Teachers pension on divorce CETV - help!

[Mumof3confused]

Ex has a TP. We need an updated pensions expert report (last one a year old, awarded me 46% if that’s relevant. Obviously his pot has been growing over the past 12m. I have a tiny pension which has not changed in value. We are just one year apart in age.

I’m now hearing all sorts of worrying information about TP not providing CETV’s. We have a final hearing due in a couple of months and a court order stating that an updated pensions report is needed.

What happens if/when this report is not ready for the final hearing? Will it be

1. postponed (this would be an absolute disaster)
2. will they go with old report (16 months old by this point)
3. decide that split will be as per pensions expert report once ready (another disaster as this could take forever!)
4. Something else?

I just want to get this over with but his side love a delay. Will the court allow the hearing to be delayed for this reason if the other side request it? Surely this is affecting loads of cases right now and will cause a massive backlog and devastation if it means divorces are put on hold?!

Any intel on when the TP issue might be resolved?

Has anyone had any luck, tips or updates???

I spoke with teacher pensions today and was told they are close to starting to do CETVs again after nearly a year and will then begin clearing the backlog. Nothing more specific than that and I wasn't totally convinced by the accuracy of this.

I live in hope!

Yes we've now been waiting a year...

Theres an update on the TPA website dated 19/06/24

Has anyone had their CETV yet? I requested a full one months ago, was told about it being delayed, so requested an estimate instead which has just been ignored. Can't get the financial order. So frustrating!

Check the TPA website. A client of mine still can’t get his but it seems to depend on when the pension started.

Finally, I have received my CETV. Here’s how I compelled Teachers Pension to address my request:

I submitted a formal complaint to Teachers Pension, but they seemed indifferent. They informed me that I had made a request and there was a delay due to the transitional remedy period, despite my having waited for nine months. They stated that there are no specific timelines for their services.

I contacted my local MP, who is a Tory. He showed little interest and advised me to resolve the issue with a solicitor.

I reached out to Capita Pension Solutions, the company responsible for administrative work on behalf of Teachers Pension. I even contacted their directors, but received no response to my inquiries.

I also tried to connect with a journalist from the Telegraph, but she never got back to me.

I then decided to take Teachers Pension to small claims court. They had charged me over £200 for a service that is typically provided free of charge. I first sent them a letter of action, informing them of my intentions if they continued to dismiss my concerns with the same excuses. "Any paid service" in the UK is subject to "reasonable timeframes", and it is against the law to claim that Teachers Pension has no such timelines. I encourage you to research your rights as a consumer, not just as a pensioner. Initially, Teachers Pension attempted to ignore my concerns, but I believe they received a notification from the small claims court, prompting them to respond quickly to my Letter Before Action.

IMPORTANT: Although TP claims the delay is due to the Transitional Period or a lack of guidance from the government, these are merely superficial excuses. The guidance on the new calculations was released last March, giving TP ample time to address any backlogs. The Transitional Period is simply an excuse. The reality is that Capita Pension Solutions Ltd lost their contract to Tata, and starting in October 2025, Tata will handle all pension-related calculations on behalf of TP. What Capita and TP are doing is essentially sitting idly by and passing all administrative work onto Tata. CETV is just the tip of the iceberg; TP has failed to provide many other services requested by account holders. Just take a look at their Trustpilot reviews. I believe the solution involves informing all affected parties and writing a letter to the government. Small Claims is also an option, but it’s clear that the government needs to investigate this situation further.

Wow @DaringPearlSeal thank you for this info! Absolutely shocking. So you waited almost a year then took them to small claims? Unbelievable. I was thinking about contacting my MP who has always been Labour, but wasn't sure if they'd even consider it.

The TPS have not even replied to me to acknowledge my request to cancel the full CETV and provide a basic estimate. Yet originally when I requested it, they responded very promptly to say if I wanted a full one just send back this form, or if you want a basic estimation just reply online. Why on earth didn't they give this info about delays to people at that initial enquiry stage? It's so stupid. I do not want to be charged for something I haven't received, and the longer it drags on the more complicated the legalities with the divorce. I just want everything done with now!

