Advice needed over old personal injury claim

[davoir2000]

My mother in law received her settlement from a personal injury claim about 5 or 6 months ago. The solicitors have now wrote to her stating they made a mistake with her offer and that she owes them £225. Firstly, can they claim this back after the amount was offered and signed for? If so how can this be as there is a legally binding signed document with the amount she received?

[Ganymede]

Can we have a little bit more background please. When was the accident and the claim started firstly?

 

Secondly what is the £225 for? Is it for medical treatment or legal fees or something else?

 

Thanks.

[davoir2000]

The accident happened September 2013. The settlement cheque came through May 2014 for £2450 which was the amount that had been offered to her, and she signed the paperwork and sent it back to them. They then issued the cheque.

 

They are now trying to get her to pay them £225 stating that 'They' made a mistake and the settlement offer should have only been £2225 as the £225 they are trying to claim back was for physiotherapy.

 

In my mind they should not be able to claim this money back as it was their mistake and that my Mother in law received exactly what was on the settlement letter. If they had overpaid her I believe that would be a completely different situation and yes I understand that if they had sent her a cheque for £2675 instead of the £2450 she had signed for then they could claim it back, but because they made the error on a legal document that was signed, and then signed off their end and a payment issued, I wouldn't of thought they would have any legal recourse to get the money back, as its not an overpayment its a clerical error in the paperwork which they made.

[Ganymede]

I knew it would be for physiotherapy, it happens all the time.

 

Yes a mistake has been made and your MiL was sent £225 by accident that should have gone to the physiotherapist instead to discharge your MiL's liability to them.

 

The settlement offer of £2450 included both general damages (pain & suffering) and special damages (physiotherapy etc) so I would return the money that is owed to the physiotherapist otherwise the physio could potentially come after your MiL for the money.

[davoir2000]

The physiotherapist that she was sent to was an NHS one at the hospital and she was sent there by her own GP.

 

There was no mention in any of the documents prior to this about payments for physiotherapy. She did not claim for any physiotherapy on any of the paperwork and never saw a physio privately. In none of the settlement letters do they mention any money for physiotherapy or medical bills either. My MiL has all the letters still pertaining to the accident and can prove that there was no mention of money for medical/physio, so I would assume they have no leg to stand on.

[Ganymede]

I'm confused.

 

You said in your earlier post that the £225 was for physiotherapy costs?

 

So what is it?

[davoir2000]

The £225 is what they are asking for paid back, the reason they give is that it was meant for Physio.

My mother in law never claimed for physio as she was referred by her doctor to an NHS Physio.

[Ganymede]

Are you sure about that?

 

Ask to see a copy of the alleged physiotherapy invoice.

[SuperVillain]

Can NHS recover physio charges via the CRU? I thought (although I may be mistaken) that it was standard practice for a CRU certificate to be obtained in all PI cases...

 

If so that might be where the charge has arisen. But as stated above ask to see the proof and eliminate any doubt...