Monks v National Westminster Bank plc

Bank – Account. The Chancery Division held that a banking arrangement to temporarily hold mortgage payments had not put the claimant mortgagor into arrears for those payments. Consequently, the defendant bank was wrong to have circulated adverse credit information relating to those payments. By deeming the unpaid instalments as arrears, the bank had also wrongly double-charged the claimant for interest payments. The bank had been successful in enforcing a claim for money which had been guaranteed by the claimant.

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