santander asking for 1 missed mortgage payment from 9 years ago

yettibear

hi can anyone help me, my mortgage was with bradford and bingly (now santander) last week i had a letter saying i had recently missed a mortgage payment , thought this strange as i pay direct debit after ringing them i find the recent missed payment was in 2002 !!!!! i payed half of the arrears there and then and said i would pay the other half next month. Since then someone has told me they cant claim the missed mortgage payment if it is over 7 years old . Is this true and what can i do now.

hansi

Could only happen with Santander:mad:

marywooyeah

a debt becomes statute barred after 6 years pursuant to s5 of the Limitations Act 1980. Quote that to them and you shouldnt have any problems

Conrad

Yetti - I want to not pay you your full wages one month. 9 years later you spot this as never having been paid. Would you be happy if I were your employer and stated it was long ago so go take a hike?
You signed a contract stating ALL payments will be made on time in full. You did not sign one saying 'ah bless, you can miss one now and then, we wont mind'.

Sorry mate, just the reality. Do the decent thing and demonstrate your word is your bond.

Svenena

Correct me if I'm wrong, but I don't think statute-barred would necessarily apply here, as the debt (mortgage) is still being serviced. If the mortgage had been cleared, except this one payment, over six years ago, it might be statute-barred, but as it is, it's just a really late payment.

OP, have you checked the payment was definitely missed? If you don't have statements going back that far, I'd ask for proof - Santander may have made a mistake (they're not known for their stellar service). Request that they send you details by post. If it really is outstanding, I think you'll have to pay up, and think yourself lucky you don't have any late payment charges to pay!

HTH

Radiantsoul

Svenena wrote: »

Correct me if I'm wrong, but I don't think statute-barred would necessarily apply here, as the debt (mortgage) is still being serviced. If the mortgage had been cleared, except this one payment, over six years ago, it might be statute-barred, but as it is, it's just a really late payment.

No need to correct you as you are right.
Secured debts are pursuable for 12 years anyhow.

GMS

Even if the missed payment was 9 years ago the account will still be in arrears if it has not been brought up to date.

A missed payment of £200 in June 2005 for instance if not paid will mean the account will be £200 in arrears today (possibly more if arrears management fees are applied). In this instance a £200 payment in July 2005 would clear the June arrears, but then leave July in arrears, and so on.

The payment will not disappear as every payment since has cleared the arrears from the month before.

getmore4less

What do your mortgage statements show?

Did you miss a payment or not?

Ask for a full breakdoen of the mortgage from the start showing this mising payment.

Might as well get them to prove there is a missing payment.

Also ask for copies of the letters letting you know there was an issue.

The meortgage should have resheduled itself at the annual reiew, or some other event that causes a recalculation(often interest rate change or large overpayments).