kensington redeemed our mortgage by a "clerical error"

markf679

hi all 1st time poster here

on friday the 13th of feb i called kensington mortgages to pay our monthly payment only to be told to our supprise that our account had been paid off in full and closed down on the 1st of feb, i then asked by who we were told there was no name on the payment only that they had reddemed the mortgage in full, for the next week we called them every day to ask who had paid it and told them it was not us and each time we were told not to worry as they had recived money to pay the account with our names and account number on it, we then recived three letters in as many days saying "to confirm your account is now redeemed in full and you no longer have to pay us anymore money" we then recived the tiltil deeds with the mortgage charge removed, a week later we got a phone call saying thanks for the money but your solicitor sent it to the wrong building can he send it again??? so again i asked who had paid it and was told "there is no name on the account but it came from a solicitor in richmond on sunday the 1st of feb" i then calle dthe solicitors who have no knowledge of us or this transaction,
we then called kensington back who told me "the money was deff sent form them for the ammount and there is no way its an error of any type",
a few hours went past and we get a call form a manger in the redempitons department saying "there is and never has been any money put into your account you were missinformed" so i told him what we had been told about the solicitors and then said "all i can say is its not a customers money"??? so i quoted what he had said about there being no money there ever so why now is there money there and he is saying its not a customers money and we want to know whos money it is and how it came to be in our account he then said "i am not at liberty to divuldge that information"??

the next day we recived an over payment chq for £1200 pounds and another letter saying here is a chq for the over payment on the closed account, we then get a letter and a phone call from a cheif ex of the company telling us to pay our mortgage or else i then asked wher the money had come from and was told again "there never was any money into the account" so when i told this chap about the info regarding the solicitors he would not comment. the next day we recive a letter saying it was a simple clerical error and would like to offer us £250 as a way of putting things right!!
we did not take this as an answer we called them regarding the letter and we were told "its a one of incident it has never happened before with the company" we have sonce found out a family in southampton took kensington to court a few weeks ago for the same thing (if you know the family please can you post the outcome of the court case as we are dieing to find out) i called them about this one person said they have no knowledge of this and i was put on hold and transfered to the P.A of the manager of the closures department and we were told "that its the first time this has happend to our account" and we were never told about the solicitors and they do not know where we got this from.
since this has happend we have passed our paper work onto fareham VCRU and they have passed it on to the C.I.D to look at for possible fruad/money laundering.
kensington called us to demand we start paying our mortgage or else i then informed them that the police had our paper work and statments with the money going in and out of our account they then said "well thats up to you but oyur wasteing oyur time and we had not gone to them" so i gave them the number of the officer looking at it with the crime ref number and supprise supprise we recive a phone call from kensington saying would we accept the £250 and pay what we can afford on our mortgage each month for the rest of our time and kensington will put this to bed!!!

all very odd if you ask me can anyone advise us what we should be doing as i feel if they have written our mortgage off in error or if it is by frudulent means i should not have to pay our mortage ever again as the letters say.

what do you think???

should we go to the papers and tv shows with this??

silvercar

Errors happen.

Those making the error have an obligation to correct matters so that you do not suffer any loss.

Suitable compensation should also be made, ranging from a bunch of flowers to £300, depending on the aggrevation caused.

If there was fraud, then it wasn't by Kensington, so they can't be held responsible. Having discovered the error, they should put it right. It doesn't give you the right to have your mortgage written off.

By all means contact the TV/ Press/ Max Clifford if you feel that you can gain publicity money for this.

socrates

I think you should go to the papers and get as much money as you can out of this situation.

markf679

silvercar its not about money this is about multiple members of there company telling us one thing then others saying we were never told these things!!! did you not read the post??? if they done nothing wrong why when we went to the polive did they back down and offer us pay what you can afford each month? if they done nothing wrong why offer this and £250 to withdraw our complaint????

beecher

I think your number one priority should be to keep paying your mortgage. Your mortgage obviously wasn't paid off, so why should you not have to pay your mortgage ever again? What do you hope to achieve by going to the papers and tv shows? You're probably due some money for inconvenience - you might not think £250 is reasonable, but writing off your mortgage doesn't seem very reasonable either.

markf679

beecher we have letters from the closures, admin department, and account managment department and names and time of calls to there staff all saying our account is closed for good.
you would not go to a shop and buy something half the price it should be and be charged the extra money the next time you went in because of a mistake would you?

beecher

markf679 wrote: »

beecher we have letters from the closures, admin department, and account managment department and names and time of calls to there staff all saying our account is closed for good.
you would not go to a shop and buy something half the price it should be and be charged the extra money the next time you went in because of a mistake would you?

You knew they'd made a mistake so should not stop paying your mortgage. I take it you're now being charged extra because you've gone into arrears since February?

markf679

no they have written off the arrears and they have refused to take our payments until its sorted. yes i know they have but why tell us the money was recived from a solicitors then when i do my own digging around a chief ex gets involved and then tells us we were necer told about the solicitors but three of there staff have told us were it came from on what date and for how much????

beecher

markf679 wrote: »

no they have written off the arrears and they have refused to take our payments until its sorted. yes i know they have but why tell us the money was recived from a solicitors then when i do my own digging around a chief ex gets involved and then tells us we were necer told about the solicitors but three of there staff have told us were it came from on what date and for how much????

I don't follow this. How are you being charged 'extra money' if the arrears have been written off? Exactly how are you out of pocket? What is it you want compensation for?

markf679

stress and aggro!!! do you work for them or something beecher??? the main thing is why am i being lied to by the company

Ian_Griffiths_Halifax

Markf679, while I don't sympathise with Lenders whatsoever for what they have and are putting people through, this was a simple mistake and you obviously know it. A reasonable offer fo £300 as a "sorry" and ensure that they don't put any black marks against your name, should be sufficient.

If you try and take it to court the judge is bound to ask you what you are there for and what would your answer be? There's no claim as far as I can see.

Take the offer and tell them you want assurances that there are no arrears recorded against your account and let it rest IMO.