# Ex's pension plan maturing - he has left the country for good



## Emmosea (20 Aug 2015)

In 2005, my husband took out a small pension with Irish Life. In 2007, he absconded - he is now living in South East Asia, and I only hear from him occasionally by email. I have received a letter from Irish Life, addressed to The Pension Trustees of his (now liquidated) company, stating that as his 60th birthday is approaching, a relatively small sum (€6,000) is due, together with an annual pension of €300.

When I phoned Irish Life, they advised me to contact the Ulster Bank Branch who sold him the policy. My husband has huge debts owing to that particular bank, so I'm reluctant to make them aware that there is any money due to him, as I fear they will claim it against his debts.

Obviously, he has not worked in this country since 2007. 

I believe that my husband would be prepared to write a letter giving me authority to administer this policy, but I haven't asked him yet.

Can anybody advise me how best I should approach this, so that the money can be accessed by him, or by me.  I was a director of his company, so despite Data Protection, Irish Life were prepared to discuss the matter with me by phone this morning. 

Any steer in the right direction would be appreciated.


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## elcato (20 Aug 2015)

What did Irish Life state on the letter that your husband had to do in order to receive the lump sum ? Did they to ring them or did you just do so out of curiuosity ? I'd just fill in the relevant forms and send them of and see what happens.


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## 44brendan (20 Aug 2015)

Also any debt is now likely to be statute barred so UB would not be in a position to pursue any claim! having said that Irish Life are still the policy providers and UB would not be in any position to address the issues required!


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## Emmosea (20 Aug 2015)

The letter is headed 'pre renewal communication for 'my husband's name'.

It goes on to say that as the plan anniversary date is 1 October, now is the time to review the benefits of the plan, blah blah. Overleaf, they give updated details.

Overleaf, they give the estimated retirements as of today's date at age 60 (which is mid-October) - the figures I mentioned in my first post. 

The person I spoke to in IL was delightfully vague. She kept telling me I should get advice from the seller of the policy.

The long & the short of it is..... How does he, or me, on his behalf, get the dosh?


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## Gerry Canning (20 Aug 2015)

Suggest.

Copy and send back Irish Lifes letter and ask them to forward whatever documentation necessary to have matters sorted by October,
Also explain to them that since he in Asia what do they require to have you deal with matters.
Keep copies of everything and don,t rely on phone calls.
Normally on phone calls you get a blocker not a solver.

ircoha on your use of language.
Fair enough, in that out of context they can viewed as  (hard) but don,t  let it stop you putting in queries.
I have found the site a great education.


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## Emmosea (20 Aug 2015)

Excellent advice, Gerry. Thank you. And thaks to all who replied. Much appreciated.


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## elcato (20 Aug 2015)

Gerry Canning said:


> Also explain to them that since he in Asia what do they require to have you deal with matters.


I wouldn't mention Asia, I'd be inclined to say that he is currently working abroad.


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## Emmosea (20 Aug 2015)

elcato said:


> I wouldn't mention Asia, I'd be inclined to say that he is currently working abroad.


Why not, Elcato?  

You see? This is exactly why I asked my question in the first place. I am unsure about what may or may not jeopardise any possible claim.


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## Emmosea (20 Aug 2015)

Lol, lads! Can we focus on what I should to to get this dosh? Seriously! I have struggled hard for the last 8 years. A cash injection of a few thousand would be actually life changing.


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## elcato (21 Aug 2015)

Emmosea said:


> Why not, Elcato?


Purely as it makes it sound far away and not easily contactable. Maybe I'm just old and still feel these places are days away but so might the person dealing with the claim.


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## Jazz01 (21 Aug 2015)

Emmosea said:


> I believe that my husband would be prepared to write a letter giving me authority to administer this policy, but I haven't asked him yet.





Emmosea said:


> what I should to to get this dosh?


Just wondering if you are doing all this ground work in anticipation of getting the money, but your husband also has it in his mind that the cash injection would be great for him too, once it's all sorted by you. It's his money, he's entitled to it, he may want it ... just throwing it out there...


