kensington redeemed our mortgage by a "clerical error"

beecher

Kavanne wrote: »

You never know there might be some weird precedent about being in possession of the deeds or something.

Doubtful - since digitalisation of deeds many people have the deeds to their home while still holding a mortgage. I'd assum the court would say it was obviously an error, and that it would be reasonable for the OP to know that it was an error, and not to assume they wouldn't need to pay their mortgage.

Comyface

I wonder if they have also removed their charge at the Land Registry? And if they have, can they put it back on again without your agreement?

Not sure how you would check this, must be fairly easy though.

FWIW I agree that it's just a mistake and you should pay back the money you borrowed from them. Bit of a weird one, though!

uzubairu

markf679 wrote: »

beecher i want them to honour what they sent in three letters on there headed paper saying "you are no longer a customer of ours and no longer have to pay us any money" we have it three times in letters even after we called them to say we did not pay it off

You know full well that you haven't repaid your mortgage, so it was clearly a mistake.

The only crime being committed here is you thinking you can get out of paying your mortgage due to a clerical error.

Take the compensation and get on with paying back what you owe.

scrounger_2

Wheres Sherlock Holmes when you need him?

Rednoseranter

Its just a case of money being applied to the wrong account, a computer thinking that you've paid it off and triggering the usual round of redemption letters. You call the lender on a number of occasions speak to different people who all look at the screen and say "Yes Mr XYZ - your mortgage is paid off and you don't owe us anything." Mean while the owner of the funds wants the back, because they've been paid into the wrong account, and so the lender wants you to start paying the mortgage again.

They've offered you £300 for stress and inconvenience - take it, the FOS will only award this much anyway, but you will still need to pay your mortgage. No lieing, no conspiracy, no fraud - just the usual left hand / right hand issue that you get with all lenders.

Fliss_M

Did it occur to you this solicitors has been mentioned because it was sent by them but for a different account? The solicioors arent about to say 'oh we didnt send it to your account but we did send x amount for this account.' Data protection act anybody? Hence why there was also an overpayment

You owe the money, you know that. Your just trying to skulk out of it, as you got your hopes up the error wouldnt be noticed. Twice now money has appeared in my back account that I didnt put in and has never been taken back. I think 'heck that was lucky' but I also wouldnt be surprised to get a letter saying 'give it back'.

Just pay it, make sure there are no arrears on your credit history, take the £250 and be happy. You may have only gotten a letter of appology and that would have been it.It is EXACTLY what your posts heads, a clerical error. Nothing more. A court would take one look at kensington paperwork, find in their favour and stick you with the court bill. And possibly a ticking off for wasting court time.

System

markf679 wrote: »

beecher i want them to honour what they sent in three letters on there headed paper saying "you are no longer a customer of ours and no longer have to pay us any money" we have it three times in letters even after we called them to say we did not pay it off

Hahaha, I'm sure you do, but let's be honest that isn't going to happen. You don't get rid of a mortgage due to an error like that. If you take it to court you WILL get laughed at, save yourself the public humiliation.

boomyanka

"silvercar its not about money"

That's ok, at least it isn't about the money, I would hate it to be about the money.

Oh wait a minute, fast forward a few minutes and we have,

"i want them to honour what they sent in three letters on there headed paper saying "you are no longer a customer of ours and no longer have to pay us any money"

So it is about the money, glad we cleared that up.

This is genius!!!! Hope my mortgage gets paid off in error!!! Can I just write a letter to myself, will that count????

Brilliant!!!

samizdat

boomyanka wrote: »

"silvercar its not about money"

That's ok, at least it isn't about the money, I would hate it to be about the money.

Oh wait a minute, fast forward a few minutes and we have,

"i want them to honour what they sent in three letters on there headed paper saying "you are no longer a customer of ours and no longer have to pay us any money"

So it is about the money, glad we cleared that up.

Ha! Nice one.

terryw

Comyface wrote: »

I wonder if they have also removed their charge at the Land Registry? And if they have, can they put it back on again without your agreement?

Not sure how you would check this, must be fairly easy though.

FWIW I agree that it's just a mistake and you should pay back the money you borrowed from them. Bit of a weird one, though!

Quite easy to check. Go to Land registry web-site. Pay a couple of quid and obtain copy of Land Registry Certificate which will will show details of charges and redemptions.
But this will be a waste of said couple of quid as charge will not have been marked as redeemed at the LR.

terryw