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EU court ruling re expat frozen pensions

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Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
27/11/2008 19:31

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Message 1 of 16 in Discussion

No one seems to take any notice of what I post for info these days on this BB, (it's not advertising some restaurant, selling a car or villa) but here is another one just in case someone might be interested



http://www.telegraph.co.uk/global/main.jhtml?view=DETAILS&grid=A1YourView&xml=/global/2008/11/13/expats-frozen-pension.xml



wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
27/11/2008 19:38

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Message 2 of 16 in Discussion

Hector,



I noted your posting with great interest.



Please replace dummy, we are all interested!



How many times have I said,..."and some fell on stoney ground"



It seems to be the nature of postings on a board. You are in good company!



wyn



kenny



Joined: 26/05/2008
Posts: 405

Message Posted:
27/11/2008 19:42

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Message 3 of 16 in Discussion

thanks hector, hope the appeal reverses the rejection



Coachie



Joined: 29/07/2008
Posts: 2135

Message Posted:
27/11/2008 19:54

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Message 4 of 16 in Discussion

Hector..Dont get down hearted. Sometimes when people are browsing it is easy to miss a important post, Ive done it myself on a few occassions and then gone back to read again,so keep on posting Hector as Wyn says you are in good company here...



fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
27/11/2008 19:56

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Message 5 of 16 in Discussion

hi hector

i'm not of pension age but i still read your post!



Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
27/11/2008 20:00

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Message 6 of 16 in Discussion

hi hector how would the governments feel if it was thier pensions frozen, its totally unfair and unjust when human rights are given to the wrong people usually those who have not paid a penny into the system but sure know how to take out of it. i hope it gets overturned and those pensioners wherever they may be get thier human and basic rights restored and thier dignity intact.



wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
27/11/2008 20:05

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Message 7 of 16 in Discussion

Coachie,



Your politics stink, but, any chance of a glass of that red you are drinking?



wyn



Coachie



Joined: 29/07/2008
Posts: 2135

Message Posted:
27/11/2008 21:04

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Message 8 of 16 in Discussion

Wyn.." My politics stink" I havent said anything except cheer up Hector, and yes you can a glass if like SA red wine Get it at Lidl 2.98. a bottle.....Think them Effes you been swigging on holiday getting to you......



newlad



Joined: 02/03/2008
Posts: 7819

Message Posted:
27/11/2008 21:09

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Message 9 of 16 in Discussion

Hector,

I always read your posts and find them very informative,

Paul.



Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
27/11/2008 21:47

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Message 10 of 16 in Discussion

Thank you for your kind words. Don't ask me how but came across this link to the High Court legal ruling in 2006 re the Orams case.

Interesting reading if you really want to know what the Appeal Court actually said. "Mrs Orams was finally recommended to Mr Gunes Mentes. He could not see her until 5 pm on Friday 5 November. He explained to her for the first time that there was a time limit on entering an appearance, namely 10 days. He said that he would have the writ translated and would attend at the District Court on the following Monday to enter an appearance. Mrs Orams gave Mr Mentes a written retainer in English. He did not in fact attend at court until Tuesday 9 November. He has not explained why that was. A judgment in default had been entered ... on that day. Mr Mentes discovered that when he went to the Registrar's office. The Registrar refused to accept his retainer because it was in English.)"

http://www.bailii.org/ew/cases/EWHC/QB/2006/2226.html



Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
27/11/2008 22:50

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Message 11 of 16 in Discussion

In case you were wondering as to why I put that quote from the judgement in above, it's because one of the main issues was around the application to put aside the original ROC judgement against the Orams. The judgement against them was originally made because they had failed to enter a defence in time. Had Mr Mentes gone to court on Monday 8th November, the original case may have had a different outcome.



Tricia


Joined: 06/03/2008
Posts: 70

Message Posted:
28/11/2008 12:15

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Message 12 of 16 in Discussion

Very interesting point, anyone know a legal way round it, what if you

leave a c/o address in the UK.



Happy Hussar


Joined: 01/10/2008
Posts: 318

Message Posted:
28/11/2008 15:19

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Message 13 of 16 in Discussion

I am a good bit short of retirement age but wonder how it affects us living here in the TRNC. Are we classed as EEC and therefore will get the 'Old Aged Pension' index linked?

Tony



louthlass


Joined: 09/11/2008
Posts: 271

Message Posted:
28/11/2008 19:31

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Message 14 of 16 in Discussion

At the moment pensions are index linked, but things could change if there is a settlement.



Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
29/11/2008 01:12

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Message 15 of 16 in Discussion

It is well worth checking with UK pensions well in advance of retirement as to what you are entitled to. Many people have opted out of SERPS for example. Could come as a shock if you find out your pension is not going to be what you thought it was.



Aussie


Joined: 17/06/2007
Posts: 657

Message Posted:
29/11/2008 11:45

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Message 16 of 16 in Discussion

As an Australian I always thought this was a classic case of the UK offloading its costs on the Commonwealth countries, knowing they will pick up the slack.



When it wanted help such as the WW1 the Commonwealth pulled out all stops to supply troops food and materials etc and even paid all of the costs to Britain to feed and maintain them in the field. After the war and during the depression Britain renegotiated/ defaulted on many of its foreign loans (mainly US loans) but didn't offer the same to the Commonwelth moneys borrowed from it to pay for the war they fought of its behalf.



Australia pays indexed pensions to all who are eligible who live overseas regardless of where they live and so should the UK.



Aussie



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