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    • As I recall the only thing you tried telling us was based on a quote that you selectively edited by Lord James of Blackheath. You misrepresented it as a statement of fact when it was actually a question which was laughed at by his peers in the House of Lords.  We told you it was garbage, you asked us to prove it and we did.   Remember?
    • you need to realise that for every person that does come to CAG and register and tell their story...there are poss 10'000 that don't but search the interweb whereby threads that are here pop up relating to like issues they are searching upon.   Most CAG siteteam and many other registered Caggers give advice that bears this in mind and post information which not only informs the starter of a thread upon what to do, but also takes into consideration the readers from the interweb that also read the relevant advice given that might not be brave enough to register and fess up.   to that end, there is very little alternative than to appear to give 'grief' [you deserve it - tough] to a cagger should certain previous advice not have been followed.....yours is a very classic case of such. hey I've found a backdoor CCJ.   to put it bluntly, had you have followed such previous advice, you most certainly would not be in the situation you are in here now.. .so by example, not giving you grief, for future readers...………..   ...never ever move without informing a debt owner of a move of address on any consumer debt that you last used or paid within the last say 7yrs. your credit file is a major key to ascertaining that information.... .but don't just read this advice come to the consumeractiongroup.co.uk website and let us help.   lecture over... what can you do..or more importantly....what can a claimant do now they have a default forthwith judgement against you. well we can't guess.... they might simply ignore it as 1000's of people with CCJ's find out..but it becomes an issue should you wish to say get a mortgage, remortgage or further credit.   i'm not going to enter into any of that here...that's for the reader to start a thread here and seek advice on their individual situation specific to them as you have done....   so...  bearing the all of the above in mind...over to you with regard to this backdoor CCJ.   as for the other debts that you didn't action before...go read your old thread and action what appropriate advice is given there for each type of debt that has been given should you wish to avoid any further backdoor CCJ's.   dx                    
    • hello my very good helpful friend. I am afraid to say that i did not. As i did not realise the relevance of it.   Should i be doing this right now of anyone on my credit file ?   Plz don't give me grief if u have already advised me...   do i do the ccs request now to everybody in that thread ?    
    • aha busted and stupid ...no wonder you've got mixed information here. never trust anything they say ..they have a very bad reputation for stating the truth.   now can you go get your credit file please..   there are cases whereby a council on historic CTAX debts do go for a county court CCJ, but a liability order from a magistrates court has far more clout legally than a county court CCJ and i've never heard of a court sending a bailiff out for 'multiple' CCJ collection.   me thinks he is pulling the wool here a bit and has looked at your credit file and seen CCJ's too so thought he'd chance his arm and use those as further leverage.   don't worry about the sat visit simply ignore do not answer the door if he appears. your task is too gather data at present.   credit file please..        
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Hi

 

I have got a Final Salary Pension with my current employer which I have had since when I started back in September 2001

 

I am currently ill off work where I have been since Feb 2012

 

After long discussions with my employer they have kindly offered me the chance of voluntary redudancy/compromise agreement instead of Dismissal, this will happen Feb 2013

 

May I ask what will happen with my pension? Or what should I do?

 

Just to note I wont be returning to work in the near future due to my illness

 

Any help would be much appreciated

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I think you will find it will be frozen until you are eligible to draw it usually 55 but at reduced rate until you reach normal retirement age.

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I think you will find it will be frozen until you are eligible to draw it usually 55 but at reduced rate until you reach normal retirement age.

 

Ok many thanks, I assume I do nothng for now then

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You could also enquire with the company about ill health early retirement instead of redundancy/compromise agreement.

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You should still recieve a pension update each year from your employers pension administrator. But yes not much you can do for know unless you are over 55.

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You could also enquire with the company about ill health early retirement instead of redundancy/compromise agreement.

 

Thanks for reply, sorry as I am a novice but what is Ill Health Retirement? I appreciate the title suggests what it is but how would this work? Also would it work out financially better for me taking this route rather than redundancy?

