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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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Has an offence been committed if an amount of money continues

Customer 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 (if I ever owed anything at all) and the pension 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 deduction?
Customer: replied 1 year ago.
My pension provider was asked to recoup an ex gratia sum paid to me by my employer in early 1999. My pension provider has now recovered the sum in question but intends to continue with the recovery despite my objections. I intend to institute civil proceedings but by their actions they are stealing from my wife and I - and they know it!
Expert:  Jo C. replied 1 year ago.
I'm afraid I could not, in good conscience, confirm this amounts to a criminal offence.At the very highest point it is a civil wrong and you would have a claim for the sums in question.What you are trying to argue is that it amounts to a fraud which is hard to show. You have to show dishonesty as opposed to just being wrong in law.Sorry if that is bad news.Can I clarify anything for you?Jo