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Breach of Contract by mortgage company


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I am having problems with a mortgage company. I took out a mortgage several years ago which contained a Cashback element. Since then I have had money problems, fell into arrears and the company now has a suspended order for possession.

 

However, since they gained the order I made a S.A.R (Subject Access Request). The documentation they have provided makes it clear that they had never advanced the Cashback,a fact I had not noticed at the time. I do have a letter from the mortgage company confirming that the Cashback forms part of the contractual funds they were obliged to forward.

 

As I understand it, this means that they had been in breach of contract before I had fallen into arrears and before they had applied for the order for possession.

 

My question is this - if they were already in breach of contract, were they entitled to initiate the claim for possession?

 

Any suggestions gratefully received.

 

Thanks.

 

Stan

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