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attachment to pension

(18 Posts)
YNK Tue 22-Nov-16 16:13:37

My ex retired earlier this year and I retire at the end of the month.

The quote I got from YourPension didn't have any mention of the attachment so I phoned them to ask about it.
They say they have no knowledge of the order although I have correspondence from 2 years ago where they talk about it - I cant remember this but it seems they sent me a form then paid me £29. The letter thanks me for my correspondence in regard to the Order.

Obviously I am panic stricken and they have offered to get the caseworker to ring me later.

Meanwhile I have arranged to get a copy of the order from County Court.

My ex is the most evil, devious man on the planet and I had to agree to the order as he wouldn't give me anything else so this is all I have and he robbed me blind at the time to the tune of £20K.

I hoped that at least this meant I would be secure in my old age.
Am I right to panic?
Does this mean he's cleaned out his pension pot and left me with nothing?

YNK Tue 22-Nov-16 17:31:21

I've still not had this phone call from the caseholder (he was meant to call me on his return from lunch), however I have now been told they have found the attachment order but it is in my casework file and it should have been in his.

He has had his lump sum and is now receiving his pension but I have had nothing and no correspondence from the pension provider about it.

It looks like something has gone horribly wrong here.
Does anyone know where I stand?

TwitterQueen1 Tue 22-Nov-16 17:35:27

You say he is receiving his pension so there is still a pot of money there. I was also awarded a % of my exH's pension, but he refused to facilitate the transfer and just ignored all correspondence. It took me around 18 months, but I got the money in the end, so I think you just need to persevere.

The important thing is that his pension provider is aware of the attachment because I'm guessing they will have calculated his pension from the full amount.

[disclaimer: I'm not a pensions expert!]

TwitterQueen1 Tue 22-Nov-16 17:37:15

Also, because around 4 years had passed since the original order and the amount was a %, not a fixed amount, I got around £20k more than I would have done if he had cooperrated... I got the benefit of interest on his large pot. grin

YNK Tue 22-Nov-16 18:35:15

I know he received a very large lump sum and it seems the pension provider has been unaware that I was entitled to a % of this (through misfiling the Order).
Will they try to reclaim these monies from my ex, or will they be liable since it seems it was their mistake? Or worst case scenario - does this mean I'm left without?
I'm worried sick!

He is a very vengeful man and if he has to repay money he's already received, then I need to run for my life!

YNK Tue 22-Nov-16 18:41:07

I thought the pension provider was meant to act as an intermediary so ex spouses don't need to deal with each other directly?

I'm scared stiff of him and I'm very ill (retiring on health grounds)

We divorced in 2002 and I thought it would be the last time I had to deal with him but since then he has gone after anyone who has been kind to me and caused terrible damage to these people

WetNovemberDay Tue 22-Nov-16 18:49:08

I would wait to see what they come back and say but I'd think they were liable to pay you as this is their mistake. Then they can try to recover x amount from your ex.
I'm no expert just guessing.
I'd eat to see what they come back and say an if not happy then try and speak to your solicitor who drew this up or get a free half hour with one for advice.

YNK Tue 22-Nov-16 19:14:11

Thanks for your kindness, this has left me absolutely reeling!

scrivette Tue 22-Nov-16 19:43:11

Is it a Local Government Pension?

You shouldn't have to deal with him directly at all.

If the order was made then the scheme will have to honour it. If they have overpaid his pension then they will need to recover it from him directly.

YNK Tue 22-Nov-16 19:59:09

Yes, it's local Govt.

If he is made to pay it back because he will exact revenge on me. I have no doubt about that!

I fear they have put me in very real danger.

TwitterQueen1 Wed 23-Nov-16 09:02:17

I doubt he will need to pay anything back. The max you can withdraw as a lump sum from a pension pot is 25%, so there will still be a substantial amount left.

The pension provider will simply need to recalculate the amount he is receiving on a monthly basis.

YNK Wed 23-Nov-16 20:17:11

The matter has ben reallocated to a manager and she has not been available to talk to me today.
I have no choice but to wait and see what they come up with

scrivette Thu 24-Nov-16 11:49:58

I think I know who the company you are talking about is as you mentioned it in your first post.

Phone back again today and chase, ask to speak to the manager of the overall section (male). They may have to receive advice from their technical department as to how best to proceed so that could be the delay.

However, if the order has been made, you are entitled to the pension and it sounds as if his may have been overpaid.

Due to data protection they can not divulge your details but it might be worth confirming again to the manager that your details must not be given to anyone and they can put a note on their records.

I hope you can get it sorted.

WetNovemberDay Fri 25-Nov-16 07:41:52

Any progress YNK?

YNK Mon 05-Dec-16 15:29:45

Thanks folks.

I continued to phone several times daily as well as writing and emailing.
My calls were met with conflicting answers until at the end of last week I was told the matter was being attended to by the directors.
They admitted there was a court order and I would be paid once the sum is assessed.
It seems my ex retired 2 years ago and they thought the £29 was all I was entitled to. They now admit this was a mistake. They will not tell me how this happened due to 'data protection'.
I'm left to read between the lines that my ex pulled some sort of stunt to claim the full amount and he will be required to repay them.
I'm waiting for the pension provider making their new calculation and giving me what I'm owed.

scrivette Tue 06-Dec-16 06:31:54

Glad it's being sorted for you.

YNK Sat 10-Dec-16 23:42:41

I got a letter today saying they had miscalculated back in 2014 and I should have got £29K not £29.
They are paying up but no doubt my ex will not take it lying down.
I fully expect some retribution!
I'm still relieved to have got my pension though!

scrivette Mon 12-Dec-16 19:20:58

Wow! shock
That's a bit of a difference!
They can not give your details out to your ex and it is possible that it was done correctly at his end and your part was done incorrectly so he may not have to have his revised.

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