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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I had a full and final settlement with my wife agreed in the

Customer Question

I had a full and final settlement with my wife agreed in the County Court Januay 5 2009.
I discovered in Nov 2014 that she still had the bank account in our joint names.
It transpires that she was paying £40.80 into my pension fund from that account,.
I discovered it, told my children and since Nov 2014 paid the premiums.
In January this year I cashed that pension in as I was 55.
Who owes what to who?
My X says I owe her 7yrs & 3 months, (no idea wher she gets that from)
I discovered the error & I don't want a dispute with my children.
I am more than happy to pay back at £40.80 for the next 6 years.
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWas there actually a Court Order sealed by the Court dismissing all further claims?
Customer: replied 10 months ago.
Yes there was and it is dated 5th January 2009. Worthing County Court & is signed & dated by the judge.
Decree absolute granted 16th July 2008.
This was a payment error made to my pension fund that I discovered in Nov 2014.
I am happy to repay the funds but she is not demanding 5 years and 11 months = 71 months at £40.80.
She tells me I owe her 7 years and 3 months = 87 months at £40.80
She did not open a new bank account in her name & to my knowledge it is still in the name Mr & Mrs M Thomson.
This has to change as well I have been told as a matter of urgency too.
I have a fabulous relationship with my girls & we had a very amicable divorce.
My X is being given bad advice in my opinion by a trouble maker!
Customer: replied 10 months ago.
The payments made to my pension fund were made from what used to be our joint account and continued until NOV 2014.
I discovered that the money was not being made from my business account when I restructured.
I called the pension company to see if I had made the contributions & they were up to date.
They said yes, I said from where? they said the account number & I said that account closed in 2009.
They said it's active.
I asked my X wife and she said, I still use the same account & numbers.
So why are you paying my pension money?
All those bank statements go to her new home address.
All pension statements come to me.
I said and if it is your pension have you the correspondence?
She said yes.
Then said no.I talked to my daughters & they said pay mum back.
I'm not looking for conflict, just legal advice.
She took advice, OMG not gong there again.My view is she can have the money.
Family & friends too.
I should pay her back only from 5th Jan 2009.
I should pay her back at £40.80 month
There is a life principal involved.In law I ask you advice Judge John Deed
Regards
mark
Expert:  Clare replied 10 months ago.
Hi
It is clear that these payments were mad win error - a mistake has happened (as it sometimes does)
On that basis then yes you should refund the monies paid since 2009 - in a addition I suggest that you speak to the bank and ask that your name is ***** ***** the account.
They will need your e's agreement to this - and I suggest that you give her two weeks notice to do this - and tell her that you will freeze the account if she does not deal with the matter
All you would need to do is to tell the bank that in future ALL transactions require two signatures!
I hope that this is of assistance - please ask if you need further details
Clare

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