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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22388
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My insurer has told me they have overpaid a claim following

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My insurer has told me they have overpaid a claim following a burglary as they replaced a stolen laptop and subsequently included the value in their full and final cash settlement. What rights do they have to recover this money given the settlement was made in full and final acceptance of all claims and it was against this that I accepted their settlement?
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Do you dispute that it was overpaid?
Customer: replied 3 years ago.

Not really; however I would have disputed the final settlement amount for other items that weren't paid or were paid at a lower value than I believed had the value for the laptop not been included.

Thank you.

I'm sorry to have to tell you
that if they genuinely made a mistake, you have no defence to mistake. You
cannot rely on their mistake to keep anything which you have been overpaid.

However there is clearly a
dispute here as to whether it is indeed a legitimate overpayment or whether
they are simply using this as a way to reduce your claim.

I would tell them that you don't accept
that you have been over paid and put them to strict proof as to overpayment and
that meanwhile you will refer the matter to the Financial Ombudsman to get their
view on this


Does that answer the question? Can I assist further or answer any
specific queries?

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