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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7072
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I am receiving a company pension and I have been sent a

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I am receiving a company pension and I have been sent a letter today from the pension company saying the pension I am getting is incorrect.The letter says due to a clerical error I have been paid too much and I will have to pay back the overpayment.I cannot afford to pay back this overpayment.Do I have to pay it back if it is a clerical error?
It is not my fault I have been paid incorrectly.

How much extra have you been receiving and how long for?

Michael

Customer: replied 1 month ago.
According to the letter I have received a total of £4,450,65 of overpayment.I first started getting my pension in December 2015,this total is from that date to the present day.I do not know how much extra it works out over the separate months.The pension company checked the amounts due to pensioners in 2013 in what they call a recalculation exercise but they have only found out now that they have been paying me too much.The letter says due to a clerical error the details were not recorded correctly.

Dear Darrell

The cases on over payments go both ways depending on the circumstances.

The fact that it was not your error does not mean that you are entitled to keep the money paid in error.

However, combined with other factors the courts have found in favour of the recipient. The factors are that the payment must not obviously be an error. If a person suddenly receives a large amount of,say, wages one month then a court would take the view that the recipient should have worked out it was an error. Here you have received the same amount from the start and so would have no way of knowing it was wrong.

The second factor is that you have spent the additional amount. The third is that you do not have the funds to repay the amount of overpayment.

As such you are in a position to oppose any claim for repayment.

If there are any further points please reply I will be happy to respond.

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes

Michael

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