Help with unreasonable mortgage co after suspended possession order

[scedminc]

Hi, Can you someone please please point me in the right direction with the following.

In January this year Preferred Mortgages one a case to gain a suspended repossession order against me (this would have been earlier but they forgot to turn up to court the first time). I am currently paying £578 regular monthly payments plus £150 for arrears over the next 24 months. A couple of day after leaving court i called Preferred or should i say Capstone and asked them to setup a direct debit to suit as my previous one was cancelled. They agreed however come the first payment in February i received a letter shortly after stating that the payment had not gone out and charged me £30. A couple of days later again i received another letter stating that as i had not kept to the terms of the suspended order they are adding yet another £45 to my account now totalling £75. I promply made payment by debit card and expressed my concerns. They said they had not setup the direct debit in time and said it would be ok for the next month. Guess what, yep next month came and the same happened with another total charges of £75. Again i paid by debit card and was very concerned that again they had failed to do anything. I spoke this time to a lady who was confusing herself more and more by trying to explain something she was making up as she went along. I then asked to speak to a supervisor so she hung up. I called back and managed to speak to a supervisor and they apologised saying that no-one had setup the direct debit and she would ensure it was done. No problem you would think. Along comes this month and so it happens again. Now i am really angry with yet another £75 charge. This time i have not paid up as of yet as my letter is asking me to pay only £371 as this is all i owe this month. I query this and am told the computer thinks ive paid too much previous and again end up speaking to an advisor that is really not making any sense. By the way they claim my bank bounced the direct debit back this time as refer to payer but my bank have not record of this. Anyway i asked to speak to the supervisor but suprise suprise they have not record of me speaking to one. Anyway i have the name now so will call back.

Sorry for being so long winded but this is an absolute nightmare and no one seems to no what i can other than it is my repsonsibility to make my payment. I feel that i am now being discrimminated against and treated unfairly. Does anyone know whether i would have a claim to go back to court and put forward my case and claim cost for stress, phone calls for 1hr plus each and charges etc, etc. I would be looking for compensation in the region of the arrears approx £5000 to teach them a lesson that they canot treat people like this?

Sorry again for going on but all help appreciated.

[Bona]

OK dont ring them put everything in writing send it recorded delivery and photo cpy any payments you make then if they keep it up complain to the FSA and see what happend.

[Ell-enn]

Hi there, write and ask them for the account details needed to set up a standing order with your bank, that way you are in control and the payments will be made each month by your bank. In the letter you should list in date order exactly what has happened since you asked for the direct debit to be set up, include details of conversations you had with them and any letters regarding charges etc you have received.

When you send the letter make sure it is by recorded delivery and check on the Royal Mail website a few days later to make sure they have received it. Print off the receipt and keep with a copy of the letter you sent in case you need to prove it at a later date. It might be best to ring and check the correct address and also get a name to address it to.

Also in the letter ask for a copy of their formal complaints procedure.

If you have to go back to court at any time this will prove you have been trying to get the payment situation sorted out and that it is their inefficiency that has caused the problem.

Kind Regards

Ell-enn

[tonycee]

Hi scedmic..

You need to put this into perspective as you have a court order against you..

Pay whatever your monthly payments should be, plus what you agreed in court..

Put everything in writing to your mortgage provider, and deal with things with a clear head..

We can help you to reclaim your charges, but compensation ?, you said it yourself, its YOUR resposibiity to make sure that payments are made on time..

Let us know what you want to do.

Good luck.

[scedminc]

Thanks for your advice everyone on this. I didnt think id have a chance with claiming compensation but it doesnt hurt to ask. I would be more than interested in knowing how to claim back back my charges as i feel this would remove a good chunk of my arrears so any advice would be great on how to do this. Also just wondered if i am correct in thinking i am no in arrears with my suspended repossession order until i have missed a complete month i.e my payment is due on the 1st of each month and i must make payment before the 1st of the following month?

Thanks again.

[tonycee]

Check what is says on the suspension paperwork.

If you have agreed to pay on a certain date, then technically, if you dont pay on, or before that date, you will have breached that order 24 hours later.

Have a read through this

Mortgages FAQ

and let us know when you are ready to start.