Repayment Mortgage Decision Reference 2021-0283

• Case Outcome: Rejected
• Reference: 2021-0283
• Date: 23 August 2021
• Year: 2021
• Subject Matter: Repayment Mortgage
• Conducts Complained Of: Failure to process instructions in a timely manner,Disputed transactions, Failure to provide calculations, Failure to provide correct information
• Finantial Sector: Banking

Decision Ref:

2021-0283

Sector:

Banking

Product / Service:

Repayment Mortgage

Conduct(s) complained of:

Failure to process instructions in a timely manner

Disputed transactions

Failure to provide correct information

Failure to provide calculations

Outcome:

Rejected

LEGALLY BINDING DECISION OF THE FINANCIAL SERVICES AND PENSIONS OMBUDSMAN

The Complainant’s late husband held in his sole name, a mortgage account with the

Provider. This complaint relates to the Provider’s suggested maladministration in the closing

of this mortgage account, following the death of the Complainant’s late husband.

The Complainant’s Case

The Complainant says her late husband passed away suddenly in late 2017.

The Complainant’s late husband held a life assurance policy with a named Insurer (‘the

Insurer’), which was assigned to the Provider as security in respect of the mortgage loan.

The Complainant says she first contacted the Provider by telephone 9 days after her husband

died to inform it of the death of her late husband and with a view to closing his mortgage

account. The Provider advised that she send it the Death Certificate.

The Complainant posted her late husband’s Interim Death Certificate to the Provider the

following day, which the Provider acknowledged by telephone on 8 November 2017 that it

had received this. The Complainant also hand delivered the formal Death Certificate into a

local Provider branch on 27 March 2018.

- 2 -

/Cont’d…

The Complainant sets out her following communications with the Provider regarding this

matter:

“21/11/2017 – informed by [local Provider branch] that matter was being processed,

advised to contact mortgage advisor by phone.

24/11/2017 – attempted to contact mortgage advisor by phone, no response/reply.

27/03/2018 – completed BER Notification Form & provided full Death Certificate to

[local Provider branch], assured it would be forwarded to appropriate section.

26/09/2018 – [The Provider] issued letter to my solicitor confirming mortgage

balance at date of death was €73,532.46.

18/01/2019 – I received email from my solicitor following confirmation from [the

Provider] that mortgage outstanding balance was €76,969.32 & it was the

responsibility of [the Insurer] to correspond with [the Provider] regarding the

payment of [the life assurance] policy against the mortgage.

[The Complainant’s] solicitor communicated with [the Provider] requesting an

explanation regarding the outstanding balance and how this amount had

accumulated.

05/02/2019 – Solicitor letter to [the Provider] having received confirmation that [the

Insurer’s] [life assurance] policy had been paid on [25 January 2019] & requesting if

there were surplus funds.

25/02/2019 – [Provider] letter confirming no surplus funds.

06/03/2019 – [Provider] letter confirming outstanding balance of €3,186.64 on

mortgage account. [The Provider] still would not provide calculations or breakdown

for sum outstanding.

22/03/2019 – [Provider] letter providing figures for outstanding balance of €3,194.34

& requesting transfer of funds.

27/03/2019 – [Provider] letter requesting marriage certificate & written authority in

order to provide calculations/balancing statements regarding outstanding balance.

14/06/2019 – [Provider] letter stating they had submitted claim to [the Insurer] on

[15 January 2018] and had received funds on [29 January 2019]. [Provider] had

previously stated that it was the responsibility of [the Insurer] to communicate with

them.