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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In June 3013 I was given a 50% pension sharing order by the

Customer Question

In June 3013 I was given a 50% pension sharing order by the court as part of ancilliary relief after my divorce.
Despite my financial advisor and myself contacting the company several times nothing is forth coming.
How do I enforce the order? My ex husband is raking in the profits from my money for the past 9 months!
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is the pension in payment?
Which pension provider is it?
Clare
Customer: replied 2 years ago.

I do not understand what you mean, 'Is the pension in payment'?


It is with The Pensions Trust, St James House, 7 Charlotte Street, Manchester M1 4DZ

Expert:  Clare replied 2 years ago.
Hi
Is your ex actually receiving pension payments and which Financial provider is he with?
Clare
Customer: replied 2 years ago.

My ex is only 43 years old and is still paying in to a 'Flexible Retirement Plan' through his emplyer, Malvern St James Girls' College in Malvern.


 


Everything is done through the Pensions Trust. I do not know any more than that.


I just need to know how to get the Court Order enforced. Do I need to get in touch with the court? If so, which department?

Expert:  Clare replied 2 years ago.
Hi
I am sorry - i was confused at your comment that your ex is profiting at your expense so I assumed that the pension was in payment
When they acknowledged receipt of the Order did the Pensions Trust enclose a form for you to fill in with your details to set up your fund?
Clare
Customer: replied 2 years ago.

Yes. My Financial Advisor filled it in and sent it back.


I had a letter from my ex husbands solicitor advising that the pension sharing annexe and relevant documents were sent with a covering letter to The Pensions Trust for them to action on 18th July 2013.


 


When I said that my ex is profitting from my money I meant that had it been paid to me I would have invested it in a pension fund and that the profits would be coming to me. As it stands my ex husbands pension company have been investing what shouold have been paid to me and are keeping the interest payments for him, boosting his payments to the detriment of mine.


 


They will not even provide an up to date valuation, nor confirm the monetary value of the fee required to release the sum (which given the run around they have given me I think they should waver!).

Expert:  Clare replied 2 years ago.
Hi
That is in fact not correct - you will benefit from any increase - although of course it may well be true that you would have got a better deal with your Pension Fund of Choice
The money does not at any time come into your possession
It would appear that the problem is with the Pension Provider and not your ex so your only option is to make a formal complaint using the Complaints procedure set out by the pensions Trust which is set out here
http://www.thepensionstrust.org.uk/NR/rdonlyres/6C79BE70-2B3A-4696-A99D-124263D9558B/0/TPTComplaintsandDisputesProcedure0913FINALVERSION.pdf
There is no point in going back to court until you have exhausted this process as in fact there is little the court can do other than demand an explanation
However if it transpires that the delay has been caused by your ex THEN you can take the matter back to court using a form D11
I hope that this is of assistance - please ask if you need further details
Clare

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