.

I was also told at the start of the complaint by a stupid FOS clown that it was not PPI but I objected strongly and it worked. They changed their mind…

So if it has already gone to the ombudsman’s Final Decision and you wanna take them on further then I suppose the IA is the way forward…worth a shot eh at least? Or maybe legal action – but ask others about that way first!

I sincerely wish I could say more but it may have gone past where I could have broken in and hit them with a hardliner letter attack..

[nanna58]

Re: re aviva and fos

thanx batman i was not asked about any medicals had i been they would have known that a few years before i was in hosp for 3 major abdominal surgeries.never mentioned this to fos cos i never took out the damn thing in the first place.Now eould you write to both Aviva and Fos and include a copy to the Fos i am fuming and got to get my teeth into it thay can go on aabout final this final that

[nanna58]

Re: re aviva and fos

sorry whats IA ?

[Never-In-Doubt]

Re: re aviva and fos

if the Ombudsman has made a final decision then that's that - game over. You cannot appeal or do anything else, hence we always leave that as a last option and argue it between adjudicators etc first....

Has the Ombudsman actually made a final decision? if so the IA cannot assist as they can only determine whether the member of staff followed process they cannot offer anything with respect to the actual decision.

Its shocking, I agree but the way it is (as of today but not for long... )

Point is, lets say you get a bad ombudsman, if it's clear they are shyte then surely all their past decisions should be reviewed if the IA finds they were in fact incompetent but here we are, no protection or rules if such a thing were to happen. Its flawed. Plain as.

[Never-In-Doubt]

Re: re aviva and fos

sorry whats IA ?

Independent Assessor --> The Independent Assessor

But no use to you, sadly. Well to be fair she's no use to anybody (not just you) so no loss either way.

[nanna58]

Re: re aviva and fos

Cheers for that Nid .. honest tho i could do some shoving maily because it makes me seem like i lied. so forget it eh (ill just go and fume in a corner)One thing hopefully Fos will not be needed again

[Never-In-Doubt]

Re: re aviva and fos

Well if they have messed up then you can argue, I mean messed up with process etc - ask batman, he's getting a FT wage from the FOS for their errors, seriously he doesn't need the Euromillions

But seriously it depends if you have evidence and or facts that show they made grave errors and/or missed important 'changing' info that could have swung it in your favour... Speak to batman, he's the expert at creaming the FOS