Editor's Blog2 mins ago
Missing Pension Contributions
14 Answers
Hello, ABers
I have recently been made redundant from a job that I have been doing for 14 months. My wage slips show that I/they have been paying into the company pension plan which I hoped to cash out or transfer but when I called the pension company they said that the account was never set up properly and that they couldn't help me. I have since called and emailed the accounts department of my employers but so far all my efforts have been ignored.
I'm not sure what to do next or where I stand legally. Any advice appreciated.
I have recently been made redundant from a job that I have been doing for 14 months. My wage slips show that I/they have been paying into the company pension plan which I hoped to cash out or transfer but when I called the pension company they said that the account was never set up properly and that they couldn't help me. I have since called and emailed the accounts department of my employers but so far all my efforts have been ignored.
I'm not sure what to do next or where I stand legally. Any advice appreciated.
Answers
1 to 14 of 14
Send a letter, by Royal Mail's 'Signed For' service, as follows: "Sirs, I was employed by your company from _______ to _________. During that period a total of £__________
15:49 Wed 29th Mar 2017
Send a letter, by Royal Mail's 'Signed For' service, as follows:
"Sirs,
I was employed by your company from _______ to _________. During that period a total of £___________ was deducted from my pay in respect of pension contributions. However I have been advised by your firm's pension provider (Bloggs & Co Pensions) that no account in my name was ever set up with them and that they did not receive any of the sums deducted from my pay. I must therefore assume that the money is still held by your company.
TAKE NOTICE that I DEMAND immediate repayment of the above sum.
FURTHER TAKE NOTICE that if I do receive PAYMENT IN FULL within FOURTEEN DAYS I will commence LEGAL ACTION against your company.
Yours faithfully, "
[To be valid as a legal demand, your letter should include the company's name and address, as well as your own, and be dated]
If you still don't get your money, claim online here:
https:/
"Sirs,
I was employed by your company from _______ to _________. During that period a total of £___________ was deducted from my pay in respect of pension contributions. However I have been advised by your firm's pension provider (Bloggs & Co Pensions) that no account in my name was ever set up with them and that they did not receive any of the sums deducted from my pay. I must therefore assume that the money is still held by your company.
TAKE NOTICE that I DEMAND immediate repayment of the above sum.
FURTHER TAKE NOTICE that if I do receive PAYMENT IN FULL within FOURTEEN DAYS I will commence LEGAL ACTION against your company.
Yours faithfully, "
[To be valid as a legal demand, your letter should include the company's name and address, as well as your own, and be dated]
If you still don't get your money, claim online here:
https:/
agreed BC
good ledda
taking a pench cont and then not passing it on is breach of trust (civil ) AND fraud s2. of the Fraud Act 2006
On the facts stated you have an excellent case in both civil ( for getting your own ( hot little ) hands on what is your own money AND for screwing your employer in the criminal courts ( where you would NOT automatically get the money )
Good luck - disgraceful behaviour ....
good ledda
taking a pench cont and then not passing it on is breach of trust (civil ) AND fraud s2. of the Fraud Act 2006
On the facts stated you have an excellent case in both civil ( for getting your own ( hot little ) hands on what is your own money AND for screwing your employer in the criminal courts ( where you would NOT automatically get the money )
Good luck - disgraceful behaviour ....
I was gonna say - make them set up the pension so that he was in the position he would have been from day 1
and that would involve the employers cont
but he says he wants his conts back .... to take elsewhere
actually it may be more worth setting up the pension at bloggsie
and then transferring it 'thro the usual channels' as that would mean the employers conts are included BUT there is a MVA ( mkt val adjustment)
and that would involve the employers cont
but he says he wants his conts back .... to take elsewhere
actually it may be more worth setting up the pension at bloggsie
and then transferring it 'thro the usual channels' as that would mean the employers conts are included BUT there is a MVA ( mkt val adjustment)
There is an additional dimension to this dispute, and that is the tax angle.
The company would not have paid income tax on the money it supposedly put aside for your pension. In theory if they do refund this money there could be a tax demand from HMRC.
So besides you being denied the benefit, HMRC have been defrauded out of the tax due.
HMRC could cut up rough with the company (even through the amount is small), just to let them know defrauding HMRC is not a good idea.
If the company plays hard-ball with you – you could threaten to inform HMRC of the dispute, pointing out the tax angle.
The company would not have paid income tax on the money it supposedly put aside for your pension. In theory if they do refund this money there could be a tax demand from HMRC.
So besides you being denied the benefit, HMRC have been defrauded out of the tax due.
HMRC could cut up rough with the company (even through the amount is small), just to let them know defrauding HMRC is not a good idea.
If the company plays hard-ball with you – you could threaten to inform HMRC of the dispute, pointing out the tax angle.
pension tax angle
the employee is not allowed to look at the employers books but it is likely that the wages expenses acct etc will show all the correct contributions ( and the pensions cont acct will also show the inward flow)
but no payment has been made
( I agree with decent accounting the excess money ( non payment) should show up somewhere) - if the employer is registered for VAT then the VAT payments will be awry
screw them - employers have to obey the law like the rest of us
I spent a lot of time telling MY employer that ....
who...........CMFT Manchester. see here
http://
I liked telling them they couldnt spend tax payers money on cases like this. one of their managers made overwhelmingly embarassing admissions in the witness box.
the employee is not allowed to look at the employers books but it is likely that the wages expenses acct etc will show all the correct contributions ( and the pensions cont acct will also show the inward flow)
but no payment has been made
( I agree with decent accounting the excess money ( non payment) should show up somewhere) - if the employer is registered for VAT then the VAT payments will be awry
screw them - employers have to obey the law like the rest of us
I spent a lot of time telling MY employer that ....
who...........CMFT Manchester. see here
http://
I liked telling them they couldnt spend tax payers money on cases like this. one of their managers made overwhelmingly embarassing admissions in the witness box.
1 to 14 of 14
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