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Pension fund chasing 'overpaid' pension for my deceased father

31 replies

squashyhat · 03/03/2022 15:31

My father died in 2018. He had a private pension with a firm he worked many years for. Nobody benefited from this pension after his death. However, since then I (as an executor) have received several letters from them requesting to be reimbursed for a substantial amount they claim they overpaid him. I sought advice from CAB who said to ignore them, but here we are 4 years later and they are still chasing. Does anyone know what my legal position is? I will be seeking advice from a solicitor.

OP posts:
Jenda · 04/03/2022 16:01

I'm in exactly the same position!! My father had not a penny when he died. In fact he left debt..the loans company closed off the account as accepted there was so estate to recoup from..the pension company keep demanding I pay it. I.told them years ago there is no money and have ignored since

Polkadotties · 04/03/2022 16:15

If the pension he was receiving while alive was miscalculated and they have only realised after death then I don’t think they can claim.

prh47bridge · 04/03/2022 18:37

@Polkadotties

If the pension he was receiving while alive was miscalculated and they have only realised after death then I don’t think they can claim.
Yes, they can.
prh47bridge · 04/03/2022 18:38

@donquixotedelamancha

No she isn't, she's acknowledged there's been a mistake.

Just because the company have told her an overpayment has been made doesn't mean she's liable for it. It's likely that she isn't and it's just standard debt collection practice to pester rather than prove a debt properly.

The OP was an executor. If the estate was distributed without settling all debts, including this one, she is personally liable.
burnoutbabe · 04/03/2022 18:44

Isn't there sone sort of estoppel principle here.

Father received the pension and probably lived off it and had in mind how to spend it/ it determined his budget.

If they discovered the mistake in life, could they have recovered it? That depends on whether it would have been reasonable for your father to know it was an error.

If all paperwork said he'd get x and he got x, how is he to know x was wrong? There have been similar cases with salary overpayments.

So I think whether it's owed or not needs sone investigation from a specialist.

squashyhat · 10/03/2022 13:14

Just come back to this thread. I spike to a solicitor 'triage' person who said that it would be worth getting some advice from the Pension Ombudsman before going any further, so I'm waiting for them to come back to me. If I am legally liable rather than being on the end of a fishing expedition (which I rather think I am as there has been no suggestion of legal recourse) then I will of course pay up but I'm not going to do so just to get them out of a hole of their own making.

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