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Assurance company payout
Comments
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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?0 -
Bu the OP hasn't suggested that their position has changed for the worse?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.0 -
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.Okell said:
Bu the OP hasn't suggested that their position has changed for the worse?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.No reliance should be placed on the above! Absolutely none, do you hear?0
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