kensington redeemed our mortgage by a "clerical error"

fattony

you have the title deeds and a letter saying you dont owe a penny I'd love to think you could get away with it but dont think you will

rent_and_buy

fattony wrote: »

you have the title deeds and a letter saying you dont owe a penny I'd love to think you could get away with it but dont think you will

You never know its worth a try, if they have sent three letters saying i never owed anything i would take my chances in a court, at the end of the day the other person has done nothing wrong and i think the mortgage people should pay for their stupidness.

What i would do is say i had all the money for the mortgage under my bed and when you told me it was paid off i went out on a spending spree, im sure you deserve a lot more than 300 pound, its just a lot of people on here dont like to see people getting a free lunch, unless it is them.

good luck with it id ove to see you get it.

seven-day-weekend

markf679 wrote: »

what do you think???

QUOTE]

I think they made a mistake. Thry happen.

I think that as you owe the money you should pay it.

scotty1971

i personally think the op's first post is bull****!, only my opinion though,so don't take it too heart and get upset!!

Ian_Griffiths_Halifax

rent_and_buy wrote: »

its just a lot of people on here dont like to see people getting a free lunch, unless it is them.

I don't think that's the case at all. It's just that it's blatantly obvious even to the terminally stupid that it was a clerical error and he'll not get away with it. On top of that he'll embarrass him self at Court and waste their time while possibly incurring the lenders legal fees.

Posters are just trying to help the OP come to the right decision.

Scaredy_Cat_3

Chances are they will have covered themselves with the small print. I am just taking out a remortgage so have been reading the leaflets and offer etc. There is a bit in the info pack, just a couple of lines, that says I have to pay back what I owe them, even if they have already sent me a letter saying the mortgage is clear.

Seems to me this is there to cover them for clerical errors like this.

samba

rent_and_buy wrote: »

... people should pay for their stupidness.

What i would do is say i had all the money for the mortgage under my bed and when you told me it was paid off i went out on a spending spree...

You'd definitely end up paying for your own stupidness if you went into to court and told them that!;)

RobertoMoir

rent_and_buy wrote: »

You never know its worth a try, if they have sent three letters saying i never owed anything i would take my chances in a court, at the end of the day the other person has done nothing wrong and i think the mortgage people should pay for their stupidness..

Well I thought that they had already offered £250. That would be the "pay".
It might be one thing to say "well actually I was thinking £300 (or the payments that would normally be occurred during the month/months that the confusion reigned on for) would be a more suitable amount", and another to say "well I don't have to pay then, 'cos of a clerical error".

I personally think that the former approach is reasonable and the latter is not.

Put it another way, if the OP had sent the money for one month's repayments and it got lost due to clerical error, would the OP simply send the money again? Would you suggest that?

rent_and_buy

Ian_Griffiths_Halifax wrote: »

I don't think that's the case at all. It's just that it's blatantly obvious even to the terminally stupid that it was a clerical error and he'll not get away with it. On top of that he'll embarrass him self at Court and waste their time while possibly incurring the lenders legal fees.

Posters are just trying to help the OP come to the right decision.

i think i would go down the, ive had the letter saying this, they may take him to court, but i think the court might say he will have to pay the money back, but no way will he have to pay the legal fees for their mess, and i m sure if they do take him to court it will cost a lot more than 250 pound.

Infact he would probably get the 250 pound costs and extra compensation on top.

It reminds me of when i had a letter from a debt recovery agent saying i owed 400 pound from 5 years previous and they told me i would be took to court, luckily i had kept all the correspondance and my account was zero when i left.

they told me to send proof and i said no take me to court, i will show you there whilst they are paying for my day out.

How much do you lot think it would take and cost for the mortgage company to take him to court??

And if he did go to court and produced the 3 letters and the deeds, the court might see that a mistake has been made, but i would be very shocked of he would have to pay the cost's for their mistake.

I personally dont think he has anything to lose and for someone to say he would have to pay their legal fees is ridiculous.

Ian_Griffiths_Halifax

rent_and_buy wrote: »

i think i would go down the, ive had the letter saying this, they may take him to court, but i think the court might say he will have to pay the money back, but no way will he have to pay the legal fees for their mess, and i m sure if they do take him to court it will cost a lot more than 250 pound.

Infact he would probably get the 250 pound costs and extra compensation on top.

It reminds me of when i had a letter from a debt recovery agent saying i owed 400 pound from 5 years previous and they told me i would be took to court, luckily i had kept all the correspondance and my account was zero when i left.

they told me to send proof and i said no take me to court, i will show you there whilst they are paying for my day out.

How much do you lot think it would take and cost for the mortgage company to take him to court??

And if he did go to court and produced the 3 letters and the deeds, the court might see that a mistake has been made, but i would be very shocked of he would have to pay the cost's for their mistake.

I personally dont think he has anything to lose and for someone to say he would have to pay their legal fees is ridiculous.

No,to say it's worth taking it to court is ridiculous. He should see a Solicitor first and then when the Solicitor recovers from his laughing fit, decide whether or not to drive to the Court in a little yellow car with a squeeky horn, that the doors drop of as he slams it shut, while wearing oversized shoes, a red nose and a bow tie that spins round while squirting water.

A complete waste of time

While he probably wouldn't need to pay the lenders costs in taking him to court, he's still better off spending his time learning how to knit fog.