Pensions Protection in Bankruptcy

We assist private individuals to protect & reclaim their family’s assets, which include pensions & inheritances from the effect of bankruptcy.

Benefits of negotiation of the personal position

  • Pension Funds are now re-protected* from realisable estate by the UK Welfare Reform & Pensions Act 1999. (Although disposable income from pension payments may be subject to an Income Payments Order for up to 3 years);
  • With no obligation to your creditors we assist you to recover solvency through the most appropriate lawful route.

Reclaim your pension

Some of you may be seeking help as you have been victims of legal misinterpretation whereby you were persuaded and/or coerced into drawing down up to 50% of your approved pension by your Trustee in Bankruptcy, Official Receiver or the LTADT. In like manner, if you are the wife or partner of such a person then we are able to offer you help and advice as well.

It is fair to say that at the time the Trustee was not necessarily acting incorrectly, but following guidelines that have subsequently been overturned. We at Cromwell Seymour can assist you to recover some, if not all, of this payment as from October 2016, the case of Horton-v-Henry at the Court of Appeal changed the law. We represent a growing number of victims that fell foul of the old law. If you would like further assistance then please contact us for our free telephone consultation.

* Between the Pensions Schemes Act 2015 & Horton v Henry Appeal Oct 2016 there has been a hiatus in protection where working practice has been to enforce drawdown of pension funds in bankruptcy. This has now been redressed by High Court reinstating the original Parliamentary intention of fund protection.  Pensions sequestrated before 2000 when the WRPA came into force remain unrecoverable.