Yes, the entire process has been extremely distressing and exhausting. My ex had to request a new Cash Equivalent Transfer Value due to the delay. CETVs are only valid for three months, and the courts only consider up-to-date financial information. My ex received his first CETV free of charge seven months ago. We expected I would receive mine around the same time, but unfortunately, that was not the case with TP! I was initially informed that the process would take about three months. However, three days after I made the payment to Capita, TP sent me a letter stating that my pension was subject to the Transitional Period Remedy, which would cause a delay! (My ex's pension is also subject to TPR but he received his within 3 months.) After waiting for five months, I began to chase them for updates. I felt incredibly anxious and frustrated when TP informed me that they had no defined timelines for their services! I experienced numerous sleepless nights, and I even fainted at work on one occasion due to exhaustion. I had to explain my condition to my line manager.

Meanwhile, my ex's pension provider (NHS) informed him that because he was requesting a second CETV within a twelve-month period, he had to pay over £300 for their administration fees. In the end, I agreed to share the cost of his second CETV, which means I now have to wait for his CETV! If the NHS indicates there will be further delays, I honestly don’t know how I will cope.

You mentioned you were offered a free basic CETV estimation. Are you certain they can provide that for you? I asked them multiple times, and they were unsure about the estimated value. You also referred to a form. Please be aware that you may need to return that form to TP. They will then send you a letter containing the bank details for Capita Pension Solutions. Only after you make this payment will they acknowledge your request for your CETV amount. Although you might argue that the CETV is a statutory right and should be provided free of charge once a year, they tend to ignore that point.

Of course, you can ask for help from your local MP. Keep in mind that the government oversees your pension, and essentially, you would be informing your MP that the service you are receiving from their contractors (TP and Capita) is unacceptable. While your MP may sympathize, I'm uncertain how much assistance they can provide.

Given that this issue affects a significant number of people, I believe the best strategy would be to raise awareness through social media and to write a collective letter to the government and local MPs simultaneously. Small claims could also be an option, but there is some paperwork involved, along with a small fee. If anyone else decides to use the small claims process, I encourage them to share their experiences here.

We are waiting for my ex partner’s CETV so whilst I would love to write letters and take them
to small claims court, my hands are tied. I’m worried now about your comment about October 2025….where can I find more info about this?

46 percent will be of joint pots so 46 percent of whatever combined value is on the day of the transfer.

Here is the link: https://feweek.co.uk/capita-loses-out-on-233m-teachers-pension-scheme-contract-to-indian-it-firm/

You can still use the small claims option if you are financially affected due to the delay. For example, if you have already received your own CETV but it is now over three months old. Please note that a CETV is only valid for three months. You do not need your ex's consent to proceed, but it would make sense for him to also take the matter to small claims since he must have paid Capita an administration fee for their service. You can use the letter that TP sent to him as evidence; he will need to show his bank statement related to this payment.

Regarding your case, please remember that pension providers usually charge a fee of over £250 if you request a second CETV within the same year. You cannot wait for your ex's CETV to arrive first due to time limits. You need to ensure that your solicitor has enough time to prepare the consent order, which usually takes 30 to 90 days. Keep in mind that you have only 12 months to apply for a final order (decree absolute). After this 12-month period, the court will require an explanation, and you may need further legal advice on this; however, this will also incur additional costs. In your letter to the small claims court, you can explain how this delay has affected and will further affect your finances. Additionally, you may want to include the emotional distress this delay has caused.

Thank you, I believe he hasn’t paid as this CETV was requested more than 12 months after the first.

Mine Is available to download for free at any time.

We already have the decree absolute but about to head to final hearing.

Has anyone tried submitting their consent order/D81 without the pension? I’ve read a few cases where they have managed to get it through without declaring due to the delays (where parties are not splitting pensions). I’m really tempted to try this?

@HLS22 If you have agreed on your finances, I don't see how a judge can object to your consent order. By the way, there is a lot of misleading talk regarding the fairness of consent orders. As a result, divorcing couples often try to divide their assets on a 50-50 basis. But this is utter nonsense and adds further delay to an already difficult process. An independent solicitor told me that as long as your agreement is based on reasonable terms, that’s what matters. A third party, such as a judge, should respect your wishes. However, many law firms will try to scare you by pointing out that your consent order might be rejected if you don’t seek further advice (from them) regarding its fairness.

If you cannot obtain your Cash Equivalent Transfer Value (CETV), you can estimate it using an online calculator and use this estimate in your consent order and Form D81. The judge doesn't need to see a copy of the CETV from your pension provider. Only if they ask can you then inform the judge that you are in the process of obtaining an up-to-date CETV figure from your pension provider. However, if you are applying for a pension sharing order, both parties need to provide the court with actual figures.

