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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50148
Experience:  Qualified Employment Solicitor
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I have recently realised that in a previous employment that

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I have recently realised that in a previous employment that I opted into a pension for under two years and have found that I was entitled to my contributions back if I left that employment in that time . I contacted the pension provider to tell them this and they are refusing to act on this. yet I have a signed contract with this stated on it and am considering legal action am I correct in doing so .
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Why are they refusing to deal with this matter?
Customer: replied 1 year ago.
They say I'm not entitled to my refund on my pension
Have they said why, especially if the terms say otherwise?
Customer: replied 1 year ago.
No not at all they have said no full stop what do you advise as my next step
The issue here is what the contract says (this is the pension scheme you joined and the terms of that scheme) and if the pensions provider has breached these. If it appears that this is the case and there is no reasonable explanation for this then you can pursue the matter further as a breach of contract. In the first instance, before you consider formal legal action, you should take this up with the Pensions Ombudsman – they are an independent body which can look into this for you for free and issue a binding decision. If the Ombudsman does not resolve this then you can consider the legal route where you actually make a formal claim to pursue the money you believe you are owed. This will be done through the County Court. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you have to make a claim, 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 and other Employment Law Specialists are ready to help you
Thank you. 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 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.