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tax on pension redress payment

Hi there, i am after advice if anyone has been through this and the outcome. I have been offered a redress payment of 95k for bad advice given regarding my company pension,The bad advice was given in 2009 but i was no longer working then i am a nil rate taxpayer also no tax deduction has been made from the redress because of this also there is no interest added to this figure. so  i have had lots of advice the company who dealt with the redress have told me that this in not income nor a capital gain so i should not be taxed on this also said  i don't have to declare it to HMRC.( so now i'm worried ) if i don't will i end up with a huge tax bill.?  i rang HMRC the chap i spoke with kept having to ask a supervisor because he wasn't sure he said 11k would be tax free up to 36k would be at 20% with the remainder at 30%. It seems unfair to be taxed so much.so i really don't know what to do now. any advice from anyone on this would be great thanks,

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