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

[thecornflake]

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.

[alanfromderby]

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!

[thecornflake]

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!

[joneshousehold]

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

[lookinforinfo]

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].

[deemacperth]

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.

[thecornflake]

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.

[thecornflake]

This topic was closed on 10 March 2019.

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