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Really strange error & now mum owes thousands- help

441 replies

Helpmymum · 28/03/2021 19:18

I'll try and keep this as simple as possible, I'm just seeing if anyone has any advice or insight into how this might play out before we start contacting people tomorrow.

My elderly, widowed & (totally alone for the past year 😪) mother got a letter late Friday afternoon which was spent special delivery from a pension company. In short, it said that she took a bond out 20 years ago which was cashed in 15 years ago and her account was closed, she was no longer a customer. They then said that they are really sorry but they have just discovered during an audit that they had mistakenly used her bank account details with another bond for another customer and she has been receiving a monthly payment for the last 20 years in error. This amounts to an awful lot of money, tens of thousands of pounds. And it needs to be repaid. We have checked and she has been receiving the payment in her account.

She was widowed a long time ago and when my father died, my sister and I where both toddlers and so she employed a financial advisor to deal with the finances, obviosuly to eliviate the stress. She is not wealthy by any means, she owns a modest house (which was paid for by my dad's life insurance policy), has a small amount of savings (which is with the financial advisor invested in whatever he thinks) and collects her pension.

I can understand why she wouldn't question this money going in as she just left everything to the financial advisor, he obviously opened the bond and cashed it out and payments of this nature were expected/ perfectly normal.

After receiving the letter, my sister immediately called the financial advisor who said he had never dealt with anything like this before and was working from home, he would need to go into the office on Monday morning to have a look at the records. My sister then called the company in question, it's a large, well known company so she didn't take the number from the letter just incase it was a scam and found the number from Google. She called and a person in the company could not find any record of this or the letter having been sent out, however she did say she wasn't part of the relevant department and the person who's signature was on the letter did infact work there. It was so late on Friday afternoon, there was no one there who could help or knew anymore.

My poor mum has been in an absolute state all weekend, she's thinking she is going to have to sell her house to pay this back. I think technically she does owe the money as we can see she has recieved it. Does anyone have any idea of what might happen?

First thing tomorrow is a call to citizens advice and legal advice, obviosuly talk to the financial advisor and the company in question too.

I think I'm just asking if anyone knows what we might be in for here?

Thanks

OP posts:
HyggeTygge · 09/06/2021 16:11

Don't send them anything, at least not yet.
Am I right in thinking that this started with them requesting full repayment but this is now 6 years' worth? Does that make any difference (and might be a good sign in general)?
I'm sure there'll be a maximum amount of time they'll be able to go back (there is with energy bills!)

3luckystars · 09/06/2021 22:07

Don’t send them anything. Stop emailing them yourself as you could be walking into it.

If it was me I would push back hard against them.
You could definitely get a solicitor to write a letter for a lot less than £1000. You don’t need to do anything in a hurry as they took 15 years to contact you.

All the very best of luck.

finallymightbehappening · 18/06/2021 20:26

I would now not engage with them at all. Let them be the ones that have to push forward with it.

You can always negotiate if / when they send you a letter before action.

What assets does your mum have?

CHILLLADIES · 18/06/2021 20:33

Really don't pay solicitors thousands of pounds until you've taken it to the ombudsman. You don't need to write to them, it's all online or you can ring and register a complaint.

Rejo · 19/06/2021 23:19

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

SecretDoor · 19/06/2021 23:34

Which? Have helpful advisors
Might be worth subscribing to get help and could be cheaper than an solicitor

www.which.co.uk/about-which/our-products-and-services

ClaraSais · 26/06/2021 22:50

I would seriously post this on the Martin Lewis forum and see if anyone could advise there.

nellly · 26/06/2021 22:55

I'm a solicitor and think £1000 is crazy for this, I would give it an hour or two prep max! To read through paperwork and records you had provided and an hour to draft and send letter.

But would also second going to ombudsman first but you will most likely have to formally complain first so ombudsman will delà

iknowimcoming · 17/07/2021 17:54

Just wondering how you're getting on OP? Also I've recently used which legal services and would recommend them (£29 joining fee and £9 per month) and agree £1000 for the letter is ridiculous!

HyggeTygge · 10/03/2022 22:44

CHECK THE DATE OF THE OP

I don't know if this is against MN etiquette but I had this thread on my Watched list and just found it. What happened in the end @Helpmymum
?? Hope it all worked out.

Helpmymum · 11/03/2022 08:27

@HyggeTygge Hi, thanks for coming back, I am actually very pleased to say the matter has been resolved but it was only a few weeks ago so ended up being quite a long process!

Short version is, I got a few quotes from different solicitors that were pretty hefty and without the gaurentee of being able to make the problem go away, it was also suggested that the likelihood was that my mother was going to have to pay back 6 years worth.I
It then got to the point with the company that I couldn't just keep ignoring their questions and stating the same thing so I did a deep dive into the area of law that would be used as the defence in court and basically had a mini court case with them over email 🤣 I accused them of sloppy GDPR practises amongst other things and made it clear I would go public with the matter and eventually they surrendered and said they wern't going to take it any further and my mother didn't have to pay any of it back. Such a relief and I felt like Elle woods!

OP posts:
iPaddy · 11/03/2022 08:36

Congratulations OP! I commented nearly a year ago under a different username. So pleased for you and your mum.

pumpkinpie01 · 11/03/2022 10:02

Well done op , you should be very proud of yourself ! What a stressful year having this hanging over you . Massive pat on the back now !

LaurieFairyCake · 11/03/2022 10:10

That's fantastic news, well done you Smile

How's your mum now?

HyggeTygge · 11/03/2022 17:37

Oh gosh, well done! I almost feel sorry for them - but it's their own mistake.

Helpmymum · 11/03/2022 18:33

Thanks everyone, yes my mum is doing much better now and this has spurred us on to get lot's of other things sorted out for her so taking the positives away from it!
And if anyone ever needs any legal advice in this one very specific circumstance then you know where to come 🤣

OP posts:
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