Mortgage arrear, fault of lender?

[snico4]

Hi, I will try to keep this as informative and short as possible.

 

In November we switched our mortage to interest only because my partner was finished up in work. Luckily she has got new employment and we will shortly be swithing back to capital and interest.

 

I received a phone call this morning from my lender, Derbyshire Home Loans:mad:

 

They said I was in arrears and would I be willing to make payment today, I told them I am not in any arrears and only hve to pay this months payment which I did (£390.73)

 

They said that my arrears totalled £390.73, which goes back to January 2008...this is strange considering my new payments are £390.73

 

They have now told me after another phone call that my arrears are for January this year. I made a payment in January this year of £390.73 + £278 arrears I was told I needed to pay which is a total of £668.73

 

I was told today that the £668.73 I paid in January was arrears only and did not include my monthly payment, which is why I am still in arrears of Januarys payment of £390.73

 

Now when I made the payment in January on the phone, the advisor stated that if I pay the £278 plus m monthly ammount I am up to date. So in effect she was totally wrong or lying to me.

 

I made a payment in February of £390.73 and asked am I am up to date again and was told I am

 

So somewhere along the lines THEY have made errors informing me of my mortgage payments.

 

They have told me today that they are going to listen to he phone calls and come to a conclusion, they said they will reverse my credit score! and remove the £25 month charges for last 2/3 months

 

I told them that this is just not acceptable and to make me believe I am to date was a very serious error on their part

 

Can I take this further or do I just accept their reasons etc. I am totally willing to pay any arrear I have, but to be told after numerous calls that i owe nothing and thenhit with this is very frustrating

 

Any help or advice is greatly appreciated

 

Steve

[midge61]

Hi

 

I would write to them, by recorded delivery and ask for a statement of your account from Jan til now to check what they have done.

 

If it is their mistake and they are willing to correct it make sure you get it all in writing so that they can't try it again.

 

If it is a mistake and they are NOT willing to correct it you can go to the FOS once you have been through the companies complaints procedure.

[snico4]

Hi

 

I would write to them, by recorded delivery and ask for a statement of your account from Jan til now to check what they have done.

 

If it is their mistake and they are willing to correct it make sure you get it all in writing so that they can't try it again.

 

If it is a mistake and they are NOT willing to correct it you can go to the FOS once you have been through the companies complaints procedure.

 

Thanks for the quick reply, they have said they are going to send me a break down of the payments and arrears this week.

 

What has really annoyed me is the fact that they told me a couple of times that I had no arrears and then they hit me with this out of the blue.

 

I am willing to pay any arrears and not shy away from them. Their advisors need either retraining or dismissed. They probably laugh and joke about their mistakes on their fag breaks and not realise the stress they cause people

[midge61]

I know how you feel. My mortgage company suddenly decided last Oct that I had arrears from 2006 and started chasing for payment........but couldn't actually tell me when these arrears had occurred!!!!!!

[Last of the Mohicans]

Thanks for the quick reply, they have said they are going to send me a break down of the payments and arrears this week.

 

What has really annoyed me is the fact that they told me a couple of times that I had no arrears and then they hit me with this out of the blue.

 

I am willing to pay any arrears and not shy away from them. Their advisors need either retraining or dismissed. They probably laugh and joke about their mistakes on their fag breaks and not realise the stress they cause people

 

What Midge said re the statement Snico, but I'd be inclined at this point to ask for a COMPLETE statement of account since inception, since this sort of cr*p is where it always begins. Get as much info as you can before it costs you a tenner for a SAR buddy...

[snico4]

What Midge said re the statement Snico, but I'd be inclined at this point to ask for a COMPLETE statement of account since inception, since this sort of cr*p is where it always begins. Get as much info as you can before it costs you a tenner for a SAR buddy...

 

I will await the break down of payments I should receive this week, then hopefully I can go from there.

 

If for some reason I do owe them, I will pay it....but I am going to chase them for a written apology for they way they have handled this.

 

What is this Subject Access Request you mentioned?

 

Is this like a credit referance check?

[midge61]

Hi

 

This is the link to the SAR letter. You must include a £10 cheque or postal order with it.

 

The company then has 40 days to provide you with ALL the data it holds on you. This will give you plenty of bedtime reading but can be very enlightening.

 

It is your legal right to make this request and they HAVE to comply.

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html