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Name: Michael Powell

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Poor service re tax free lump sum

1
On 14th April 2016 I rang Standard Life’s office to request to take 25% of my pension fund as a tax free lump sum. I was disappointed to learn that before I could do this, I had to discuss my request with one of their advisers and this appointment could not be arranged for up to 2 weeks. In the event, an appointment was made for a telephone consultation on Friday 22nd April. During the course of the consultation that lasted around 1 hour, I was advised that the value of the 25% tax free lump transaction would be £149,889.52 but it might take 8 - 10 days to get the funds because Standard Life might need to verify my bank details. At this point, I believed that the transaction had been effected and the figure quoted was the amount I could expect to receive. I was thus disappointed to receive an e mail on 29th April from a Drawdown Administrator at Standard Life asking me to confirm the amount of the tax free lump I wished to take. During a further exchange of e mails, it became clear that there had been no progress made by Standard Life to process my request and further, that contrary to the impression given at the time of my telephone conversation, the figure quoted was not the amount I could expect to receive. When the adviser mentioned the 8 – 10 days, she intended to state that this was the normal time that Standard Life takes to effect the sale of units from their fund to provide sufficient cash to pay the tax free lump sum. By this time the value of units in the fund had dropped significantly and the amount I could expect as a tax free sum had fallen by over £2,000. At this point I immediately asked Standard Life not to sell any of my fund until such time as I had chance to consider my option. I felt very strongly that it was poor practice for Standard Life to take 8 - 10 days to process a simple sale of units in my pension fund and wrote to them to complain about the lengthy period during which they expected me to absorb the risk that the market could move adversely. At this point Standard Life did advise me that another option was available to transfer some of my funds into a cash fund. This process only took 1 – 2 days (not 8 – 10) and thus was a significant reduction in the risk of market movement but it is not an option that Standard Life make their customers aware of. Notwithstanding the poor quality of advice I received from Standard Life, when I complained, their Customer Complaints Department concluded that I had been made aware that the value of the investments could fall. I contend that I believed that this statement only referred to the 75% of my fund that I was not taking as a tax free lump sum. As I was unhappy with Standard Life’s conclusion, I complained to the Financial Ombudsman Service (“FOS”) on 16th May. The FOS initially agreed that the Standard Life advice was misleading and stated that “I’ve listened to the recording of the call where you made the request to take the tax free cash amount. The adviser tells you what the amount would be based on its value on that day. And she confirms your understanding that the value of your remaining investment can go up as well as down on a daily basis. But I don’t think the payment process was made clear enough to you. It’s confirmed towards the end of the call that you wanted to withdraw the tax free cash amount, which the adviser explained “is the £149,986.” She didn’t mention on that occasion that this figure was based on that day’s value. She went on to say: “In terms of the payment, it will normally take eight to ten working days for the money to be in your bank account.” I think this gives the impression that the payment had been put in motion. It wasn’t explained that it can actually take eight to ten working days before the money is even sent. So you won’t have been aware that during this period, the tax free cash amount would still be invested and exposed to market risk. You were told that Standard Life might require additional documentation to verify your bank account details. But then later in the call you were told you’d passed the verification check and nothing more was needed from you at that time. I think it was reasonable for you to come away from this part of the call with the impression you were going to receive £149,986 into your account within eight to ten working days. I don’t think that at any point during the call it’s specifically explained to you that you weren’t guaranteed the value of that day. Or that the amount you’d eventually receive might be lower or higher due to fluctuations in the market as it would stay invested until the verification checks were completed.” In spite of the fairly damning conclusions about the quality of the Standard Life service reached by the FOS in red above, they went on to state that “But this doesn’t mean I think you should receive the amount as it was valued on the day of his request. That’s because it’s the role of our service to put you back in the position you would’ve been in if no mistake had been made. And in my opinion, if you’d been given a better explanation of the payment process, you’d be in a similar position to the one you’re in now.” I subsequently went back to the FOS to explain that Standard Life can offer a service that limits the length of market risk exposure to 1 – 2 days but chose not to me make me aware of this but still the FOS remain adamant that I suffered no loss as a result of the poor advice. A subsequent review by a second person at the FOS reached a similar conclusion albeit for different reasons. I still feel that the service I received from Standard Life was very poor and I suspect that very few of their customers are aware of the market risk that they are expected to accept because Standard Life cannot process simple transactions within reasonable timescales. Reviewed on: 9th January 2017