Bank broke court order

[snookey]

Please bear with me on this. In Sep last year our mortgage company took us to court over arrears of 11000. The judge agreed that we could pay 50.00 a month off the arrears over three years.

 

In July we get a letter from the mortgage stating that the arrears are no longer and that we are no in credit.

 

Phone mortgage company and we are told that we are indeed in credit. Ask how this is possible informed that a substantial payment in the Dec was paid.

 

Check paperwork no payment was paid in Dec.

 

Phone again, told that they had not taken into account the 100.00 paid by DWP per month when they had calculated our mortgage payment amount.

 

We had been paying 150.00 a month off the arrears instead of the 50.00.

 

Im glad that we no longer have arrears but it makes me mad to think that they took us to court where a judge made an order only for the bank to break it.

 

Do we have a valid complaint against the bank.

[Conniff]

You obviously have more money that you know if you didn't realise that an extra £100 was leaving your account each month for a whole year.

 

I think the bank has done you a favour and see no reason you would need to complain.

 

The figures don't work out either. £50 per month over three years is £1,800 and £150 is only £5,400 neither is anywhere near the £11,000 you say you owe.

[BRIGADIER2JCS]

I agree anyone not noticing that the DWP were paying towards the mortgage is not controlling their financial affairs efficiently and as Coniff says there are no ground for complaint.

[snookey]

Thanks for the replies and I meant eleven hundred not eleven thousand. As for not noticing we had trusted the bank to deal with our account properly.

 

As for dealing with my financial affairs the bank has also been made aware that Im bi polar and frequently ill. My partner is also disabled.

 

 

Now to get to the point the bank has broken the court agreement and we do not have tons of money coming in so the fact that we were left to struggle should mean we have a valid complaint against the bank.

 

The dwp pay direct to the mortgage not into my account. The agreement we stuck to was what the bank said we had to pay after the dwp payment was added.

[Conniff]

What do you want to come out of this complaint ?

[BRIGADIER2JCS]

Personally I can't see that the bank has in anyway breached the judgement order, possibility of a complain to DWP if you were not made aware of the departments contribution, which does seem unlikely.

[snookey]

What do you want to come out of this complaint ?

 

The first person we spoke to regarding the issue said a substantial payment had been made in Dec so he lied. So Id like an explanation as to why.

Secondly if we had broken the court agreement the bank would have soon noticed and took the house. Why then had the person handling our account not noticed the mistake when our payment amount was calculated.

 

As you can see the amount we owed was not massive and even the judge was shocked that they had brought the case to court. We had tried to sort things with the bank regarding payment of the arrears and had got no where. Also it was a case of the dwp paying the interest late and then cocking up by not paying for months on end. The dwp would not talk direct to the bank and the bank to the dwp.

 

The rep for the bank apologised to the judge about not having all the paperwork with regards to the case so really the case should have been thrown out. We also have had his fees added to the mortgage.

 

As Iv said Im glad the arrears are gone but the amount of stress we have been under to make sure this payment was met and the fact it should have been a much lower amount needs to be addressed.

We have two children also who have had to go without when the bank were taking that extra money per month.

Yes we were aware that the dwp made payments but the bank told us the amount we had to pay after they had said the dwp had been calculated.

[Conniff]

That's a better explanation snookey.

 

You should write to the bank using recorded delivery and head it as 'Official Complaint' and request an explanation of how it happened and request a full apology.

 

You might also mention that if it had been the other way around, they would have quickly jumped onto you and gone back to the court for possession.

 

Was the possession order granted ? (it usually is but suspended). If it has, make sure it has been cancelled.

 

I really do hold banks in the lowest category of companies, even lower than pay day lenders or private parking companies. They have no interest in you except to see how much they can make from you and don't seem to care how they do it.

[snookey]

Coniff thank you for your reply. I will indeed write a formal letter of complaint to the bank. Sorry for the first post not explaining things properly.

 

The order was suspended. When we asked about having this reversed the bank said they can keep it for up to 12 years.

[Series3]

the DWP sometimes pay a large amount in one payment.

this is because they backdate you claim and when sorted make a payment.

Also when you pay your mortgage for a few more months you can ask for the order to be taken off.

Why bother complaining?