
Originally Posted by
candi
And what I say is the intelligent assessment of the situation is "your pension is your pension. It is yours alone, it cannot be interfered with therefore a person should not have to go to the courts to obtain what is lawfully theirs"
An Post are without doubt well aware that they cannot interfere with a persons pension. They may feel that they may have a case that they can prove in a civil court for reimbursment of what was taken but I am quite sure their legal team would alert them to folly and illegality of such an action. The payment of any order made would be subject to a means test and assuming that he is not a man of means and that he is elderly and is depending on all of his pension to sustain himself and his wife-if he is married- a court may at the most award €5.00 a week. Then the issue of the insurance company who may have paid out may come into play as it is the insurance Company that now bear the loss. Then The Good Friday agreement would come into play and following that the European Convention on Human Rights would come into play as he is being treated differently from Ferris Morgan and others. But in the end of the day it is all academic as any case for compensation is statute barred long long ago. That should be abundantly clear to you, so these one line stabs without qualification of what you say are unhelpful to say the least.