 

Thank you in advance

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Ill health retirement usually involves the employee retiring immediately, qualifying them to start drawing a pension immediately. Instead of making a redundancy payment directly to you, they make an age-related payment into the pension fund, which helps to counteract the fact that it would have to be significantly reduced.

 

Unless you are approaching pension age anyway, the payment they'd have to make into the pension fund would normally be much more than they'd give you in redundancy, so they'd need to be feeling generous to offer it.

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It is an option if you are unlikely to be able to work again and there is no age restriction as to when it can be paid. As for any financial advantage I could not say but I would be very careful how any agreement is worded as voluntary redundancy you are making yourself unemployed and that could have implications for any benefits you may be able to claim in the future.

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Hello there.

 

To follow on from what Marmaris says, my understanding is that some final salary schemes will only pay an early pension to someone who is not going to work again. You've said that you're not likely to return soon, but you haven't said never.

 

It might be worth checking the rules of the scheme.

 

My best, HB


Illegitimi non carborundum

 

 

 

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All thank you for your responses as this helps

 

I am now concerned I will struggle for benefits in the future if made redundant. Either way thank you for your help

 

Regards

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Your pension scheme rules will have a section in it about retiremnt due to permanent ill-health or incapacity.

 

This normally allows you to take a full pension if you are incapable of working defore your normal pensionable age.

 

Some schemes specify that this incpacity is for disharging your normal duties and others say ANY work.

 

You should determine if you fulfill this criteria of permanancy and apply via your employer to the scheme trustees.

 

You will then usually undergo a medical assessment by a doctor appointed by the scheme or an independent specialist.

 

If you meet the criteria you will leave your employment and receive a pension equal to that you would have received assuming you had worked up untol your normal retirement age

and it will be paid immediately.

 

If you do not meet the criteia for ill-health retirement your employer shouldnt make you redundant as that is Disability Discrimination and they know it.

You cannot be treated less favourably than anyone else.

 

I suspect they ahve used the wording as interchangable with a compromise agreement when it is not.

The compromise agreement is basically paying you to go away without any admission of fault from either you or the employer.

this is popular with employers who have failed to manage someones ill health properly in the early stages

and would now be open to a claim of unfair dismissal on disability grounds where the potential damages are unlimited.

 

It basically lets you go with a pay-off and you dont sue them but the post is still available.

 

Redundancy would require proof that your job no longer exists due to 1 of several reasons and thus you cannot be replaced.

If you are made redundant you may be eligible to take your pension early depending on the scheme rules and your age (over 55).

 

The employer would have to pay extra in to make up the actuarial strain of the pension scheme so they wont be keen on this if you can take retirement benefits.

 

Alternatively they can sack you on capability grounds and risk an unfair dismissal for Disanbility Discrimination claim from you.

 

If you take the money from a compromise or redundancy and dont qualify for an immediate pension your pension will be effectively frozen until you reach your scheme's normal retirement age.

 

I would speak to your personnel/HR dept and ask them to consider the ill-health route first

and then make noises about disability discrimination and see what they offer as a settlement.

 

If you are old enough to take an early pension then I would recommend it unless the scheme prohibits you from working in the future

-many prohibit working in the same field-

ie teachers cant retire for any reason and then do supply teaching but can do other work that is not pensionable.

 

They are obviously willing to pay you something to avoid a fuss so make sure that what they offer is enough to make it worthwhile to you.

 

Bear in mind that if it all goes wrong you can have your day in an employment tribunal but there is no guarantee of success

unless you have certain illnesses that automatically qualify.

 

Average payout for DD in these cases is £11k so not enough to keep you for the rest of your life.

 

I wish you the best for your future and let me know how you progress.

I retired on ill-health grounds and 5 years later I am still battling for the correct pension entitlement.

Luckily I have other income and no debt.

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