Am I liable for this debt someone else has incurred?.
Discussion
Backgound:
I am (was) the person of contact for a now deceased friend for Equiniti Armed forces pensions. He lived abroad and was married abroad, never came back to the UK since 03.
He died last year but there were AFPS overpayments to his account of around £1800 due to a delay of notification by his widow.
Equiniti have said via a letter addressed to me:
"As previously explained, as payment of AFPS benefits are made from public funds and the payment is not part of the estate, EQ Paymaster are required to seek recovery from you,I must therefore ask that you arrange for the sum of £1800 to be repaid". (then goes on to list bank details).
This is the second letter I've had from them, I have already replied along the lines of I am not a relative and haven't spoken to him for almost a year before he died. I'm not the executor, and have never had a penny from Equiniti myself nor would I be entitled to any.
Any idea of how I should reply?. Would a call to them maybe clarify the situation - or am I liable?. (No idea as to why though).
I am (was) the person of contact for a now deceased friend for Equiniti Armed forces pensions. He lived abroad and was married abroad, never came back to the UK since 03.
He died last year but there were AFPS overpayments to his account of around £1800 due to a delay of notification by his widow.
Equiniti have said via a letter addressed to me:
"As previously explained, as payment of AFPS benefits are made from public funds and the payment is not part of the estate, EQ Paymaster are required to seek recovery from you,I must therefore ask that you arrange for the sum of £1800 to be repaid". (then goes on to list bank details).
This is the second letter I've had from them, I have already replied along the lines of I am not a relative and haven't spoken to him for almost a year before he died. I'm not the executor, and have never had a penny from Equiniti myself nor would I be entitled to any.
Any idea of how I should reply?. Would a call to them maybe clarify the situation - or am I liable?. (No idea as to why though).
Did you tell them you are not the executor/s, it's not clear from your post if you actually told them that.
I'd say the executors need to step up and deal with this, unless there is some sort of contract between you and the pension company that is implicit in the 'person of contact' relationship.
I'd say the executors need to step up and deal with this, unless there is some sort of contract between you and the pension company that is implicit in the 'person of contact' relationship.
GT9 said:
Did you tell them you are not the executor/s, it's not clear from your post if you actually told them that.
I'd say the executors need to step up and deal with this, unless there is some sort of contract between you and the pension company that is implicit in the 'person of contact' relationship.
sorry, yes, I've clearly explained to them I am not the executor of the estate, which has already been settled to his widow.I'd say the executors need to step up and deal with this, unless there is some sort of contract between you and the pension company that is implicit in the 'person of contact' relationship.
As for any contract, I've never signed or agreed anything with Equiniti apart from being named as point of contact for mailing preferences on his behalf - so letters concerning him are in my name and addressed to me.
A person of contact is what - literally someone he put down as a point of contact? You're not a relative, not had power of attorney, are not the executor and at not even a beneficiary of his will. Your only duty (using the term lightly) is to direct them to someone who can help them further.
Point them towards the executor, solicitor, his widow or other relevant person, and tell them it's nothing to do with you and to f
k off. Okay, not literally. Then be done.
ChatGPT is really helpful in drafting polite yet direct correspondence.
Point them towards the executor, solicitor, his widow or other relevant person, and tell them it's nothing to do with you and to f
k off. Okay, not literally. Then be done. ChatGPT is really helpful in drafting polite yet direct correspondence.
Thanks for the replies so far, for clarity I've never received any monies on his behalf, nor have I been a beneficiary of his estate, nor have I managed anything apart from sticking a letter or two into a jiffy bag and sending it abroad.
Maybe they think I'm next of kin or a beneficiary, but as a non relative and having never received the monies they're on about, I think they're just angling and having spent an hour or so searching AI and google, I am pretty sure I'm not liable at all. The over-payments went into his account direct from them.
I'll call them tomorrow as my letter which I sent in January probably didn't get read.
Maybe they think I'm next of kin or a beneficiary, but as a non relative and having never received the monies they're on about, I think they're just angling and having spent an hour or so searching AI and google, I am pretty sure I'm not liable at all. The over-payments went into his account direct from them.
I'll call them tomorrow as my letter which I sent in January probably didn't get read.
No, you have no legal requirement under any circumstance to pay anyhting.
I hope in saying you are not the executor you passed on the full details of who WAS the executor to them.
Any power of attorney anyone might have had ceases immediately upon death under UK law. No idea how it all works in other countries or what is their equivalent.
As he lived abroad and presumably had no UK assets obviously his estate and the due process in clearing it up and giving the monies to whom the will says, paying any tax due and so on are subject to the laws of that country and not the UK.... and to add I've no idea how debts not discovered or signaled to the executor in time or indeed anytime are dealt with in that country. Even more messy as they are, to the executor, foreign debts
In the Uk if there are no assets to pays the debts the debts vanish as the estate is insolvent. I know that in Japan beneficienary of an estate inherit the debts as well so if there are insufficient assets to pay the debts the beneficiary(s) end up paying!
I'd continue to respond as others have indicated. You are not the executor of the estate and that they should direct all their correspondence to ....and supply the name/address etc of the executor. If you do not know who was the executor then all you can do is supply the contact details of the widow while explaining much as you did in your question that this is the only point of contact you had for them.
When dealing with these matters as executor I always preferred written conversations so there was a record of who said what when rather than the highly deniable telephone conversation which one party at least misinterpreted....!
I hope in saying you are not the executor you passed on the full details of who WAS the executor to them.
Any power of attorney anyone might have had ceases immediately upon death under UK law. No idea how it all works in other countries or what is their equivalent.
As he lived abroad and presumably had no UK assets obviously his estate and the due process in clearing it up and giving the monies to whom the will says, paying any tax due and so on are subject to the laws of that country and not the UK.... and to add I've no idea how debts not discovered or signaled to the executor in time or indeed anytime are dealt with in that country. Even more messy as they are, to the executor, foreign debts
In the Uk if there are no assets to pays the debts the debts vanish as the estate is insolvent. I know that in Japan beneficienary of an estate inherit the debts as well so if there are insufficient assets to pay the debts the beneficiary(s) end up paying!
I'd continue to respond as others have indicated. You are not the executor of the estate and that they should direct all their correspondence to ....and supply the name/address etc of the executor. If you do not know who was the executor then all you can do is supply the contact details of the widow while explaining much as you did in your question that this is the only point of contact you had for them.
When dealing with these matters as executor I always preferred written conversations so there was a record of who said what when rather than the highly deniable telephone conversation which one party at least misinterpreted....!
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