is this mis selling or what ?

[cardiac arrest]

Re: is this mis selling or what ?

Exactly. I would definitely SAR them, and specify that you want copies of recorded phone calls too.

just for clarification regarding the SAR, would the standard sample template be ok for this this SAR, obviously adjusted slightly to fit my case, I presume the sections of the Act are the same for
Insurance and Pension issues as they are for other finance companies and lenders ? I'm being a bit cheeky with Aviva and going to ask they agree to do it for free...then I'll send an email and get them to acknowledge receipt etc. Presume that works just as well as a registered letter and the fee sent ?

[Undercover Elsa]

Re: is this mis selling or what ?

Yes you could just adapt the standard SAR template to suit: http://www.all-about-debt.co.uk/inde...subject-access

You can add/ emphasise anything particular you require such as copies of telephone conversation recordings/notes

Elsa xx

[cardiac arrest]

Re: is this mis selling or what ?

Yes you could just adapt the standard SAR template to suit: http://www.all-about-debt.co.uk/inde...subject-access

You can add/ emphasise anything particular you require such as copies of telephone conversation recordings/notes

Elsa xx

Thanks Elsa, Sent off the request by email, including a request for all the relevant notes/recordings etc as you suggested.

They have acknowledged receipt and agreed to waive the fee, and it's been passed to the 'appropriate dept' who will respond within the required 40 days .

[Undercover Elsa]

Re: is this mis selling or what ?

My, you're on the ball! Well done!

It's definitely worth a try. Mine had refused my works pension when I retired on health grounds in the nineties. Put me into poverty when my kids were growing up. The SAR revealed that they'd miscalculated my entitlement based on wrong number of years service and wrong final salary, and should have paid me. Took 2 years of arguing but I got it back.
It's a few years ago now, but what felt really good was arranging to meet my adult son for a coffee, and giving him a cheque for £2K in an envelope marked "The pocket money I owe you"

[cardiac arrest]

Re: is this mis selling or what ?

had a couple of responses from this.. Aviva wrote and said '''yeah okay it says there is a limit of £6k, BUT you always had the option with the open market option, if take your fund off somewhere else and buy an annuity..then you could have got a lot more"...Well, I said there's 3 things about this...1) why did Aviva not state that the returns quoted were only available from another provider,and not Aviva ? 2) There isn't enough money in the fund to even buy a GMP of £5k...and 3) The policy clearly states that even with taking the open market option for any excess funds above what is needed to pay for the GMP, the aggregate of that option, and the GMP can not pay more than the £6k...and anything that happens to be above this would be returned to the original employers pension fund or retained within Aviva. So please explain to me how that could have ever allowed me to receive a pension of £15k ?? Aviva have gone away to try and explain that one...I'm waiting for their reply.

I also had a letter from the snooty Mercers, who dug up a letter I had sent back in 2007 (which I'd forgotten about)..Mercers say they only worked on the adminstration and did not give any advice, therefor they are not liable...and that I had said I also contacted an IFA and in doing so the IFA would be liable...not Mercers. It's worded in a way that doesn't actually deny they gave advice, just more that someone else did...

In the end I'm not sure what I'll get out of any of this, only the joy of giving Aviva some grief for all the years they have fobbed me off with idle promises of riches only to confess at the end..oops sorry. I spoke to TPAS and they said ring HMRC and see what yourGMP was, and ask if there is a limit attached to GMP returns. I rang HMRC who were very helpful but said there was no limit, so they suggested the maximum written into my policy was a condition of my old company scheme,and that when the transfer to Aviva was made, that condition came with it...presumably so the company scheme could benefit from any super investment returns if there were any.

This is an intersting viewpoint...but as the company scheme closed in 1990 and is in the hands of Capita, I don't hold out much hope of finding out if this was the case, and if so, why ?

It might be a red herring, but I can see now how I'm going to fall into the 'hole' in the middle,with no one responsible apart from me (which might even be the case tbh). Aviva will say, ah but it was a condition of your company scheme, you should have been told..but not by us .....

will await their reply,but am fast running out of puff...TPAS were pretty useless, so I don't have much confidence if it went there they would have a clue...and do I want to spend the early years of my retirement chasing this ?...

Just one other thing, just for completeness for those following the story (?)..had the £6k been told to me back in 1987, and had the advice been available..the best option for me was to either leave all the pension in my company scheme or to transfer to my new employers final salary scheme. So i've written and asked my last employers how many years service the trasnfer value quoted back in 1987 would have bought me in my new employers pension scheme. This will enable me to work out the cost of the decisions I missed out on...Perhaps I don't want to really know this, but I'll have a glass of wine handy when they reply....