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Category: Law
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I’m not sure which of the above sections my query falls

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I’m not sure which of the above sections my query falls under as it is to do with pensions. Here is my query. At the end of March 2021, I received a letter from the Secretary of the Trustees of the Scheme that I belong to. This letter informed me that following a review it was established that my pension had bee incorrectly calculated. I had, according to the Trustees, been overpaid since 2007, resulting in an overpayment of £3,000 plus. As a goodwill gesture they would reduce this by £500. The overpayment would be repaid over 6 years. Is it correct that they can go back to 2007 and correct in this manner?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No, I have not talked to lawyer about this. I live in Carshalton, England and this is also the country that my question I’d related to.
JA: What steps have you taken so far?
Customer: I have queried this with the Secretary to the Trustees and they are stating that this is the correct course of action.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing that I can think of.

Good afternoon, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. The usual position is that you are not It's normally entitled to pension payments paid to you in error and our pension provider can ask you to repay the amount.

It may be possible that you don't have to repay some, or all, of the amount, if you've relied on the overpayment, however due to the level of reduction that they offering this is unlikely to apply.

Customer: replied 5 days ago.
Thank you for your response. I have not 'relied' on the overpayment but I was unaware that I had been overpaid. This was the sum (with annual increases) that I had been paid from the start.

I understand, the position is that the pension provider can reclaim overpayments made in error.

Hopefully I have answered your question but if anything remains unclear I will be happy to assist you further.

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