Ex husband blocking pension

lawrenson

Hi,

My ex husband and I used to have a small business, and had a private pension with it.

When we divorced He took control of the business (I had stopped paying into the pension some time beforehand).

Since then I have heard nothing from him at all. We have zero contact and it was a bitter divorce. I have had no updates about my pension.

I contacted the Prudential assuming that the pension would start in 5 years, but no, it is actually when I am 60, which is very soon.

Since November the Pru have contacted my ex 3 times, trying to get him to sign forms to allow me to access to it. He has ignored all of their letters.

I am assuming that now I have to take legal action of some sort. What exactly do I need a solicitor to do for me please? 

Cheers,
Kal

Marcon

lawrenson said:

Hi,

My ex husband and I used to have a small business, and had a private pension with it.

When we divorced He took control of the business (I had stopped paying into the pension some time beforehand).

Since then I have heard nothing from him at all. We have zero contact and it was a bitter divorce. I have had no updates about my pension.

I contacted the Prudential assuming that the pension would start in 5 years, but no, it is actually when I am 60, which is very soon.

Since November the Pru have contacted my ex 3 times, trying to get him to sign forms to allow me to access to it. He has ignored all of their letters.

I am assuming that now I have to take legal action of some sort. What exactly do I need a solicitor to do for me please? 

Cheers,
Kal

What sort of pension is this - do the words 'small self administered scheme' (SSAS) or 'executive pension plan' ring any bells/appear anywhere on any of the paperwork?

Rather than paying for a solicitor, you may be able to get free and effective assistance from MoneyHelper or the Pensions Ombudsman. Start with MoneyHelper: https://www.moneyhelper.org.uk/en/pensions-and-retirement/pension-problems/complaining-about-delays-to-your-pension

miser123

Do get quotes from different solicitors spelling out a spec of the work you want done.This ideally should be emailed back to you and not verbal.Also specify that you want VAT added.A amazing number "forget" to do this.

Marcon

miser123 said:

Do get quotes from different solicitors spelling out a spec of the work you want done.This ideally should be emailed back to you and not verbal.Also specify that you want VAT added.A amazing number "forget" to do this.

The quote will show that VAT will be added 'where appropriate, and at the prevailing rate', which is the correct way to handle things, given that VAT rates can and do vary.

lawrenson

Hi,

Thanks for the replies.

I think it is an executive pension plan.

Marcon

lawrenson said:

Hi,

Thanks for the replies.

I think it is an executive pension plan.

That would make sense - had it been a SSAS, I'd have expected you too to be a trustee.

As suggested in my post above, try MoneyHelper.

Malthusian

lawrenson said:

Since then I have heard nothing from him at all. We have zero contact and it was a bitter divorce. I have had no updates about my pension.

Does Pru now have your current address?

I contacted the Prudential assuming that the pension would start in 5 years, but no, it is actually when I am 60, which is very soon.

It would be worth checking exactly what happens on your 60th birthday. Is there a guaranteed pension or are there guaranteed annuity rates? There may not be any advantage to taking it at 60.

Since November the Pru have contacted my ex 3 times, trying to get him to sign forms to allow me to access to it. He has ignored all of their letters.

Ask Pru how he can be removed as trustee so you can access the pension, given that he clearly isn't going to respond. If they can't tell you, make a formal complaint. After the first couple of times they should have started the process of removing him as trustee, or at least contacted you to tell you what the options are, instead of just doing the same thing and expecting a different result. 

There shouldn't be any need to contact a solicitor as Prudential are a regulated financial provider, are collecting fees from your pension and have a duty to sort this out for you. 

Hoenir

Was a financial consent order drawn up when you divorced? 

Marcon

Malthusian said:

Since November the Pru have contacted my ex 3 times, trying to get him to sign forms to allow me to access to it. He has ignored all of their letters.

Ask Pru how he can be removed as trustee so you can access the pension, given that he clearly isn't going to respond. If they can't tell you, make a formal complaint. After the first couple of times they should have started the process of removing him as trustee, or at least contacted you to tell you what the options are, instead of just doing the same thing and expecting a different result. 

There shouldn't be any need to contact a solicitor as Prudential are a regulated financial provider, are collecting fees from your pension and have a duty to sort this out for you. 

An EPP is a contract between the pension provider/administrator and the employer. It is perfectly normal for a provider to write repeatedly, sometimes with success - repetition often gets the desired result, although not always, as this case demonstrates.

Removing the husband as trustee isn't for the Pru to do (who would they put in his place?), as it is the employer's responsibility to appoint trustees and ensure they do what they should, unless this is a very strange variant on what is normal. I couldn't find a Pru EPP set of rules, but here's an EPP extract from another provider's contract:

squirrelpie

What is the enforcement mechanism if the employer should fail to keep up their commitments? Especially in the case where the employer has ceased trading?

Marcon

squirrelpie said:

What is the enforcement mechanism if the employer should fail to keep up their commitments? Especially in the case where the employer has ceased trading?

Depends on the circumstances, which is why MoneyHelper is often a good starting point to check the 'best' path is being pursued. The Pensions Regulator or the Pensions Ombudsman are the two most likely candidates for that role where an employer is still in existence; otherwise (assuming an insolvency event), the insolvency practitioners may need to be involved.