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## Maesus114 (31 Aug 2015)

Emma,
As the company was liquidated you may have to get the liquidators to sign the claim forms.  Before paying the claim Irish Life will check the Company Registration Website to see that the person who signed as trustee is still a director.  If the company was just wound up without formal liquidation then you should be OK to sign as trustee.

However,as trustee, you are confirming that all details in the claim form are correct and that the money will be passed onto the employee.


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## Emmosea (6 Mar 2016)

So... The liquidator has signed the forms & has become the trustee. But Irish Life is insisting on 'yer man's' signature. Almost despairing at this stage....


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## Emmosea (12 Mar 2016)

I made contact with my estranged husband. He has signed the claim form & sending the original back by courier. Assuming this is sufficient for Irish Life & they issue a cheque, My next problem will be cashing that cheque, as I'm guessing it will be in his name. No joint accounts remain in both our names & as he doesn't have a bank account out yonder. Thoughts?


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## Steven Barrett (12 Mar 2016)

Anti money laundering legislation is very tight these days. Cheques won't be made to a 3rd party, only you ex husband. He will have to cash it.

Steven
Www.bluewaterfp.ie


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## Emmosea (12 Mar 2016)

Would the liquidator, as trustee of the pension, be able to a) cash any cheque or b) request the cheque be made payable to him?
I'm aware that this probably seens ridicously  trivial to many on here, but, seriously, six thousand euros would make an enormous difference to me right now.


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## peteb (13 Mar 2016)

why would a liquidator give the money to you??


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## Emmosea (13 Mar 2016)

Why not?


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## moneybox (13 Mar 2016)

Emmosea said:


> & as he doesn't have a bank account out yonder. Thoughts?



He must have bank account somewhere. How does he manage abroad without a nank account?


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## noproblem (13 Mar 2016)

Just a couple of questions, Are you and himself still married? if not, are you claiming anything in regard to being separated/divorced? have you any children as a couple? was he made bankrupt? Are the companies debts still live? Please don't take offence at my questions as they're not directed in that way. If you get this money and use it there could be problems down the road, especially as there's a paper trail.


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## Emmosea (13 Mar 2016)

Ok. whenever he phones me, a variety of numbers show up on my phone, Italian numbers, American numbers, Nigerian numbers. When I did a Google search of these numbers, warnings about spurious scamming sales companies appeared. The mobile phone number he uses to Whatsapp the kids is one in S.E. Asia. So I'm assuming that he is on the shady side of the law. Also - a call to the consulate of the country he is living in revealed that he exits the country every 11/12 weeks - presumably to renew his visa, which would indicate again that he has no legitimate documentation - hence no bank account. 
Yes, we are still officially married. I don't have a residential address for him, and, anyway, I can't afford to engage a solicitor to start divorce proceedings. The kids were 12, 15 & 16 when he ran away - they are now all over 21. He never sent a birthday or Christmas card, let alone any money to me or them. 
Regarding the company's debts - there are approx 18 judgement mortgages on our family home. I was a director of his company. 
He wasn't made bankrupt, to the best of my knowledge. Would I have been informed if he had?
 As I said, he has been gone since 2007. Since the day he ran away, I was upfront & honest with everybody about everything. Tempting as it was, I did not keep any of the cheques which trickled in after his departure, when me & the three kids were literally penniless. (He cleared out our joint account). Any sleepless nights I've had since then were not due to fear of being found out for doing something illegal. This is a good feeling - and I certainly am not going to start doing anything hooky now. Probably far too much info here, but this is where I'm at right now.


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## Steven Barrett (14 Mar 2016)

Emmosea said:


> Would the liquidator, as trustee of the pension, be able to a) cash any cheque or b) request the cheque be made payable to him?
> I'm aware that this probably seens ridicously  trivial to many on here, but, seriously, six thousand euros would make an enormous difference to me right now.



It doesn't seem trivial at all. But the trustees do have an obligation to ensure that the policy is mature and paid to the member. Your best bet is seeing if your ex will waive his rights to the payment and have them paid to you. I am not sure if that is even allowed (I have never come across someone waiving their right to a pension), but you should argue as you are still his spouse, you should be considered when maturing the pension. 

Steven
www.bluewaterfp.ie


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