Unfair overcharging by mortgage company now repossessing

jules36

My mortgage company has over charged me by charging an extra month at the higher rate when my interest rate dropped at the end of the fixed period, this has caused my arrears to go over their threshold and they have started possession proceedings.

This is despite verbal discussions about a payment arrangement and me taking the action agreed on that telephone call and sending in an income and expenditure form. They told me they would agree a repayment schedule upon receipt of this, instead they instructed solicitors who have begun proceedings.

I am paying my regular monthly payments and have started paying down the arrears (£2k) at the offered rate of £100 pm.

This has been made worse by the mortgage coming off fixed rate, so now the same arrears amount is being treated as a greater number of months arrears by the mortgage company and they are penalising me as a result.

I have complained about the overcharging, they deny it and sent copies of my offer letter in support. My offer letter has an example start date 2 months later than the final actual completion date, I have sent in documentary evidence of my offer/terms and my completion, though no response from them. The mortgage company bought my mortgage form the original lender too.

I believe this is unfair because of the overcharging and the calculation of months in arrears, and feel I am being unfairly treated.

I now have to deal with possession proceedings whilst this is all unresolved though i intend to raise it in court.

Anyone have any bright suggestions or advice?

Thanks

broker

Maybe try contacting the financial ombudsman if you are struggling to sort it with the company. If it is just this one payment that is outstanding and you always pay the standard contractual on time on the due date plus extra £100pm to catch up with the one payment then don't worry about repossession as any court will likely just tell you to continue the arrangement or tell the lender to capitalize the outstanding onto the mortgage.

If it is more missed payments than the 1 error payment at the end then that could be a different story.