kensington redeemed our mortgage by a "clerical error"

luckyfool

rent_and_buy wrote: »

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

Standard practice if the judge thinks his action is frivolous or taking the mick. The costs of the lender could easily be awarded against him/her.

jaynes2326

OP - take a look at the case of Fender v Natwest. This was a commercial case and circumstances slightly different but I think the principles are applicable to your circumstances.

Case held that where a unilateral mistake has been made (in your case by Kensington) the judge will look at whether the person who made the mistake was in full possession of the facts and whether they would ahve acted as they did if they were in full possession of the facts. A very equitable approach was taken in that Natwest released a charge mistakenly thinking that all monies had been paid. All monies had not been paid. The judge held that the release was to be rescinded as Natwest had made a mistake.

So you really would not appear to have any legal basis to have your mortgage written off.

I hope you get and enjoy the £250 from them though!