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Over paid inheritance - Will company wants it all back

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  • Over paid inheritance - Will company wants it all back

    Hi,

    I received inheritance of just under £27k in March 2013. It was left to me by someone who I cared for and supported in a professional capacity for some years before passing away. I was at first reluctant to accept it as somehow it didn't feel right. I discussed this with the issuing solicitor who insisted that I should and must sign to accept. In fact, I felt very pressured into this and felt torn over the decision but came to the assumption that perhaps there was little or no other option for her having no other surviving relatives. I was then discharged for Gross misconduct (for accepting it) from my old job and had to take a period of time off for stress due to the mental anguish this caused. In Oct/Nov 13 they wrote to tell me they had made a mistake and had over paid me by aprox £10k. By this time the money had been used to fund a deposit to purchase a house (our home) - we were renting up to that point.

    It has now come to light following some redirected mail from that old address via an old neighbour whom I see if and when, that they have passed this on to a debt collection agency. They are now threatening legal action. Needless to say this has become very distressing. The solicitor (a Will Company) have clearly made a mistake but I don't know how to deal with this. My husband and I simply do not have this kind of money. Should they not be insured for this kind of mistake? It already costed me my job. Is it reasonable that they should expect me to some how pay this back? Any advice would be very gratefully received. Really do not know how to respond to this situation. :-(

    My phone number has not changed and they have not attempted to call me or email me.

    Thanks
    C
    Tags: None

  • #2
    Re: Over paid inheritance - Will company wants it all back

    Hi and welcome.
    Basically if an executor overpays a legacy to a beneficiary, the executor is liable for any shortfall to other beneficiaries.
    That is why executor liability insurance policies exist.
    I personally would ignore any mail received from a DCA, and if they try phoning just hang up.
    If by some chance you receive proper court papers or a letter headed "letter before claim" come back for further info on how to deal with them.

    On the basis of what you have told us there is no way they can recover this overpayment, unless you give it to them.

    Comment


    • #3
      Re: Over paid inheritance - Will company wants it all back

      I would have thought if there was any chance of recovering the alleged overpayment this would have gone straight to court not a DCA.
      Which DCA is this?

      nem

      Comment


      • #4
        Re: Over paid inheritance - Will company wants it all back

        Absolutely agree with Des - see here: http://death-duties.co.uk/content/executor-liabilities

        Comment


        • #5
          Re: Over paid inheritance - Will company wants it all back

          Thank you. Are you sure? Im worried that if I ignore this I could end up in a worse position... Thanks for your support. Im very thankful.


          Originally posted by des8 View Post
          Hi and welcome.
          Basically if an executor overpays a legacy to a beneficiary, the executor is liable for any shortfall to other beneficiaries.
          That is why executor liability insurance policies exist.
          I personally would ignore any mail received from a DCA, and if they try phoning just hang up.
          If by some chance you receive proper court papers or a letter headed "letter before claim" come back for further info on how to deal with them.

          On the basis of what you have told us there is no way they can recover this overpayment, unless you give it to them.

          Comment


          • #6
            Re: Over paid inheritance - Will company wants it all back

            Hi, the agency is Husband Collection Services Ltd. Should I respond to them in any way?

            Comment


            • #7
              Re: Over paid inheritance - Will company wants it all back

              Originally posted by harrisc View Post
              Hi, the agency is Husband Collection Services Ltd. Should I respond to them in any way?
              NO!! I have a hunch about this company.
              Do you have an address please?

              Abbie & Sean Husband Eastleigh Hampshire.
              2 directors no employees.
              Certainly not high powered.
              Is the "will " company?
              nem
              Last edited by nemesis45; 22nd February 2015, 20:25:PM.

              Comment


              • #8
                Re: Over paid inheritance - Will company wants it all back

                On the top of the letter is says: Basepoint Premier Way, Abbey Park Ind Est., Romsey, Hampshire. At the bottom of the letter it shows a registered address of : Highfield Court, Tollgate, Chandlers Ford, Eastleigh, Hampshire.

                Originally posted by nemesis45 View Post
                NO!! I have a hunch about this company.
                Do you have an address please?
                nem

                Comment


                • #9
                  Re: Over paid inheritance - Will company wants it all back

                  https://www.companiesintheuk.co.uk/l...ction-services

                  Comment


                  • #10
                    Re: Over paid inheritance - Will company wants it all back

                    They haven't a snowballs chance in hell..... especially as you have spent your legacy.

                    Comment


                    • #11
                      Re: Over paid inheritance - Will company wants it all back

                      Well known chancers!

                      Comment


                      • #12
                        Re: Over paid inheritance - Will company wants it all back

                        Thanks for the info. The Will Centre, Plymouth seems to be a local company. Certainly not a National of any kind...

                        QUOTE=nemesis45;521448]NO!! I have a hunch about this company.
                        Do you have an address please?

                        Abbie & Sean Husband Eastleigh Hampshire.
                        2 directors no employees.
                        Certainly not high powered.
                        Is the "will " company?
                        nem[/QUOTE]

                        Comment


                        • #13
                          Re: Over paid inheritance - Will company wants it all back

                          I've " come across these two in the past when they were based in Weybridge in Surrey.
                          Lot's of prattle about multilingual " debt Collectors" but Linked In Profile on staff say " Myself Only" .

                          I'd tell them to go forth any multiply!!!

                          nem

                          Comment


                          • #14
                            Re: Over paid inheritance - Will company wants it all back

                            Yes - if necessary, refer them to Arkell v Pressdram

                            Comment


                            • #15
                              Re: Over paid inheritance - Will company wants it all back

                              [QUOTE=MissFM;521463]Yes - if necessary, refer them to Arkell v Pressdram [/QUOTE
                              My memory stirs a hunch there may be a link with "will writing" will take a deeper look tomorrow.

                              nem

                              Comment

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