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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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My pension was overpaid due to an error by my pension provider

Customer Question

My pension was overpaid due to an error by my pension provider Mercers. Unfortunately the company I worked for went into liqudation and this was how the overpayment was discoved and my pension reduced (rightly so). Despite the fact the error was not known to me I have now been asked to repay the overpayment amounting to £5492 which I cant afford. I wrote and explained my situation and didnt hear anything. Suddenly out of the blue 3 years later I have had a letter from PPF who are now administrating my pension
and asked for repayment. My circumstances havent changed I dont have any funds other than £3400 which is shared between myself and wife and is our fund. I am 74 and really stressed about this what do you think. Graham
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. You have a good defence to the repayment of the money under the defence of change of position if you used the extra overpayment for living expenses. Accordingly, you should write back and state that you assert the defence of change of position to restitution of the overpayment because you used the monies for increasing your lifestyle. Additionally, due to the lapse of time, over 3 years, since they last contacted you, you should assert that the action is time barred owing to delay. Not all payments have to be repaid in law where there has been a good faith detrimental reliance on the overpayment which went in discharge of necessities. So assert your defence here.

Buachaill :

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