Not upheld: administrative error / failure to follow customer instructions regarding correspondence delivery complaint against Aviva Life & Pensions UK Limited

Decision detail

Summary

Mr K complained that Aviva repeatedly sent correspondence by post to his UK address despite his clear instructions not to do so, as he was not a UK resident and had requested all communication be sent by email. The correspondence was sent to addresses where other tenants were residing, causing Mr K concern about his personal financial information being exposed. Aviva upheld the complaint and paid £200 compensation, but Mr K referred the matter to the FOS. The ombudsman found that prior complaints fell outside the six-month jurisdiction limit. For the current complaint, while acknowledging the distress caused, the ombudsman determined that the £200 compensation already paid was fair and reasonable and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman applied the six-month time limit rule under DISP 2.8.2R and found that prior complaints relating to the same ongoing issue fell outside this jurisdiction as they were not referred within six months of the respective final response letters. No exceptional circumstances were found to apply. For the current complaint within the time limit, the ombudsman considered that while the administrative errors caused distress and worry, particularly given the repeated nature and Mr K's living abroad, the £200 compensation already paid by Aviva was fair and reasonable in the circumstances.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website