Pending Eviction - Date not yet recieved

[emz1985]

Hello im aftyer some help and advise

 

I have recently been in court in regards to Halifax taking possession of my property (court date was 24th April) the suspended the repossession on the grounds that payment of my monthly mortgage £412.90 plus an additional £60 towards the arrears which is due to be paid on 28th of everymonth, this is perfectly affordable with us and we have no problems making these payments.

 

For some unknown reason our payment did not clear from our bank account on 28th April even though funds were available, we received no correspondence from our bank advising the payment did not clear and neither did we have any correspondence from Halifax advising they had not received they monthly payment, I found this out only by receiving a letter from Ascent legal advising Halifax had advised them to proceed with enforcing the warrant for possession, I made the payment of £472.90 on 12/05/2014 which is the day I found out the April payment had not been processed, I have spoken with Halifax and advised the situation only to be told that there eviction team/ litigation team would not speak with me until and eviction date had been set.

 

We have no issues what so ever in keeping to the monthly payments plus the extra towards the arrears it is completely affordable to us I am starting to get a little stressed that I will have to go through the whole court process again:|

 

Has anyone got any advise of what I can do ? could I write to the Halifax ? Halifax have confirmed that they have received the payment which was sent yesterday.

[emz1985]

Any advise would be useful

[ims21]

Hi and welcome to CAG.

 

Please bear in mind that the guys here do have day jobs and other commitments.

 

Your thread will get seen and the guys will help you as soon as they are available.

[rebel11]

Hi emz1985

 

Welcome to CAG

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened, how they have let you down and what you want them to do. The Halifax are breaching BCOBS principals by taking the action they have taken, quote BCOBS in your letter, the following principals are being breached:-

 

A firm must pay due regard to the interests of its customers and treat them fairly.

 

A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.

 

A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.

 

http://www.consumeractiongroup.co.uk/forum/content.php?849-BCOBS-Round-up-Making-your-bank-treat-you-failry

 

Send it to:-

 

Mr David Nicholson

Managing Director

Halifax UK

[email protected]

 

In the meantime if a 'eviction' date is set, comeback to us as a matter of urgency.

[emz1985]

Hello,

 

Many thanks for your response, where would I be able to find a layout template for this letter would you know ? Is it possible for me to write this letter and have it checked by someone in order to advise I have wrote it correctly ?

 

Thanks

[rebel11]

Hi emz1985

 

There isn't a template, in your post you explained 'whats happen' that's the first part of your letter, the second part of your letter goes into 'how they have let you down', the money wasn't debited when it was there and lack of information notifying you that the payment had bounced and go on to explain that they have breached BCOBS.

The following would be fine:-

 

I would point out that because Halifax are regulated by the Financial Conduct Authority, that Halifax has to adhere to a set of legally binding key principles laid down in the Banking Conduct of Business Sourcebook (2009):-

 

A firm must pay due regard to the interests of its customers and treat them fairly.

 

A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.

 

A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.

 

And finally explain what you want them to do.

 

 

Hello,

 

Many thanks for your response, where would I be able to find a layout template for this letter would you know ? Is it possible for me to write this letter and have it checked by someone in order to advise I have wrote it correctly ?

 

Thanks

[emz1985]

I have wrote my letter, would it be best for me to email this across or to send it through the post ?

[rebel11]

Hi emz1985

 

I would email it, if you use your account number, just use the last four digits, e.g. XXXX3765

 

I have wrote my letter, would it be best for me to email this across or to send it through the post ?

[Ell-enn]

Hi, you say your payment on 28th April didn't clear - What arrangement for payment of the monthly amount did you make after the court hearing? did you fill in a new direct debit? or were you going to pay over the internet?

[emz1985]

Not a problem, I have emailed this over, just hope I receive a response otherwise im stuck on what to do next

[emz1985]

it was set up with my bank as a standing order which I checked and double checked was correct, funds were available in my account but the standing order did not get processed, I was not given any form to set up a direct debit by Halifax ? neither was I sent a form via post from them after the court hearing.

[emz1985]

I have received a response in regards to my complaint and have been advised that this has been forwarded to the relevant department and that they will respond accordingly.

