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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61762
Experience:  Qualified Solicitor
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How are you? I have a problem .I have been working for the

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Hello how are you? I have a problem .I have been working for the Albany bar and restaurant in Belfast operated by calla house ltd for 7 yers, they signed me to smart pension scheme , but only paid £40 in my pension account, they were taking money out of may wages every week for the past 2 years but didn't pay contributions to my pension scheme , and they have done that to all of their employees . After receiving a letter from smart pension that they are running late with the payments I spoke to one of the directors and he promised me everything will be sorted, unfortunately nothing has changed so I left that job 2 months ago . Last month The Albany changed hands so it doesn't belong to Calla house anymore. What can I do in a such situation ? I would like to also make a point that they never informed me of signing me in a pension scheme or anything like that. I found out about the fact whenever they started taking money out from my wages .thank you for your help
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Yes i have discussed this with the manager and the director , they said they will sort it out but they didn't do anything
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Do not belong to union

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 13 days ago.
Hello Ben , ofcourse i am willing to answer any questions
Customer: replied 13 days ago.
I would prefer to chat ,is that ok?

Can I just check, how long have you worked for this employer?

Customer: replied 13 days ago.
For 7 years

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 13 days ago.
I think the company is in the process of getting insolvent as well
Customer: replied 13 days ago.
Wrong picture sorry

Many thanks for your patience. Non-payment of pension can amount to breach of contract and you can pursue the company to recover the amounts they have not paid you.

 

If a party wishes to pursue another for a debt arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

 

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

 

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 pursue them for the debt in question. 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 by contacting your local court (. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

 

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

 

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 11 days ago.
Yes, thanks

All the best

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