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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48210
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Has an offence been committed if an amount of money

Resolved Question:

Has an offence been committed if an amount of money continues to be deducted from my monthly pension by my pension provider when I no longer owe anything to him (if I ever owed anything at all) and the provider knows that he no longer has an entitlement to the proceeds of that deduction but deliberately continues to make it anyway with a view to enriching himself thereby?
And what would that offence be?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
What is the reason for deductions?
Customer: replied 1 year ago.
I was paid an ex gratia sum by my employer back in 1999 and my pension provider wanted to recover it. I have now discovered that it has been recovered in full but my provider continues to make the deduction.
Customer: replied 1 year ago.
If it could be proved that my pension provider was simply trying to enrich himself what would the criminal offence be?
Expert:  Jo C. replied 1 year ago.
Surely your pension provider is not your employer?
Customer: replied 1 year ago.
My employer asked the pension provider (a trustee-run scheme set up by the employer) to recoup the ex gratia sum. My employer was not the pension provider but in theory stands at one step removed. The employer does nominate trustees -a normal defined benefit scheme in other words.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today as my colleague has decided they cannot continue. How much has been taken since the full amount was paid off?
Customer: replied 1 year ago.
Approximately £81,000
Expert:  Ben Jones replied 1 year ago.
This is unlikely to be seen by the police as a criminal offence, rather they are most likely going to treat it as a civil matter, such as akin to breach of contract where you would require the help of the civil court to recover the amount owed. So whilst you have nothing to lose by reporting this to the police and letting them decide if this is a criminal issue, your best chance of recovery would be through the County Court. This is your basic legal position. I have more detailed advice for you in terms of the steps you can take to commence the recovery process, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48210
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Many thanks. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.