[rebel11]

Hi emz1985

 

Let us know what they say.

 

I have received a response in regards to my complaint and have been advised that this has been forwarded to the relevant department and that they will respond accordingly.

[Ell-enn]

Have you asked your bank for an explanation of why the funds were not sent out on the due date? You should ask your bank for a letter of explanation so you can forward to the lender to prove what you are saying is true

[emz1985]

I have asked for this and the bank our sending this to me they have advised that the date was incorrect on the standing order !!, I am now beginning to worry and stress about this situation !! as soon as I found out this payment was not paid I ensured this was paid an Halifax have advised they received the payment, what should I do, is this a simple mistake that will result in us loosing our home ??

[emz1985]

does anyone have any advice ??

[rebel11]

Hi emz1985

 

Try not to worry, I've flagged it up for Ell-enn.

 

I have asked for this and the bank our sending this to me they have advised that the date was incorrect on the standing order !!, I am now beginning to worry and stress about this situation !! as soon as I found out this payment was not paid I ensured this was paid an Halifax have advised they received the payment, what should I do, is this a simple mistake that will result in us loosing our home ??

[caro]

does anyone have any advice ??

 

You will not lose your home. You've made the payment now, and although not ideal that it was late, nonetheless it has been paid, so no judge in the land will let you lose your home due to an administration error. When you get the letter from the bank confirming the date was wrong, send a copy to Ascent and Halifax, and ask for the eviction to be stopped. The very worst that can happen is that they go to court for an eviction, and you had to attend and show the judge you've paid. Frankly they'd be daft to let it get that far.

[rebel11]

Thanks Caro.

 

You will not lose your home. You've made the payment now, and although not ideal that it was late, nonetheless it has been paid, so no judge in the land will let you lose your home due to an administration error. When you get the letter from the bank confirming the date was wrong, send a copy to Ascent and Halifax, and ask for the eviction to be stopped. The very worst that can happen is that they go to court for an eviction, and you had to attend and show the judge you've paid. Frankly they'd be daft to let it get that far.

[emz1985]

Thanks Caro.

 

Thank you, what will be the outcome of the complaint letter I sent them would this of made it worse ? Should I write a letter to Ascent & Halifax advising all the above regarding the error with copies of my bank statement showing the payment ?

[rebel11]

Hi emz1985

 

You still have a legitimate complaint, yes there was a date error, but 'why didn't they tell you that the Standing Order had failed?'

 

I would wait until you get a response on your Complaint. They have the Standing Order details.

 

Thank you, what will be the outcome of the complaint letter I sent them would this of made it worse ? Should I write a letter to Ascent & Halifax advising all the above regarding the error with copies of my bank statement showing the payment ?

[caro]

I don't see how your complaint letter can make it worse. You'll have to wait and see the response. Halifax should be aware of the payment but I think your idea is a good one. Perhaps to ease your stress and save time you could email the info.

 

Please try not to worry.

[caro]

Hi emz1985

 

You still have a legitimate complaint, yes there was a date error, but 'why didn't they tell you that the Standing Order had failed?'

 

I would wait until you get a response on your Complaint. They have the Standing Order details.

 

I'm sorry I missed this as I think we were posting at the same time. Obviously the decision is emz, but I just think it's important to deal with the eviction issue as promptly as possible.

[rebel11]

Hi Emz1985

 

If you want to send a letter with a copy of your statement to Ascent & Halifax, it won't do any harm, that way you've covered all bases.

 

'Should I write a letter to Ascent & halifax advising all the above regarding the error with copies of my bank statement showing the payment ?'

[emz1985]

Hi Emz1985

 

If you want to send a letter with a copy of your statement to Ascent & Halifax, it won't do any harm, that way you've covered all bases.

 

'Should I write a letter to Ascent & halifax advising all the above regarding the error with copies of my bank statement showing the payment ?'

 

Thank you for all the advice given, I think I will write to ascent & halifax and attach a copy of our bank statement showing the payment I made on the 12th an also a copy of the standing order which had also been set up, when I previously had problems both ascent & halifax demanded full arrears to be paid that's what's worrying me now that they will demand the same again