Thank you for your continued consideration of this unclebulgaria67 and Andy. I couldn't find the MCOL password anywhere so posted the Acknowledgement yesterday. I also sent Weightmans a CPR 31.14 request asking for copy documents referred to in the POC: 1. Copy Civil Service Pension Agreement / Contract - POC 1. 2. Copy Terms & Conditions of same dated and signed – POC 1 & 3. 3. Copy Notification of Death of the Deceased – POC 2. 4. Copy of all overpaid payment transactions, dates paid with proof of payment received – POC 3, 4 & 7. 5. Copy of all paperwork showing Claimant as primary beneficiary – POC 6. A couple of questions if you don't mind me asking. 1. Am I able to reference or rely on the Consumer Credit Act 1974, with this? 2. If not, is there an Act you are aware of that applies? unclebulgaria67: I think that's an absolute certainty. Andyorch: Can you offer me any thoughts or ideas on how I would approach this as a defence? Seeing relatives in Scotland this weekend and will be trying to uncover information. If the bank branch is still in the village I'll be popping in. Thank you again, Kat...

Thank You unclebulgaria67, I'll wait to see if anyone can offer more advice. I'm currently trying to acknowledge service using the MCOL thing but can't respond as I need a Defence Pack Password. Any idea where I'd find that. There's nothing in the Response Pack. Kat...

Apologies as I didn't get time to reply yesterday. Than You unclebulgaria67, I do feel that the Scottish element is the best way to proceed given Mum, the Will, the Executor, all other beneficiaries and the bank are all in Scotland and subject to Scottish law. As I'm sure any T&C's Mum signed would be. I'm just trying to work out whether I should dispute the jurisdiction based on personal jurisdiction, territorial jurisdiction or subject matter jurisdiction. The claim was made in England through the MCOL online process. As the service date was the 16th I think today is the latest I can post the Acknowledgement of Service. Thank You Andy, Your link reminded me that it was actually my fathers Civil Service Pension and that my Mum was his Death Benefit Nominee. Her pension was with the NHS. All your help is greatly appreciated. Kat.

Hi unclebulgaria67, My Mother died in Mar 2009. Claimant says was made aware 14th Aug. 2010. Court Claim Stamped 16th Aug. 2016. Currently no idea when last payment was made. I've never contacted or been in contact with anyone regarding pension or any payments. Mother lived in Scotland. Bank account with RBS in Scotland. Thanks for the Solicitor info, will research further. Regards, Kat.

Thank you Mr.P. I shall check back regularly. Regards, Kat.

Thank You Mr.P, I am currently trying to contact the solicitor/executor, who it appears may have retired. I am also looking into the statute barred issue but I am unsure whether Civil Service Pensions are exempt from the limitation. Are you able to clarify this for me? Regards, Kat.

unclebulgaria67 I wasn't given temporary access I was named on the account for years. The bank account was changed to the secondary account holders name, which I believe was bank policy at the time, and the account was left alone until everything was wrapped up. I wasn't ever aware of funding sources and I'm not sure why the solicitor/executor didn't request them or inform the pension department. Perhaps he did! I'm not sure the account being open/closed is that relevant. When the estate was distributed I was sent a cheque which was part of the balance of the total estate. The total estate included the funds in the bank account and as such my portion probably included a portion of any overpayment. However it appears I'm being held accountable for the whole overpayment plus interest and costs. The set of circumstances are probably a little too complicated for the forum without a detailed timeline, dates and amounts. I'll have to find that paperwork and perhaps come back then. Regards, Kat

Thank you for your prompt response unclebulgaria67, It has been some time since my Mothers death and I have moved house 3 times since then, so old paperwork is a little hard to come by but I'm trying to find whatever I had. If memory serves, because my name was on the bank account it was changed to only my name after the solicitor notified the bank. It then remained open until everything was wrapped up. This didn't happen until Mum's house was sold. I'm looking for the exact dates that took place. Weightmans wrote demanding payment not information, I was away at the time, for three weeks helping look after my new grandson. When I got back the claim was here.

Hi all, I hope I have added this to the proper section. If not please feel free to move it to a more appropriate section. I would greatly appreciate any help you can give me with an urgent issue with a County Court claim for repayment of pension payments made to my mothers bank account after her death. Brief Details of Claim (received 16th Aug 2016) state: "To recover an unjust enrichment of monies which were paid under a mistake of fact, to which the Defendant had no entitlement to receive." They also state; "Whilst no official probate process was undertaken by the Defendant, the Claimant believes that the Defendant administered the deceased's estate on an informal basis and that she was the primary beneficiary of the same." Claim amount is for £11906 plus costs Solicitors are Weightmans acting for Minister for the Cabinet Office NOTE: My Mother died in Mar 2009. The claim states that the Claimant was not made aware of the death until Aug. 2010 and payments continued to be made until then. My Mother lived in Scotland all her life. I have lived in England since 1988 and still do. My mother left a will. Her solicitor was the executor and dealt with the will, financial matters, the house sale, etc. Apparently my mother received a Civil Service Pension after my step-father died and this pension was paid into the bank account my mother had added my name too. I was added to this bank account in order that I could help deal with financial matters should she ever become so unwell that she couldn't do so herself. This was never required and I neither paid in or withdrew money from the account. My mother was very ill, on strong painkillers and in a care home when she died, but was still aware and able to deal with her affairs. The monies in her bank accounts were included in the final distribution of funds. I was one of about six beneficiaries, who included my sister, some cousins and my mothers financial adviser. Her solicitor was paid around £8000 as executor, if memory serves. I have never dealt with my Mothers pension and aside from my sister and I registering her death with the Registrar and obtaining the Death Certificate, the Solicitor dealt with all other matters. I would greatly appreciate if anyone could offer some advice as to how I should respond to this claim. I have searched the forums but have not found anything I feel relates to my set of circumstances. Thank you in advance. Kat