Pensions Ombudsman determination
Direct Line Group Personal Pension Plan · CAS-35261-J8P8
Verbatim text of this Pensions Ombudsman determination. Sourced directly from the Pensions Ombudsman published register. The Pensions Ombudsman is a statutory tribunal — its determinations are public record. Not an AI summary, not a paraphrase.
Full determination
CAS-35261-J8P8
Ombudsman’s Determination Applicant Mr M
Scheme Direct Line Group Personal Pension Plan (the Plan)
Respondent Fidelity International Ltd (FIL)
Outcome
Complaint summary Mr M’s complaint is that FIL has refused to refund contributions he made into the Plan following his automatic enrolment. Mr M says that had he been made properly aware that he was being enrolled in the Plan, he would have opted out from the outset.
Background information, including submissions from the parties
The Pack also contained:- 1 CAS-35261-J8P8 • A Contributions Explained leaflet.
• A Key Features Document.
• Policy Conditions.
• Policy Schedule.
• Expression of wish form.
A password and details of FIL’s online service, PlanViewer, were also sent so that Mr M could track the Plan’s progress.
FIL sent Mr M an annual benefit statement in September 2018, which showed the progress of the Plan to date.
Contributions ceased when Mr M opted out of the Plan during a telephone call to FIL on 19 July 2019.
Mr M requested a refund of his contributions and raised a complaint when he was told a refund could not be paid.
FIL responded to Mr M on 24 July 2019, stating that:-
• Mr M’s Employer had auto-enrolled him into the Plan as it was legally required to do.
• Mr M acknowledged that he had received the Pack sent in October 2017.
• Because he had not opted out by the regulatory opt out deadline of 28 November 2017, a refund of contributions was not permitted under auto-enrolment legislation.
Further correspondence ensued between the parties, and FIL maintained that it would not be possible for Mr M to receive a refund.
Adjudicator’s Opinion
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Mr M did not accept the Adjudicator’s Opinion and the complaint was passed to me to consider. Mr M provided his further comments as set out in paragraph 13 above, which do not change the outcome. I agree with the Adjudicator’s Opinion and I will therefore only respond to the points made by Mr M for completeness.
Ombudsman’s decision
3 CAS-35261-J8P8
4 CAS-35261-J8P8 I do not uphold Mr M’s complaint.
Anthony Arter
Pensions Ombudsman 19 February 2020
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