Avacardy Limited
FOI reference – FOI-492
Date – 21 August 2026
Request
I am hoping to find out some information regarding my previous employers. Over the last 4 years, I have been receiving letters from Nest saying they have reported my employers for late payment.
I guess what I would like to know, if I can, is if there has been any action against them on your part?
The company name is Avacardy Ltd (Company no 13511017) and the employers are Holly and Lee Johnson.
Response
We neither confirm nor deny that we hold information falling within the description specified in your request.
Section 44(1)(a) – restricted information under s82 PA04
The reason that we cannot confirm or deny that we hold the information is because disclosure of the sort of information requested is prohibited under an enactment, save in certain circumstances which do not apply here.
As we have been given strong powers to demand documents and other information from trustees, employers and others, those powers are also balanced by restrictions on how we disclose the information provided to us. The type of information you have requested would be ‘restricted information’. Restricted information is defined at section 82(4) of the Pensions Act 2004 (PA04) as:
‘…information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person’.
Under section 82(5) of the PA04 it is a criminal offence to disclose such information except as permitted under that Act.
Whilst the FoIA is based on the presumption of releasing information, section 44(1)(a) of the FoIA provides an absolute exemption to the requirement to disclose any information if its disclosure is prohibited by or under any enactment. In this case, section 82 of the PA04 prohibits disclosure and we are unable to disclose this sort of information. This exemption is absolute and does not require a public interest assessment be undertaken.
This should not be taken as any indication of whether or not we hold the information you requested.
Duty to provide advice and assistance
Under Section 16 of the FoIA, which imposes a duty to provide advice and assistance, we advise that further information regarding the duty to report late payment can be found on our website.
TPR has the power under section 89 of the Pensions Act 2004 to publish certain information regarding various aspects of the regulatory work we carry out.
More information about our approach to publishing information can be found on our website.
Our Enforcement page shows the types of information we publish.
Additionally, if you have not already done so, you may wish to contact Nest regarding their reporting and notification correspondence and procedures. I have provided their contact details below:
Website: https://www.nestpensions.org.uk/schemeweb/nest/contact-us.html
Telephone: 0300 020 0090
Address:
Nest
Nene Hall
Lynch Wood Business Park
Peterborough
PE2 6FY