Pension overpayment. Made offer, now want rest

simpywimpy

Sorry if this is in the wrong place.

My dads works pension was overpaid on his death totalling £1300. After many discussions and threatening letters from them I offered a full and final settlement of £600 in July of this year. I enclosed the cheque which also had the words in full and final settlement on the back.

In October, they cashed the cheque. There was no word from them in the meantime or since until yesterday when I received another 14 days before legal action letter asking for the remaining £700.

I was under the impression that by cashing the cheque they had accepted my offer and that would be an end to it.

Am I wrong?

Linton

Why didnt you pay back what was owed?

Bootsox

Yes you are wrong, you stole £700.

Are you looking for absolution on an anonymous bulletin board?

xylophone

I was under the impression that by cashing the cheque they had accepted my offer and that would be an end to it.

Am I wrong?

You asked this before - I don't think that the answers would be any different.

https://forums.moneysavingexpert.com/discussion/comment/66812177#Comment_66812177

MrBeans

Do you have a letter from them saying they would accept £600 as full and final settlement?

If no, it seems you have no leg to stand on.

Drp8713

simpywimpy wrote: »

Am I wrong?

Yes, the council paid your dad a pension because he contributed to it and was entitled to it.

He carried on getting paid pension after he died because you didnt notify them.

You then spent the money that you had no entitlement to.

Why would they accept a partial settlement? You owe it all. If you sent a cheque of course they are going to cash it, but you still owe what you owe.

simpywimpy

Thanks for the unhelpful comments. I closed the account not knowing the money was from a pension and paid for his funeral with it. I didnt go on a spending spree!

I did notify them, they had no record of it

I'd forgotten Id asked previously because the letter only arrived yesterday asking for the rest of the money

Thrugelmir

simpywimpy wrote: »

I was under the impression that by cashing the cheque they had accepted my offer and that would be an end to it.

Am I wrong?

Entirely. Along with the fact that as Executor of the Estate you now carry personal responsibility for the remainder of the debt.

Suggest you negotiate a repayment plan.

bmm78

simpywimpy wrote: »

Thanks for the unhelpful comments. I closed the account not knowing the money was from a pension and paid for his funeral with it. I didnt go on a spending spree!

I did notify them, they had no record of it

I'd forgotten Id asked previously because the letter only arrived yesterday asking for the rest of the money

I think the problem is that you're applying standards of what you perceive to be "fair", to what is actually a clear-cut legal issue.

The law does not support your position in any way. Any suggestion otherwise would be more unhelpful than the comments you have had so far.

You will need to pay back the £700. The best outcome you can hope for is if they agree to a manageable repayment schedule rather than a one-off payment. For this to happen though you will need to accept the debt and indicate to them a willingness to pay it back in full.

somethingcorporate

You don't remember posting the thread or your six replies to it? It was only a couple of weeks ago! Come on, pull the other one, it's got Christmas bells on it!

Tell the truth, you didn't like the answers and hoped asking on a different day would yield more sympathetic results.

Sorry, you're just going to have to suck this one up and pay it.