Barnett Waddingham Problems With My Late Father's Pension.

[REDDRAGON]

Hi,

My father passed away last November and he had a small company pension.

Former British Steel.

When he died I contacted all relevant companies.

 

When I contacted his pension company I was informed that there was an overpayment on his pension of just under £800.

I explained to them that there were no monies in his estate but that there was a property that would be put on the market within the next few months and then any funds owing would be paid out of that. This was acceptable to them at the time.

 

since then, I have had letters from them stating that as they act as trustees of the pension they require payment. 

they have threatened me with debt collectors, which I know are toothless unless a court  order has been granted.

Despite writing to them, talking to them on the phone, and e mailing them, they still insist on payment.

 

As you might be aware, during the current situation we cannot get estate agents to view the house or put it on the market. It's ready to go.

 

My question, am I responsible for paying this debt out of my own pocket?.

The funds will be there once the house is sold.

 

And finally, this company has trashed my credit file, is there anything I can do about that?.

 

Thanks for your help.

[dx100uk]

19 minutes ago, REDDRAGON said:

they have threatened me with debt collectors, which I know are toothless unless a court  order has been granted.

 

a DCA is still toothless regardless to any 'court order' 

a 'court order' does not magically make them bailiffs.

 

who is the pension co.?

 

and no you don't have to pay it

and I doubt the estate does either...I've a feeling you are bein had here,, what can they do..abosolutrly nothing..

[AndyOrch]

Quote

And finally, this company has trashed my credit file, is there anything I can do about that?.

 

Who..British Steel ?

[REDDRAGON]

Hi, 

It's no longer British Steel that runs the pension scheme.

It's a company that is called Barnett Waddingham. These are the ones I have been dealing with as executor of my father's estate

And these are the ones that have trashed my credit file.

 

I'm happy to pay it once the house has been sold and funds are available. however, I cannot afford to pay it out of my own pocket and I'm unhappy about the fact that they have marked my credit file as my debt.

[AndyOrch]

How have they trashed your CRAs what have they entered as  negative details ?  Screennshot ? 

 

Topic title amended

[REDDRAGON]

Hi, 

will try and get something when I can.

I found out that they have entered details on my file when I went into my bank to see about an overdraft as with this coronavirus was having difficulty.

The bank informed me that there was this marker on my file.

[AndyOrch]

You dont personally have a financial relationship with the debt or company in question only a duty to resolve the estate.....I would be advising all the CRAs with a notice of correction and also a warning to Barnett Waddingham to remove it or you will have to escalate matters to to the ICO.

[REDDRAGON]

Thank you for your help. much appreciated, will get in touch with the credit reference agencies and request a notice of correction. 

Also tomorrow will contact Barnett Waddingham.

 

Once again, thanks for your help.

[dx100uk]

writing only by royal mail.

certainly should not be showing on your dreit file unless you were a named recipient of death? proceeds?

pers I would also send them an sar too

many of these farmed out British steel pensions were heavily mis-managed by these private companies in the 80's 90's

 

find out what this 'over-payment' is, are you aware what it is? like poss paid out a few months/weeks after his sad demise?

 

 

 

[ericsbrother]

If there was an overpayment you will need details of it as your father's executor so you can look into paying the debt in the fullness of time. If you take a decade sorting things out that is up to you unless a court has ordered you to speed things up.

 

in the meanwhile speak to the Pensions Advisory Service and tell them about their unlawful marking of your credit files and see if they will intervene.

 

You may well end up asking the Ombudsman to determine whether their actions are/were reasonable

 

I would bet on them winding their necks in as soon as a regulatory body is on the horizon

[honeybee13]

Hi. I'm a bit confused here

 

According to this link, Barnett Waddingham in Birmingham are the British Steel scheme administrators. The trustees are Open Trustees, part of a law firm in Bristol.

 

https://www.opentrustees.com/what-we-do/old-british-steel-pension-scheme/

 

In my limited experience of this type of pension, I'd think that the trustee would be the one handling the money.

 

Maybe you could tell us a bit more please.

[REDDRAGON]

Hi, 

Thanks for your response.

All correspondence I have had has been with Barnett Waddingham.

There has been no mention in any letters from them stating that they are acting on behalf of anyone else.

 

The last mail I received from them was on March 23rd.

In it, it states that Barnett Waddingham has been appointed as administrator and payroll provider for the scheme.

All they ask is for repayment of the pension overpayment. 

 

This was as a result of my father passing away end of November and the pension going into his account a week before his death.

It was not noticed at the time and all monies in his account were used for his funeral.

 

It was only a week or two later when I contacted Barnett Waddingham that I was informed of the overpayment.

I then contacted them again explaining that there were no funds in his estate.

however, there was a house that would be put on the market and when sold all debts would be paid out of that.

 

I thought they were happy with this arrangement but since then I have received around four letters asking for the overpayment to be paid, with the last letter finishing with the statement that if the overpayment was not paid by the 23 April then they would instruct debt collectors to recover the payment.

 

I am happy to honour his debts when the house is sold, until then I cannot afford to repay this overpayment.

 

Thanks again for your help. Hope this extra info will help.

 

[honeybee13]

Thank you for that.

 

So is it definitely Barnett Waddingham's name on your credit entry please?

 

HB

[REDDRAGON]

Hi,

Yes

[honeybee13]

Thank you again. Other people here advise on debt collection but I still don't understand why debt collectors were instructed on 23rd April and you already have an adverse entry on your credit record.

 

It could be me, but could you say more please?

 

HB

[REDDRAGON]

Hi,

There is not really much more can be said.

 

All I had was a letter stating that on the 23rd April if I had not paid them by then, that they would instruct debt collectors.

i do not know if they have been instructed or not.

 

I have had no correspondence from Barnett Waddingham since 23rd March.

The only reason I found out about the adverse entry was when I went to my bank to discuss something with them.

 

I have a very good relationship with my bank, and they suggested that I look at my credit report.

[dx100uk]

as post 2 re stupid DCA's

 

dx

 

[ericsbrother]

get copies of your credit files and then get them corrected or at least a notice of correction slapped on them

anyone else reading your file knows there is a problem.

 

these people will end up owing you money for their breach of the GDPR and libel but get the records amened first

[honeybee13]

How are you getting on with this, reddragon?

 

HB