Employment Lawyers Can Answer Your Employment Law Questions
Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
You are covered under the Consumer Rights Act 2015 here which means you have a right to expect a service (from the pension provider) carried out with reasonable care and skill. Furthermore, the pension itself should be “fit for purpose” and “as described”. If it isn’t then you can allege breach of your consumer rights and breach of contract.
You should now make a formal complaint and if that does not resolve the matter ask them for a "deadlock letter", which is a letter giving their final response. Their complaints policy will be available on their website.
Once you have the deadlock letter the next step would be to escalate this to the Pensions Ombudsman - they will investigate and liaise with the provider which would hopefully result in a reinstatement of funds to reflect your contributions. They can order the provider to make a financial award for inconvenience if they have acted poorly.
Once you have their final response, you can make the complaint here : https://www.pensions-ombudsman.org.uk/making-complaint
Based on the circumstances, assuming the provider does not uphold your complaint, I am sure the Ombudsman will do. The Ombudsman will look at this case independently and will make a decision based on what happened. Their decision is binding on the provider. If the Ombudsman did not find in your favour, therefore, you then have the option of suing the provider for breach of your consumer rights and you have up to 6 years to bring a claim to the court (the limitation period is 6 years from your date of loss, to when you need to issue a claim).
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.