Hello all this is my first post so be gentle!
Im currently going through a complaint with my Pension Provider from my previous company
It basically consists of the company requested me to opt out of the scheme in 1990 for a cash lump sum payment - basically I was Induced and took the bait with no financial advice whatsoever - its taken a year for the company to finally respond via a solicitor of whom have totally disregarded my claim and put the emphasis on the limitation act 1980 - here is a snippet of the response :
The Limitation Act 1980 sets out the time
periods for which any claim must be pursued. A claim in contract must be pursued within 6 years of
the accrual of the cause of action. In your circumstances the cause of action accrued at the latest
when you re-joined the Scheme in 1996. Therefore any contractual claim would have expired by
2002. Any claim in tort (for example a negligence type claim) would again commence, at the latest,
from the time you re-joined the Scheme in 1996. Tortious claims are subject to s14b Limitation Act
1980 which imposes a 15 year Iongstop period within which, under certain circumstances, claims
can be pursued. Even under those circumstances any claim must have been pursued by 2011.
Due to some serious digging, I have become aware of the section 32 :
"any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant".
I only became aware of my short fall last year when i received my full statement telling me of the years I contributed to the scheme
Im fully aware of me opting out of the scheme but feel that my losses were concealed until i have reached retirement age - I managed to re enter the scheme some years later but have only managed about 9 years pension out of 18 years service
Your thoughts? I have instructed the Pensions Ombudsman to look into it for me as well
Regards