Not upheld: failure to provide agreed ongoing advisory services (annual reviews) complaint against Openwork Limited

Decision detail

Summary

Mr R complained that Openwork failed to provide annual pension reviews he had paid for since 2014, claiming this caused poor pension performance. Openwork had agreed to provide annual reviews as part of its 1.12% per annum ongoing advice service. The ombudsman found that complaints about missed reviews in 2018 and 2019 were outside the time limits for consideration. For reviews from 2020-2025 that fell within jurisdiction, the ombudsman accepted Openwork's annual suitability letters as genuine evidence that reviews were properly conducted. The ombudsman rejected Mr R's unsupported claim that the review letters were fabricated and found no basis to uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the DISP 2.8.2 R time bar rules strictly. Complaints about reviews missed in 2018 and 2019 were found to be outside the six-year and three-year time limits, as Mr R should have been aware of the missed reviews when they failed to occur. For reviews within jurisdiction (2020-2025), the ombudsman found Openwork's annual suitability letters to be clear evidence that reviews took place. The letters were properly addressed, convincingly referenced conversations, and contained no indication of being backdated. The ombudsman found no credible evidence supporting Mr R's assertion that the letters were fabricated and therefore accepted Openwork's evidence in good faith.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website