Peter Thompson
+61 488766400
On 18 Jul 2024, at 20:44, Jake Moore <Jake.Moore@cases.financial-ombudsman.org.uk> wrote:
Good morning Mr Thompson,
Thank you for your email. My apologies that I was unable to speak to you when you’ve called this past couple of days.
The complaint was bought by your brother Mr David Thompson, and it was our understanding that we would be corresponding with him only. I will ensure that future correspondence regarding this complaint is also sent to you.
I have explained in two pieces of correspondence that we are both unable to consider a complaint about the sale of the mortgage, due to the time that has passed – and that ultimately, as Aviva didn’t sell the product – they are not answerable to a complaint regarding the sale either. In terms of the time limits that govern our services ability to consider complaint, these are set by the Financial Conduct Authority (FCA). These are not open to interpretation, and we must abide by them.
Regarding the aspects our service can consider, I feel Aviva have acted reasonably and did not recommend that they do anything differently. The terms of the mortgage stipulate that the mortgage must be repaid once the account holder has passed away. I understand your mother sadly died a few years ago, and offer my sincerest condolences. However, Aviva are within their contractual right to expect repayment of the mortgage. It appears Mr David Thompson was involved in obtaining the mortgage for your mother, and as such believe he was equally aware of the terms.
I have attached copies of these findings to this email, if Mr David Thompson has not shared these with you.
Mr David Thompson has stated he doesn’t agree with my position on either of these points, and in line with our process the complaint has now been placed in a queue for a final decision from an Ombudsman. An Ombudsman will decide what parts of the complaint we can consider, and if we can consider any part of the complaint - will then decide on whether Aviva has acted fairly. This will represent the end of our process.
I have nothing further to add on this complaint, and I will be in contact once an Ombudsman has made a decision on jurisdiction.
Kind regards
Jake Moore | Investigator | 0203 222 9366
Financial Ombudsman Service | Exchange Tower, London, E14 9SR
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------------------- Original Message -------------------
From: Peter Thompson <>;
Received: Thu Jul 18 2024 11:13:22 GMT+0100 (British Summer Time)
To: Jake Moore <jake.moore@cases.financial-ombudsman.org.uk>;
Subject: ref PNX-4965581-Y1Y5
Dear Jake,
I have tried to call and contact you teice with no success.
I am somewhat surprised that I have not heard anything from you or your office in regard to my mother’s policy that impacts her Estate.
As I am one of the Executors of the State- we are limited in being able to suitably close probate while there is lack of clarity.
I understand that you have had some limited contact with one of my brothers, David- but as I am listed in the complaint I would expect to be kept informed.
This concern with Aviv and the product sold to my late mother was raised when I discovered the details in late 2022. Aviva were unable to provide suitable information as to the suitability of such a policy- how many of such policies were sold to 86 year old women with no limited financial knowledge or experience. What efforts were taken to ensure capacity and competency to make such a significant decision.
I was informed to contact a separate ombudsman group who determined that they were unable to help and then I was informed of your organisations potential role.
My brother informs me that you are now of the view that too much time has passed. I am disappointed in such a view as I looked to raise concern as soon as I was aware.
I am greatly concerned of how vulnerable elderly people can be lead astray to purchase such policies at times when finances may be stretched.
This is a concern that has clearly had major impacts on my Mother’s Estate and those to whom she wished to support along their journey.
If- as I suspect- few people do purchase such policies that cause financial harm- the. How can an organisation allow one to progress.
I would appreciate your thoughts and review of any decision.
Kind regards
Peter
Peter Thompson
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