pension fund

m2tyj

hi
my grandad has a pension and the company have over paid him before tax for the past 11 years they now want this refuned to them
does he have to pay it back
thanks

Loughton_Monkey

Very difficult to say on this sketchy information.

Do you have any ideas on why they overpaid? Was it just their own administrative error? Maybe he told them the wrong age? Could be any number of things.

Even if it's totally beyond the 'blame' of your grandfather, it is probably 'correct' that he should pay it back. However, if it was totally their own fault, then there would be a strong case for asking them to write all or most of it off and simply correct it going forward.

Amounts involved?

Need more information.

m2tyj

Loughton_Monkey wrote: »

Very difficult to say on this sketchy information.

Do you have any ideas on why they overpaid? Was it just their own administrative error? Maybe he told them the wrong age? Could be any number of things.

Even if it's totally beyond the 'blame' of your grandfather, it is probably 'correct' that he should pay it back. However, if it was totally their own fault, then there would be a strong case for asking them to write all or most of it off and simply correct it going forward.

Amounts involved?

Need more information.

its a smaller sum of £595 which may not seam a lot but is for my grandad
in the letter it says "this error came about when standard life started to pay this sum to you directly from 31 july 1999our records were not reduced to take this into account "

Loughton_Monkey

Well very probably he has genuinely been 'overpaid'.

In practice, if it were my grandfather, I would probably get him to write (or write on his behalf) an acknowledgement something along the lines of:

- have never noticed this error, and therefore all money has been spent.
- am not responsible for the mistake and don't understand why I should pay it all back
- am in no position at all to pay it. Limited income... living from hand to mouth.... no assets to sell...
- this debt causing untold grief and anxiety in an old person who is already having to accept lower payments for the future.

Lay it on a bit thick...

They should really wipe it out as an error on their part and correct it for the future (guess they've already done that). Certainly don't pay them anything just yet. It would take a brave company to start sending 'debt management' letters to him at his stage in life - but if they do, maybe CAB can help with carefully worded letters about harrassment of old people etc...

kidmugsy

Yeah, and tell them to dock it from the wages of the pension scheme's CEO, since he obviously isn't training and supervising his troops properly and is anyway undoubtedly overpaid.

dunstonh

Legally, he does owe the money. Just because an error occurs, does not mean you get to keep the money. There are some exceptions to that but in general if you are overpaid, you have to repay it. However, they will nearly always take it back via installments or maybe even accept a lower amount for immediate repayment and write off the rest.