You can use a law firm or one of those online divorce services to draft your consent order. Explain to them that the CETV you have is a basic estimate and that you are having difficulty obtaining the actual figure. Make it clear that you are both in agreement and seeking an amicable divorce. They can also help with Form D81. If you attempt to complete these forms yourself, there is a greater likelihood that the judge will find an error and return them to you. It’s advisable to let the law firm submit the consent order on your behalf. You can send it by post, but there is a risk of it getting lost or delayed.

You can write a "letter before action" to Teachers' Pension (TP). Since losing their contract last year, Capita has made hundreds of their staff redundant. TP and Capita are leaving most (if not all) administrative work to Tata to manage after October 2025. However, you can escalate this matter to the small claims court if you paid them for their service. Be sure to keep a record of everything you receive from TP, such as letters, chat logs, phone call records, etc. Here is an example, feel free to make any additional adjustments:

Your Name
Membership No (last 4 digits)
Your Address
Date

Teachers' Pensions
11b Lingfield Point
Darlington
DL1 1AX

Dear Sir/Madam,

Re: Letter Before Action Regarding Delayed CETV Request

I am writing to formally notify you of my ongoing issue regarding the delayed transfer of my Cash Equivalent Transfer Value (CETV) request, which has caused significant distress and inconvenience during my divorce proceedings.

As part of the divorce process, I need to submit a consent order to the court following the issuance of the conditional order (decree nisi) on [insert date]. This requires the CETV amount, which I requested from you on [insert date]. At that time, I was informed that the process would take up to three months. I paid the associated fee of £££ to Capita Pension Solutions Ltd. promptly.

However, after this payment, I received a letter from Teachers Pension indicating that there would be a delay due to a Transitional Period affecting CETV calculations. Since then, I have waited over [XX months] for this request to be fulfilled, and my attempts to follow up have been met with the same repeated excuse and no estimated timeline for resolution.

You announced on your website in June 2024 that delays were due to the Transitional Protection changes:
https://www.teacherspensions.co.uk/news/employers/2024/06/delays-in-processing-cetvs-and-psos.aspx

I would like to point out that the new guidance was made available to you on March 27, 2023, and therefore you had ample time to adapt to the new regulation, which was to be announced in October 2023:
https://www.gov.uk/government/consultations/teachers-pension-scheme-tps-transitional-protection-remedy

On your website, you seem to have promised to provide affected individuals with estimated timescales in the coming weeks. It has been XX weeks since you made that announcement, and you are yet to provide me with an estimated timeline for the completion of your service.

Under the Consumer Rights Act, services should be carried out within a reasonable timeframe. Given that CETV requests are typically fulfilled within three months and are usually provided without charge, I find your service to be unacceptable and negligent.

I require the completion of my CETV request within the next 21 days.

Please be advised that I reserve my right to seek compensation through the small claims court should this request continue to be ignored.

I look forward to your prompt attention to this matter. Please ensure that all correspondence is sent to my address above.

Yours sincerely,

[Your Name]
[Your Signature (if sending a hard copy)]

There is also now a Facebook group for those of us in this situation if you want to join. 'We need our CETV'.

Been waiting for 13 months now since August 2023. Can't complete divorce either. I've referred my complaint to the pensions ombudsman, but you have to give the TPS 4 months notice under their scheme's IDRP (Internal Dispute Resolution Procedure). I've just reached the 4 month deadline so I've contacted the ombudsman again.........

I don’t know if this helps anyone on here (who isn’t splitting pensions) but I got our consent order through without declaring my pension/CETV. Therefore if you aren’t touching them, 100% worth a go! I submitted my teacher pension letters saying I can’t get it.

@DaringPearlSeal hi, just jumping on this thread as I am currently stuck in limbo waiting on the TPS CETV. Did you actually get the TPS to issue your CETV by threatening small claims action? Or did you just get a refund on what you paid for it?

I didn’t have to pay as it was the first time I’d asked this year, but thinking if I request it a second time (and so it incurs a fee) is going to the small claims court then an option?

Has anyone who is affecting by the transition period actually got their CETV? I’m feeling pretty desperate! Can we get some sort of campaign going? Unions? DfE? Guardian?

I’ve waited a year now and nothing. It’s not even my pension so I feel my hands are somewhat tied.

My sister got hers very quickly after writing to her MP. May be worth asking?

If anyone is waiting on a CETV and is interested in joining a campaign on this issue, do please DM me!