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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20067
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

Resolved Question:

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?
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.
Do you dispute that it was overpaid?
Customer: replied 1 year 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.

Expert:  Stuart J replied 1 year ago.




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



http://www.financial-ombudsman.org.uk/consumer/complaints.htm



 





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

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20067
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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