Over payments on Mothers mortgage

hel838

Hello,

Last year I had a letter off my mums solicitor stating that she had made overpayments on mortgage. I got in contact with mortgage she had, I eventually got a reply and was told to send death certificate and will. Which I did.

After months and months of waiting for a reply. I got in contact again by email to be told that a refund has been given to my father.

My mother and father got divorced, he made no contribution toward any payment toward the mortgage. which i can prove by my mums bank statements. But his name must of been on it.

I was advised by solicitor to claim for the money as it was regarding my mothers mortgage which i temporarily took over.

I am angry that they never got in contact that the had given the money to my father, who i have nothing to do with as he is a nasty man. Also that they said they had given the money to him AFTER telling me to send my mums death certificate and info.

Is he entitled to the money. I was her only next of kin and inherited everything including the property.

Thanks in advance to any responses.

madbadrob

I am guessing that your mum died intestate (without leaving a will) and that the divorce was finalised prior to your mums death. If that is the case then your father has no entitlement to the money and the bank have acted erroneously. I would instruct my solicitor to write to your father stating that you want the money back. I would also instruct him to write to the bank asking them how they intend to reimburse you the money has they have given the money to the wrong person who had no entitlement to the money. Once you have a reply from the bank and if you are not happy with their response you can then take it to the financial ombudsman service who can if they agree with you make the bank repay the money. If your father states he no longer has the money nor any money to repay you then you would be wasting your time pursuing him further

Rob

AMILLIONDOLLARS

Sounds like the bank are at fault, so I would be suing them for the money back!

AMD

madbadrob

AMILLIONDOLLARS wrote: »

Sounds like the bank are at fault, so I would be suing them for the money back!

AMD

Not if Dad is named on the mortgage and thats what is needing clarified

Rob

ValHaller

madbadrob wrote: »

Not if Dad is named on the mortgage and thats what is needing clarified

Rob

The above is the first question to sort out

If he is not party to the mortgage nor on the deeds, then deal with the lender who are entitled to amke gifts to father if they so wish, but not out of mother's estate.

If he is party, then it is a whole lot more work to establish what he is actually entitled to.

dzug1

hel838 wrote: »

Also that they said they had given the money to him AFTER telling me to send my mums death certificate and info.


.

Well either the death certificate and info proved (to them) that he was entitled to the money or they've screwed up.

On the info you've given it's hard to tell