How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have a pension and in July 2015 decided to start paying more

Resolved Question:

I have a pension and in July 2015 decided to start paying more in to it so I requested this with the pension provider and they sent me a new direct debit payment form. I signed it and sent it in I called to ensure they had received it. In January this year I noticed that there was no payment going out to the pension from the account that I had the direct debit was set up from so I contacted the pension provider. At first they denied receiving the direct debit form until I confirmed I had checked and it was on file and I complained then I received a call stating they had found the form and it was an administrative error on their part. They asked me if the first payment they call should include all the missed payments which would total around £700 I said no as I had a complaint in the system and did not see why I should be correcting their error and the pension will have been effected I'm sure by the loss of the revenue. They wrote a sparse letter saying sorry offering £50 for the trouble. I'm not happy are they responsible to compensate for the payments they did not call.?? Looking forward I had I not realised long term this could have effected my financial situation in the future?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.

I know about that but should they pay the premiums they failed to call

Expert:  Ash replied 1 year ago.
In reality probably not, because they are payments you could still make, you could have saved them up to pay.Your loss is only the loss of increase in investment from the time they should have been collected until the time they are actually paid in.That is your loss and what you can claimDoes that clarify?Alex
Customer: replied 1 year ago.

Hi ***** could still make them but they have failed to operate the pension as agreed and failed to take the premiums to allow the pension to grow as I said had I not realised nor would they have?

That's not good practice?

Expert:  Ash replied 1 year ago.
Yes I agree, but if you take it to Court the Judge will only want to put you back into the position you would have been in, had the breach not occurred. You would have always had to put in £700, so you would only be entitled to the difference on what it was worth then to now.That is your lossDoes that clarify?Alex
Ash and other Law Specialists are ready to help you