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Assurance company payout

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  • GDB2222
    GDB2222 Posts: 26,231 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You may not have to pay back all, or indeed, any of the money paid to you in error. There’s a 'change of position' defence that applies if you have spent the money in the meantime. See

    https://www.oeclaw.co.uk/images/uploads/documents/Restitution_Change_of_position%288-517-4680%29.pdf


    Obviously you need the insurers to provide evidence that payment was made in 2006, and to whom. But, assuming you have been paid twice, you may not have to pay all the second payment back. 
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Okell
    Okell Posts: 2,644 Forumite
    1,000 Posts Second Anniversary Name Dropper
    GDB2222 said:
    You may not have to pay back all, or indeed, any of the money paid to you in error. There’s a 'change of position' defence that applies if you have spent the money in the meantime. See

    https://www.oeclaw.co.uk/images/uploads/documents/Restitution_Change_of_position%288-517-4680%29.pdf


    Obviously you need the insurers to provide evidence that payment was made in 2006, and to whom. But, assuming you have been paid twice, you may not have to pay all the second payment back. 
    Bu the OP hasn't suggested that their position has changed for the worse?
  • GDB2222
    GDB2222 Posts: 26,231 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 19 April at 9:02PM
    Okell said:
    GDB2222 said:
    You may not have to pay back all, or indeed, any of the money paid to you in error. There’s a 'change of position' defence that applies if you have spent the money in the meantime. See

    https://www.oeclaw.co.uk/images/uploads/documents/Restitution_Change_of_position%288-517-4680%29.pdf


    Obviously you need the insurers to provide evidence that payment was made in 2006, and to whom. But, assuming you have been paid twice, you may not have to pay all the second payment back. 
    Bu the OP hasn't suggested that their position has changed for the worse?
    The OP said he doesn’t have the money any longer. So, if for example he has gone on holiday or bought a car with (some of) the money, he has changed his position because of the insurance company’s mistake, and he doesn’t necessarily have to repay them all of it.  






    No reliance should be placed on the above! Absolutely none, do you hear?
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