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URGENT - Not directly related to unlawful charges but...


thecornflake
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This isn't really related to the unlawful charges stuff but a lot of you lot now have extensive knowledge of the laws that cover banking. If this is in the wrong thread please move.

 

I remortgaged a couple of months ago with the same mortgage provider (also my bank). My fixed rate period ended so I was offered a switch to another fixed rate. Sent back the paperwork and thought that was that.

 

So last month, no mortgage payment goes out. Being very short on money, I figured I would leave it and see what would happen.

 

Letter arrived today -

 

--------------

 

Mortgage Arrears £xxx.xx

 

It has been brought to our attention that your direct debit was unable to claim for 22 April due to a technical error. Please contact us on the above telephone number to discuss this matter further.

 

We confirm the next direct debit is due to claim on 22 May.

 

Please accept apologies for any inconvenience caused.

 

-------------------

 

I wanted to check before calling them as I'm not entirely sure what my legal standing is here. Clearly they messed up somewhere and didn't take the money.

 

Do I have to pay the arrears? I'm not sure exactly what the law would be regarding them not taking payment. I know if they pay me money by mistake I have to pay it back.

 

I could really do with some advice quickly as I need to call them soon to get it sorted out.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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At the end of the day your mortgage still accrued interest, and the payment was not taken from you. I would say that you would have to pay the two months, or face late charges........of course that is another topic!

Alan, Derby, UK.

 

 

 

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Yeah, I guessed I would have to pay it but I thought I'd check just in case. Shame I can't sue for breach of contract - negative cost to me really!

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Whether or not you could sue I would certainly create a storm if they tried to charge me a late payment charge for their mistake.

 

Get on to them and make sure they understand, it's their mistake and if they are really good and treat you very nicely you won't complain to the Ombudsman but you do expect not to be charged any fees (and extra interest if you can swing it).

 

The monthly payment is however still due so make sure you can pay it. That doesn't stop you saying that you can't pay (if you can't) because they have left you in a mess and asking for some preferential terms to pay it back. It might be worth a try if you have them on the back foot.

 

Good luck

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Sounds like they maybe forgot to get you to fill up a new direct debit, or they

forgot to set it up. You have had a result for a couple of weeks. You could try and

play the innocent by saying that you has assumed they had taken your money on the due date and this has come as a bit of a blow since although you have

sufficient to pay the 22nd April, the 22nd May coming so quickly after could/would

be a problem.See if you can get them to push back the May payment or not charge

you for not being able to pay it on the due date.

As it was their mistake, and your claim that it could cause you embarassment,

may lead them to push all your future payments back a week or two [if that

would help you].

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I think if you go in with all guns blazing they'll tell you to stuff off.

 

Be honest, apoloigise, say you hadn't realised and what had happened? Get them to admit it was their fault and then explain you are a little short now, what can they do?

 

You'll find they might defer a payment. They do have the authority to do this, don't let them tell you otherwise.

If the name of the claim is blue and underlined, click it to see how I did it.

  • Halifax - 1st Request for £3748.80 sent 10/06 Settled in full and 5% donated


  • Goldfish - Unable to comment further, have a read


  • Lloyds - Data Protection Act sent 19/04 1st estimated request for £1500 sent15/08 LBA sent 08/09


  • Carphone Warehouse - Data Protection Act sent 19/04 Chased 04/07 ICO complaint 18/07


  • First National - 1st Request for £280 sent 05/05 Settled in full and 5% donated


  • Yes car credit - LBA sent 19/07 Court Action launched 26/09


  • HFC Bank - 1st Request for £100 sent 06/06 Settled in full and 5% donated


Like what I said? Hit the scales on the top right of my post. Cheers

 

Disclaimer - By giving advice, I am not putting myself across as a legal expert. Always seek professional advice.

Help the site, donate 5%, I have.

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I'm going to phone them at the weekend, and explain that I assumed the money had gone out, or that there was a gap in payments due to the change over of mortgages.

 

Hopefully they will be reasonable about it, and they haven't charged anything for it yet so that's good. Thanks for all the advice.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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