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    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
    • the pursuers don't have to serve a DN the original creditor did the pursuers have failed to prove one was ever served. fatal under section 87 of the CCA    no signed cca nor relevant T&C's    
    • PDF only please read upload   yes block and bounce all email addresses.   dx  
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vizkij

FSCS Decision letter on Pension

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Dear those who have had decision letter or have Knowledge

 

The letter said my lost was £80,000 (this is what my pension would be worth)

however the amount they put as transferred was the amount my new current pension is worth £40,000(this is what they awarded me)

however at the time of transfer the amount was £19,000 NOT £40,000.

 

I am lead to believe that my current pension should not be used as a decision. Only the pension at the time of transfer.

 

Were they right to use my current pension figure as the amount transferred when it £19,000. less broker fees

 

My current pension is not income guaranteed it an shared investment policy

 

They also didn't take in to consideration life insurance attached or brokers or life time brokers fee attached to my pension

 

Do I need to make a separate claim for life insurances attached to my pension.

I was lead to believe this should of been included in the calculations

 

Any examples of FSCS Decision well be appreciated feel free to change figures and name

 

Dear all

 

 

The FSCS used my current pension figure as a lost sum however this was not the amount transferred and the model for this pension is not the same as the pension it was transferred from.

 

 

They did not include my life insurances attached to my pension or life time brokers fees.

 

 

 

 

Thanks

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Hello there.

 

I've merged your threads, it's best to stick with one.

 

Can you type up their calculations please, minus any identifiable information? It could help people to advise you.

 

HB


Illegitimi non carborundum

 

 

 

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Notional transfer value of Civil Service

 

Pension scheme benefits

 

£73,995.68 £73,995.68

 

Valuation of Scottish Widows Pension

 

scheme

 

£38,524.98 £35500

 

£73,995.68 £38,524.98 £35,500

 

Net Lodgements: £35,470.70

 

Add Interest Equivalent Sum: £0.00

 

Eligible Amount: £35,500

 

Less Abatement: £0.00

 

Total Compensation Payable: £35,500

Total Compensation Paid To Date: £0.00

 

Total Payment Due: £35,500

 

The original amount was £21,000,

the new amount of £38,000 is what my pension is now.

Please note I wasn't in the civil service

 

This does not include my occupation life insurance attached my old pension or life broker fee deductible attached to my current pension.

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so they owe you £35k

 

All the other valuations, benefits and deductions are taken into account so it matter not what things were

but they are supposed to use an equivalent value to place you into the same position as though you had never left the other scheme.

 

you claim what is at the bottom of the page, namely £35.5k

 

Once you retire the life insurance goes out the window so not a consideration

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Thank for your reply.

 

I'm not retired

my pension was transferred out to another pension provider without good advice

 

my current pension it's in more of a share type pension scheme

meaning that my pension will not be guaranteed

it can go up or down;

 

where as with the occupational pension that pension rate is guaranteed at the end of my retirement

 

I'm to believe that my life insurance would still remain on my pension despite me not actually being within the Civil Service until retirement.

This should of been taken into consideration and they should not of used my current pension scheme as a basis to value my pension

 

only the amount that was transferred into it

which was £21,000

 

considuring it was at a loss due to the property crash

 

I'm confused how this figure can be used.

Edited by vizkij

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Hello there.

 

Have you asked the FSCS to explain how they did their calculations? You're in the area of actuarial science and I'd be surprised if CAG has anyone who's qualified in that.

 

HB


Illegitimi non carborundum

 

 

 

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Hi

 

 

Yes I have.

And having done my own research life insurance (it is also on their example on their website, and guidance)

life insurance must be also included in calculations if on the policy at the time of transfer.

 

Unless you had to be in the job at the time?

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was this old gov't 6% super annuation scheme and you serp'd out in 1992

when thatcher allowed millions of people to be sc@mmed out of their future pensions by the offer of a £200 backhander


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the life insurance bit disappears when you are no longer paying into the scheme BUT there is an extra payout to dependants if you die withn a short time of retiring. This would apply to those members who were not still actively contributing as well but since you moved your pot out them wouldnt apply.

Go back to the FSCS and tell them that SW have failed to apy the right amount into your pot as instructed. stop going on about the life insurance, it is a red herring and may end up costing you.

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Dx100UK; Hi no; yes heard about it.

 

Ebrother 09:55

Hi thank for this. Kind regards

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