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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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I was compensated last year for a crash.£4200 last august,after

Customer Question

I was compensated last year for a crash.£4200 last august,after a phone call from me confirming the amount which was recorded.Now they say they made a mistake ans want half back.Today i got a letter saying that although they have the recording of this call ,telling me i was due £4200 they did make a mistake and want half back.Please can you tell me do i have to pay this.Thankyou Tracie Maher
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

Is this your insurance company?
Customer: replied 4 years ago.

Minster say they paid the extra they should of paid the insurance company and that i got the insurance companies money

Expert:  Jo C. replied 4 years ago.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am sorry but thats a problem. Whichever way you look at this, you have been overpaid.

The starting point is that you have to repay overpayments.

You could try to rely on the doctrine of promissory estoppel but that isn't likely to succeed here. Its a very high test at the best of times. You have to show that there was no way you could have known about the overpayment and unfortunately if you received payments from your insurance company as well then the Court would almost certainly say that you were fixed with notice. I'm afraid you cannot receive compensation twice.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 4 years ago.

No it is Minister law,they say they under paid the insurance company thats why they want half back.

Expert:  Jo C. replied 4 years ago.
The only difference that might make is to strengthen the promissory estoppel argument but they only have to show that you should have had the barest suspicion I'm afraid.