Tearing my hair out.

[Colin Rowledge]

My late father died in 2011 and upon his death all sources of pension income were advised by his solicitor. One company, though continued to place his huge pension - $12.34 monthly - into his account. I contacted them personally and instructed them to stop. It didn't and at the end of 2011 in accordance with regulations I received the appropriate form from them for income tax purposes. Again I contacted them and sid he had been overpaid from March-December and requested instructions on how to submit the refund to them and also advising that since a payment had been credited for January and February, I would also return that amount and that the account was now closed

Again no response.

Last week, I received a letter addressed to my dad, from a company that had acquired his previous employer in 2011 and asking for details about my dad - including details of his new account - as they were holding his payments since March and wanted to apply them to his new account. I again wrote, told them he was dead and had been since February 2011. Today, I received a letter, offering condolences and requesting the return of 12 X $12.34.

To my way of thinking this new company is not entitled to it. I agree he was overpaid but it was not from the new company funds.

Am I correct or should I just send it?

Colin

[Jan1954]

Colin,

Do you have the Canadian equivalent of the Citizen's Advice Bureau over there, who could offer you free legal advice? If so, that is whom I would be asking.

Over here, we have something called TUPE (Transfer of Undertakings (Protection of Employment)) that applies when a company is taken over, which protects the employees and I think has an impact upon ex-employees' pensions etc.

You need to find out the circumstances under which any take-over happened and what terms and conditions were involved. This is not something that can be advised on here and you need to take some sort of legal advice.

[Colin Rowledge]

Jan

I am not asking for legal advice. I intend to reimburse the overpayment, but to whom - the old company now no longer in existence or the new one?

Given that the overpayment amounts to $148.08, spending more money on legal advice seems crazy, doesn't it?

All I wanted to do with this thread was to vent my frustation

Colin

[geneius]

Over here, we have something called TUPE (Transfer of Undertakings (Protection of Employment)) that applies when a company is taken over, which protects the employees and I think has an impact upon ex-employees' pensions etc.

This wouldn't apply in the case as it is concerned with protecting existing contracts of usually Civil Servants and Local Government Officers when there existing employer was taken over. This was followed by the Tomlin Report which was the result of a European Court Case started by my husband, continued by his female Greek collegue in the late 1990's coming to fruition in 2002! You need to think why the unions out this female forward.

Colin it depends on the terms & Conditions of the sale and purchase as to who owns the 'debt'

Jx

[Mutley]

You accept you are not entitled to it, I doubt if your dad is the slightest bit bothered any longer and the original company has bit the dust, so where else can it go but to the new company and does it really matter?
as long as it is gone.... Gone from your mind, gone from your ever needing to think about it again.

Why should you worry if the new company is entitled or not - let their accountants work it out.
just send it off and forget about it - Job done and your frustration is duly noted and the thread is closed.