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Is this a scam?

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  • Grumpy_chap
    Grumpy_chap Posts: 18,294 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Brie said:
    Yes I understand.  IF the OP's parents have been paid out twice - which at this point I wouldn't consider to have been proved. 

    I think it has been accepted that the money was paid to the parents twice.  The OP said:

    had a chat with my sibling who says that he is aware my folks actually did ask for a lot of re-assurances prior to accepting the ‘additional’ funds in 2018. Even going to the extent of consulting their solicitor


    Some appropriate repayment plan would seem reasonable.
  • NorthYorkie
    NorthYorkie Posts: 122 Forumite
    100 Posts Third Anniversary
    If I was in charge of this issue at the company, I would want to know what the £58K had been used for in the years since 2018. If it has been invested, then I may not be so ready to agree a repayment plan. The point is that a request for some details of the parents' current assets would be reasonable to establish the ability to repay.
  • Grumpy_chap
    Grumpy_chap Posts: 18,294 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If I was in charge of this issue at the company, I would want to know what the £58K had been used for in the years since 2018. If it has been invested, then I may not be so ready to agree a repayment plan. The point is that a request for some details of the parents' current assets would be reasonable to establish the ability to repay.
    You might well ask but I don't think the company would have any right to that information, other than what can be obtained from the credit reference agencies.
  • Brie said:
    Yes I understand.  IF the OP's parents have been paid out twice - which at this point I wouldn't consider to have been proved. 

    I think it has been accepted that the money was paid to the parents twice.  The OP said:

    had a chat with my sibling who says that he is aware my folks actually did ask for a lot of re-assurances prior to accepting the ‘additional’ funds in 2018. Even going to the extent of consulting their solicitor


    Some appropriate repayment plan would seem reasonable.
    I’m being mistaken here. All I know is that the second OF the ‘payments’ was received. If there was a first it hasn’t been confirmed to me yet. Apologies for the confusion 
  • NorthYorkie
    NorthYorkie Posts: 122 Forumite
    100 Posts Third Anniversary
    If I was in charge of this issue at the company, I would want to know what the £58K had been used for in the years since 2018. If it has been invested, then I may not be so ready to agree a repayment plan. The point is that a request for some details of the parents' current assets would be reasonable to establish the ability to repay.
    You might well ask but I don't think the company would have any right to that information, other than what can be obtained from the credit reference agencies.
    Yes, at this point the company would not, I think, have the right to this information, BUT, from what we have been told, they do have the right to demand payment in full. Any attempt to secure an instalment arrangement would need to be supported by such evidence to stand any chance of success. Furthermore, it this issue were to end up in court, then I believe that the Court would order such information to be provided in order to determine the amounts to be paid and when.(I stand to be corrected on this point by those with actual knowledge of County Court Judgements).
  • Grumpy_chap
    Grumpy_chap Posts: 18,294 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Brie said:
    Yes I understand.  IF the OP's parents have been paid out twice - which at this point I wouldn't consider to have been proved. 

    I think it has been accepted that the money was paid to the parents twice.  The OP said:

    had a chat with my sibling who says that he is aware my folks actually did ask for a lot of re-assurances prior to accepting the ‘additional’ funds in 2018. Even going to the extent of consulting their solicitor


    Some appropriate repayment plan would seem reasonable.
    I’m being mistaken here. All I know is that the second OF the ‘payments’ was received. If there was a first it hasn’t been confirmed to me yet. Apologies for the confusion 
    Sorry if I misread or misunderstood.
    Are you saying:
     - the second payment £58k was received.
    - the first payment £34k 2006 may not have been received?

    Have you managed to get the details of the legal advice that was consulted when the second payment was received?
  • Brie said:
    Yes I understand.  IF the OP's parents have been paid out twice - which at this point I wouldn't consider to have been proved. 

    I think it has been accepted that the money was paid to the parents twice.  The OP said:

    had a chat with my sibling who says that he is aware my folks actually did ask for a lot of re-assurances prior to accepting the ‘additional’ funds in 2018. Even going to the extent of consulting their solicitor


    Some appropriate repayment plan would seem reasonable.
    I’m being mistaken here. All I know is that the second OF the ‘payments’ was received. If there was a first it hasn’t been confirmed to me yet. Apologies for the confusion 
    Sorry if I misread or misunderstood.
    Are you saying:
     - the second payment £58k was received.
    - the first payment £34k 2006 may not have been received?

    Have you managed to get the details of the legal advice that was consulted when the second payment was received?
    Hello Grumpy_chap

    The whole situation is still as clear as mud unfortunately. My folks are forgetful now and sometimes just simple stuff gets complicated for them. They are also going through the mill a bit with other matters. 

    Thanks for sticking with the thread. 

    I think the SAR is the best way forward for everyone concerned.

    will keep you updated 
     
  • Brie said:

    While I get your meaning, if the OP's parents have been paid out twice, even as a result of a corporate error, there is no scenario, beyond the company voluntarily writing off the debt, where they get out of repaying it. 
    Yes I understand.  IF the OP's parents have been paid out twice - which at this point I wouldn't consider to have been proved.  My comments about the different accounts is to ensure they both are actually the parents and not some random fraudster.

    And if it's taken a few years to discover this then repayment shouldn't be expected immediately as it was the company's admitted error.   And I would expect some discount on the total to be repaid as an apology for messing things up so royally.


    Absolutely they shouldn't be demanding immediate payment but expecting a discount is a bit optimistic - parents had ample opportunity to refuse / reject the payment, knowing they were paid out already.
  • In the alternative there’s always the possibility that my folks said that they had been paid already and were told “no the money is yours” sort of thing. My folks are pretty fastidious that’s why this situation is potentially so perplexing. I’m quite sure that they will have pointed the facts out (if they had indeed been paid once already). I just don’t know… yet!
  • SkittlesnBandaid
    SkittlesnBandaid Posts: 38 Forumite
    Second Anniversary 10 Posts Name Dropper Photogenic
    edited 20 April 2022 at 8:35AM
    Or (based on yesterday’s convo had after my last) there was no £33k payout (who could forget one of those in a hurry?) and in addition no need to have surrendered the policy in 2006!
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