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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Had a insurance claim back in 2011 for loss of jewellery. claim

Resolved Question:

Had a insurance claim back in 2011 for loss of jewellery. claim all settled. spent some of the claim money with Signet loss adjusters in 2011. balance left. rang early January for an update and they confirmed an amount ( albeit more than I was expecting ) reissued the spending card and confirmed the amount in writing. I spent the amount . now Signet saying they want the money back as they gave me the incorrect amount both verbally and in writing. I haven't got the money or the jewellery.. what is my stance ??
regards
M.Walkden
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Did you know they had made an error when they paid you this money?
How much are they claiming?
Kind regards
AJ
Customer: replied 2 years ago.

No I wasn't aware of the error because it was 3 years later . £2400

Customer: replied 2 years ago.

Hi AJ

Are you still considering ?

Martin

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
Were you paid £2400 more than what they perceived the actual value of the claim to be? How much should you have been paid?
Kind regards
AJ
Customer: replied 2 years ago.

Looking at the records the claim was for £3000 in July 2011. I spent £1735. The card expired Jan 2013. I rang in Jan 2014 to revalidate the card and they told me that the outstanding amount on the card was £3670. They confirmed the amount in writing as well .

I spent the £3670 unaware that the amount was wrong as didn't keep any records

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
So to be clear your claim was for £3000 but you spent £1735 and £3670?
Customer: replied 2 years ago.

digging my records out of the loft . that is correct but I was unaware that that was incorrect amount, as I rang them to confirm and they put it in writing to me confirming the amount and reissuing a new credit card with that value on it.

Expert:  Ash replied 2 years ago.
Do you accept you have been overpaid?
Customer: replied 2 years ago.

After examining the figures , I now do agree that I have overspent but at the time totally unaware as it goes over a 3 year period.

Expert:  Ash replied 2 years ago.
Of course. Sadly you are liable for the debt. It was an oversight on their part and an error. But that does not mean the debt is written off.
If you have been overpaid then you are liable and under the law they have 6 years to recover this overpayment. Sadly this means that you are liable and you should consider negotiation with them. Given the sum and the length of time then they should consider and accept a repayment plan over months.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thank you for the answer and as you say I was expecting it to be this way

Expert:  Ash replied 2 years ago.
I am sorry.
If this does answer the question can I invite you to rate my service, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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