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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10533
Experience:  Barrister 17 years experience
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After reciving 3 different anual pension statements for

Customer Question

hi after reciving 3 different anual pension statements for at least 7 years which i still have, after having health problems i decided to cash them in, so i contacted pheonix life who now held the pension's. this was over eight month's ago, and after passing security it was given the go ahead and i recived £32,000 that was eight months ago. they have now said they maid a mistake and wan't me to repay them £22,000. even though we still have the statements and belive the money was our's, but they state they have checked and the money was paid out by there mistake, but after 8mth the money has gone and i'm not at work due to health, surley i won't have to pay it back, and if i do have to would i get some sort of compensation for all this stress and strain at 60 years old. steve chapman. p.s. if such a large company make this mistake how many more?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, in these circumstances, you have a good defence to repayment of the monies. It is known as the "change of position" defence. Basically, it provides if a person receives monies by mistake of fact, as here, then if a person relies to their detriment upon the receipt of those monies and spends money on living which they would not otherwise have spent, then the mistaken payor, who paid the monies, cannot recover the monies. Accordingly, in this instance, the fact you spent the money on increased living expenses, means you relied to your detriment upon the receipt of the monies. Accordingly, it is now unconscionable or unlawful for the other party, the Phoenix Life to seek those monies back. I would also suggest you get Legal Aid to help you write a letter in reply setting out the defence of change of position. As you are on benefits, you will most likely be entitled to legal aid. Otherwise, get someone with some legal knowledge to help you write a letter in response to the claim by Phoenix life.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the Answer, Steve, as unless you Rate the answer your Expert will receive no payment for answering your Query.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
hi can you not wright a letter for us
Expert:  Buachaill replied 1 year ago.
3. I will assist with writing a letter for you if you Accept the Premium Service Offer.
Customer: replied 1 year ago.
great how much is the premium service offer and how do I change to this
Expert:  Buachaill replied 1 year ago.
4. There should be window with the Premium Service offer open to you, as I have proposed it to you.
Customer: replied 1 year ago.
hi so what information do you need to wright the letter to phoenix such as policy numbers, and any corrispondance from them if we can talk it would be easier, send me your number or use mine steve
Expert:  Buachaill replied 1 year ago.
5. Would you be able to scan me the letter which Phoenix LIfe sent to you? In that way I can prepare a response.
Customer: replied 1 year ago.
hi sorry but I don't know how to scan and send can you give me an address to post copy to steve
Expert:  Buachaill replied 1 year ago.
6. Dear *****, I don't live in the UK, so posting is not an option. If you can then tell me particulars of the letter from Phoenix LIfe, then I will draft a reply.
Customer: replied 1 year ago.
hi I will do my best and send a.s.a.p.
Customer: replied 1 year ago.
HI I HOPE YOU RECIVE OK PLEASE LET ME KNOW AS 1ST TIME IV'E TRIED STEVE
Expert:  Buachaill replied 1 year ago.
7. Dear *****, the scan has come through correctly. So I will read it and craft a letter in response.
Customer: replied 1 year ago.
hi I don't understand are you able to do the letter or not as just answer just sent e.mail appologiseing for using wrong solisitor steve
Expert:  Buachaill replied 1 year ago.
8. I don't know anything about that email. I will write the letter for you today. I am surprised!
Customer: replied 1 year ago.
me to anyway as long as we know what we are doing, thankyou look forward to letter, do you think we are correct not paying it back, even though we haven't the money steve
Customer: replied 1 year ago.
hello it's steve again just wondered if the letter was ready as yet steve
Customer: replied 1 year ago.
mrCustomerhi have you drafted a letter for phoenix life as yet since I expect them to be in touch shortly steve.
Expert:  Buachaill replied 1 year ago.
9. Dear *****, the following letter should be written to Mr. Simon C. Byrne, the Debt Recovery Specialist in Phoenix Life:-Dear Mr. Byrne,I refer to your letter dated 28th January, 2016, in which you replied to me. I note that in it, you suggest that three policies, rather than one were incorrectly paid out to me under a mistake of fact.Please note that I intend to rely upon the restitutionary defence of change of position as laid down in Lipkin Gorman v. Karpnale to deny recovery in this instance. Whilst you may have paid out on two of the three policies based on a mistake or law or fact, I altered my position upon receipt of the monies to my detriment, such that it is not inequitable and unconscionable to allow recovery. In particular, being a person of limited means, the expanded my daily living expenses and incurred further living expenses in such a fashion that I relied to my detriment upon the receipt of the monies making it inequitably that I should now be held liable to make restitution or to account for the monies. I am a person of low and limited means and the receipt of those monies was a major event in my life. I cannot now repay them as I relied to my detriment upon receiving them to incur additional expenditure which I would otherwise not have incurred.Accordingly, please take this letter as evidence that I cannot and will be unable to make restitution of the monies. Please also note that I will rely upon the defence of change of position to show making restitution of the monies is unconscionable and inequitable given the circumstances. Yours Sincerely, ***** *****

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