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Blackmailed by ill health pension provider ?

50Twuncle
50Twuncle Posts: 10,763 Forumite
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Is it common practice for a pension provider to blackmail someone on an ill health pension - who queries the T&C of the pension - being informed that if they go straight to the PENSION ADVISORY SERVICE - then they will lose their rights to query the pension within the company ?

Also - does the Pension Advisory Service have TEETH ?
ie) Does it have the power to force a company to change it's T&C - or is it just an "advisory/arbitration service" ?
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Comments

  • Pollycat
    Pollycat Posts: 35,940 Forumite
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    21Twinkle wrote: »
    Is it common practice for a pension provider to blackmail someone on an ill health pension - who queries the T&C of the pension - being informed that if they go straight to the PENSION ADVISORY SERVICE - then they will lose their rights to query the pension within the company ?

    Also - does the Pension Advisory Service have TEETH ?
    ie) Does it have the power to force a company to change it's T&C - or is it just an "advisory/arbitration service" ?

    Is it really blackmail?

    Maybe it's just a statement of fact.
    I don't know enough about it but I think that in travel complaints if you choose to go down a certain route and your claim is rejected, you can't then go down the alternative route.
    Could the pension provider be saying something like that?

    Why do you want/need to change the terms and conditions of the scheme?
    I personally wouldn't think that an organisation that has 'Advisory' in its name would have "TEETH".

    And if you google it, it says "The Pensions Advisory Service (TPAS) is an independent non-profit organisation that provides free information, advice and guidance on the whole spectrum of company, personal and stakeholder schemes. We also help you understand how state pension issues interact with other pensions you may have."

    You might like to read this extract from TPAS website about dealing with complaints:
    http://www.pensionsadvisoryservice.org.uk/dealing-with-complaints

    it clearly says that
    You must have already attempted to resolve the complaint or dispute in writing with the parties involved. We will require copies of that correspondence and any other relevant documents. The case file will then normally be sent to one of our volunteer advisers who will, through conciliation and mediation, try to resolve the problem if they believe that your complaint or dispute is justified.

    Are you getting TPAS and the Pensions Ombudsman mixed up?
  • lisyloo
    lisyloo Posts: 30,094 Forumite
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    who queries the T&C of the pension - being informed that if they go straight to the PENSION ADVISORY SERVICE - then they will lose their rights to query the pension within the company ?

    From what you have said it doesn't look like blackmail, it looks like they are giving you advice that may be correct and may be worth taking heed of.

    Why not run your query through the company first.
    THEN if you don't get satisfcation take it elsewhere.

    I'm jsut an outsider and only see what you've written but it does look like you may be over-reacting a tad.
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    edited 10 October 2012 at 10:22AM
    lisyloo wrote: »
    From what you have said it doesn't look like blackmail, it looks like they are giving you advice that may be correct and may be worth taking heed of.

    Why not run your query through the company first.
    THEN if you don't get satisfcation take it elsewhere.

    I'm jsut an outsider and only see what you've written but it does look like you may be over-reacting a tad.

    Sorry - there is more that I want to say - but am unable to....
    The company is breaking TUPE rules and refusing to even consider my entitlement - so it appears pointless even considering using the internal processes (the Trustees address is the same as the pension admin - which implies that they are one and the same......)
    All that I get when I query the rules is "here is the link - accept it (or words to that effect) - I am querying their right to change the rules - and they should not be able to apply them to me retrospectively - I signed up to rules created in 2005 - they are trying to apply 2012 rules to my T&C...)
  • dunstonh
    dunstonh Posts: 120,240 Forumite
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    If you complain to an external body then it is normal for the company to instruct its staff not to deal with you (other than required transaction areas or unrelated issues) whilst your complaint is being dealt with to avoid any conflict. Not blackmail but common sense as you have effectively ended your discussions with the pension provider and escalated up the line
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    So should I be contacting the pension ombudsman or TPAS ?
  • Pollycat
    Pollycat Posts: 35,940 Forumite
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    21Twinkle wrote: »
    So should I be contacting the pension ombudsman or TPAS ?

    Have you (as per my earlier post) already attempted to resolve the complaint or dispute in writing with the parties involved?

    I'm not sure who you need to go through, maybe someone with more knowledge (Dunstonh?) could advise you on the basis of the additional information you've provided in your 2nd post.
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Part of the problem is whether the company has the right to stop paying my ill health pension - if they discover that I am earning (pocket) money - in a part time job ?
    How can they find out - if I tell porkie pies in a signed statement ?
    Only HMRC will know and will they reveal this to anyone else ?
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Pollycat wrote: »
    Have you (as per my earlier post) already attempted to resolve the complaint or dispute in writing with the parties involved?

    I'm not sure who you need to go through, maybe someone with more knowledge (Dunstonh?) could advise you on the basis of the additional information you've provided in your 2nd post.

    I have emails coming out of my PC - So yes - I have attempted to resolve this with the company - but they won't budge !!
    The company is American in origin which is part of the problem - they don't even recognise ill health retirement and I had to struggle to get accepted in the first place !!
  • ILW
    ILW Posts: 18,333 Forumite
    21Twinkle wrote: »
    Part of the problem is whether the company has the right to stop paying my ill health pension - if they discover that I am earning (pocket) money - in a part time job ?
    How can they find out - if I tell porkie pies in a signed statement ?
    Only HMRC will know and will they reveal this to anyone else ?

    If you are on an "ill health" pension, it could be that is is paid on a basis that you are unable to work, if you are indeed working that may well affect any payments.
  • 21Twinkle wrote: »
    Part of the problem is whether the company has the right to stop paying my ill health pension - if they discover that I am earning (pocket) money - in a part time job ?
    How can they find out - if I tell porkie pies in a signed statement ?
    Only HMRC will know and will they reveal this to anyone else ?

    So are you engaging in fraud?. The purpose of an ill health pension is to support those who cannot work. Such actions make it harder for genuine claimants and raise the costs for others in the scheme. If this is the case,You are basically a tea leaf.
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