Repayment Mortgage Decision Reference 2021-0283

Case OutcomeRejected
Subject MatterRepayment Mortgage
Date23 August 2021
Conducts Complained OfFailure to process instructions in a timely manner,Disputed transactions, Failure to provide calculations, Failure to provide correct information
Finantial SectorBanking
Decision Ref:
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
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.
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The Complainant sets out her following communications with the Provider regarding this
“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
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

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