Ethika Auto Enrolment Pension Scheme · CAS-31652-G0Z8

CAS-31652-G0Z8

Ombudsman’s Determination Applicant Mr A

Scheme Ethika Auto Enrolment Pension Scheme (the Scheme)

Respondent Warwick & Eaton Administrators Limited (Warwick & Eaton)

Outcome

Complaint summary

Background information, including submissions from the parties On 10 January 2014, the Scheme was established as an auto-enrolment Master Trust by way of a Trust Deed. A company called Barclay Cavendish Trustees Limited was the original Trustee. Warwick & Eaton is the Scheme’s administrator.

Mr A was an employee of Golden Popcorn which used the Scheme to auto-enrol its employees.

On 26 March 2019, Dalriada was appointed as the Scheme’s trustee by The Pensions Regulator (TPR) after which the original Trustee could not act. The following day, Dalriada instructed Warwick & Eaton not to communicate with Scheme members under any circumstances.

On 10 April 2019, shortly before leaving employment with Golden Popcorn, Mr A emailed Warwick & Eaton requesting advice on his options. Mr A received an automated reply stating that a response would take up to four weeks.

On the same day, Mr A phoned Warwick & Eaton and left a voicemail requesting the information set out in the email.

On 1 May 2019, Warwick & Eaton was instructed that it could correspond with Scheme members by Dalriada. 1 CAS-31652-G0Z8 On 10 May 2019, Mr A emailed Warwick & Eaton chasing a response to his previous email. An exchange of correspondence followed in which Warwick & Eaton outlined the process for transferring from the Scheme.

On 13 May 2019, Mr A sent Warwick & Eaton a blank transfer form for a pension with Irish Life that he requested it complete. Warwick & Eaton declined to do this.

On 23 May 2019, Warwick & Eaton emailed Mr A the information that he required to complete transfer forms and maintained that it would not do this for him.

On 5 June 2019, Mr A sought independent financial advice. He subsequently emailed Warwick & Eaton stating that he had changed his mind and requested payment of his benefits.

On 14 June 2019, Mr A complained under the Scheme’s Internal Dispute Resolution Procedure (IDRP) stating that he had originally asked for his benefits to be transferred but now wanted to claim benefits from the Scheme as he was over age 55. Mr A said that he had contacted Warwick & Eaton 11 times between 10 April 2019 and 5 June 2019.

I understand that the complaint letter, dated 14 June 2019, was returned to Mr A as undeliverable.

In the meantime, Mr A referred the matter to The Pensions Ombudsman and the complaint was accepted on a discretionary basis. We requested Warwick & Eaton to provide its response to the complaint towards the end of July 2019.

On 24 July 2019, Warwick & Eaton provided Mr A with the necessary drawdown forms.

On 8 August 2019, Warwick & Eaton signed for receipt of Mr A’s drawdown forms.

On 14 August 2019, Warwick & Eaton confirmed that the drawdown request had been passed to Dalriada to action.

On 9 September 2019, Warwick & Eaton provided its response to the complaint stating:-

• A timeline of its interactions with Mr A.

• It undertook all reasonable steps to meet Mr A’s expectations. All of its responses, barring those prohibited by Dalriada, were within its normal service level.

• It could not immediately dispatch a drawdown quote to Mr A as it was obliged to produce new documentation to reflect the new Trustee information.

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Adjudicator’s Opinion

Mr A did not accept the Adjudicator’s Opinion and the complaint was passed to me to consider. Mr A provided his further comments which do not change the outcome. I agree with the Adjudicator’s Opinion and I will therefore only respond to the main points made by Mr A for completeness.

1 https://www.dalriadatrustees.co.uk/wp-content/uploads/2019/12/2019-Ethika-Chairmans-

Statement.pdf 3 CAS-31652-G0Z8 Ombudsman’s decision

I do not uphold Mr A’s complaint.

Anthony Arter

Pensions Ombudsman 17 July 2020

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