Can my mortgage company actually do this?

misselle_2

Really hope someone can help me, at the moment i'm sitting in floods of tears after a conversation with these complete idiots. In may due to my financial situation I missed my monthly payment to accord of just under £500. With the help of CAB since accord wouldnt give me the time of day i managed to negotiate a payment plan with them and started paying £50 a month extra to them in order to pay off my arrears.

All was fine until December.I had to change bank accounts due to owing money to my bank and being scared they would raid my wages. I contaced Accord and told them this and that I needed to Cancel the direct debit and set up a new one. The stupid women I spoke to point blank refused to do this as the idiots had set the direct debit under my partners name dispite it being my bank account which he isnt named on.

We are joint for the mortgage but have separate bank accounts. she said she couldnt do it until she spoke to my partner. Now this wasnt going to be possible since he was in Newcastle at his mothers bedside whilst she was seriously sick Intensive care and he was in no state to deal with this.So worried that they direct debit would bounce I cancelled it and paid the money by standing order on the 30 December so that it would get to them in time for it being due on 2nd January.

I even paid a bit more compared towards the arrears since I had been given some christmas money.Didn't think anymore of it until I came home from work on the 9th Of January to find a letter from them telling me that I had missed my January payment. I phone them up and they said oh its fine the letter is a mistake we recieved your payment by standing order on the 30th of December just ignore the letter.

So i did until I came home yesterday to find a voicemail for their collections deparment telling me to contact them urgently which i just have. Basically what they are stating is that because I paid on 30 December instead of 3rd January they have allocated all of my payment to the arrears which meant I had an overpayment and when they didnt recieve the payment on 3rd Janaury I had then missed a month payment and so I now have arrears of just under 300 for January.

Now clearly these people dont use common sense either that or I have gotten eveything wrong.The worst thing is i've been trying to clear the arrears before may as our fixed term deal finishes in Feb as so we need to pay an extra £120 ontop of what we do now and cant get a new fixed term deal until we have had 12 months of consectuive payments which would have been may.

Now they have just told me I need to wait until January 2013 before I can get a new deal. There is no way I can afford to pay that much extra until then, we would just be surviving until May so we could ger a lower deal.I've tried explaining that the payment on 30th December was for Januarys mortgage and the extra was towards the arrears but it makes no difference.

To Rub salt into it they then admit that they have made a mistake with my payment plan and put it in place for 3 months instead of the 6 that it should have been. I don't know what to do next. I fully intend to write a letter of complaint to them but i'm so angry I barley know what to say. There is no way I can go until January for a new fixed term deal when this is their fault. No other company will touch me because of credit history so i am stuck with accord.

Does anyone have any advice as to where I can go from here?

RenovationMan

Did you inform the lender that you were going to pay the monthly mortgage payment via standing order rather than direct debit?

IIRC, if the mortgage is joint then the lender can only change repayment details if they receive authorisation from all parties.

What made you worried that your bank would raid your wages, did they inform you that they intended doing this?

MagicCats

misselle wrote: »

Really hope someone can help me, at the moment i'm sitting in floods of tears after a conversation with these complete idiots. In may due to my financial situation I missed my monthly payment to accord of just under £500. With the help of CAB since accord wouldnt give me the time of day i managed to negotiate a payment plan with them and started paying £50 a month extra to them in order to pay off my arrears.

All was fine until December.I had to change bank accounts due to owing money to my bank and being scared they would raid my wages. I contaced Accord and told them this and that I needed to Cancel the direct debit and set up a new one. The stupid women I spoke to point blank refused to do this as the idiots had set the direct debit under my partners name dispite it being my bank account which he isnt named on.

We are joint for the mortgage but have separate bank accounts. she said she couldnt do it until she spoke to my partner. Now this wasnt going to be possible since he was in Newcastle at his mothers bedside whilst she was seriously sick Intensive care and he was in no state to deal with this.So worried that they direct debit would bounce I cancelled it and paid the money by standing order on the 30 December so that it would get to them in time for it being due on 2nd January.

I even paid a bit more compared towards the arrears since I had been given some christmas money.Didn't think anymore of it until I came home from work on the 9th Of January to find a letter from them telling me that I had missed my January payment. I phone them up and they said oh its fine the letter is a mistake we recieved your payment by standing order on the 30th of December just ignore the letter.

So i did until I came home yesterday to find a voicemail for their collections deparment telling me to contact them urgently which i just have. Basically what they are stating is that because I paid on 30 December instead of 3rd January they have allocated all of my payment to the arrears which meant I had an overpayment and when they didnt recieve the payment on 3rd Janaury I had then missed a month payment and so I now have arrears of just under 300 for January.

Now clearly these people dont use common sense either that or I have gotten eveything wrong.The worst thing is i've been trying to clear the arrears before may as our fixed term deal finishes in Feb as so we need to pay an extra £120 ontop of what we do now and cant get a new fixed term deal until we have had 12 months of consectuive payments which would have been may.

Now they have just told me I need to wait until January 2013 before I can get a new deal. There is no way I can afford to pay that much extra until then, we would just be surviving until May so we could ger a lower deal.I've tried explaining that the payment on 30th December was for Januarys mortgage and the extra was towards the arrears but it makes no difference.

To Rub salt into it they then admit that they have made a mistake with my payment plan and put it in place for 3 months instead of the 6 that it should have been. I don't know what to do next. I fully intend to write a letter of complaint to them but i'm so angry I barley know what to say. There is no way I can go until January for a new fixed term deal when this is their fault. No other company will touch me because of credit history so i am stuck with accord.

Does anyone have any advice as to where I can go from here?

What a awful situation Best advice is to wait out on here, and also post the same over on consumer action group. They have sub forums with individuals (some professional) who can advise on what the legal standpoint is, and the best way to move forward.

Good luck.

misselle_2

Basically, I had to default on my loan I had with my bank and their solicitors have informed me that they will take any funds from that account in order to pay what I owe, as my payments aren't metting my contractual payment so CAB advised that I change banks in order to protect my monthly wage so that I can continue to make payments to my mortgage and other things which I owe.

I did inform Accord I would pay it by standing order and it was them who provided the details in order for me to pay it.

RenovationMan

misselle wrote: »

Basically, I had to default on my loan I had with my bank and their solicitors have informed me that they will take any funds from that account in order to pay what I owe, as my payments aren't metting my contractual payment so CAB advised that I change banks in order to protect my monthly wage so that I can continue to make payments to my mortgage and other things which I owe.

I did inform Accord I would pay it by standing order and it was them who provided the details in order for me to pay it.

It sounds like you did everything right and it's Accord's mistake, though I think you'll struggle to get your money back from them unfortunately.

misselle_2

to be honest I owe them money and have been paying it up in accordance with the payment plan that they agreed, the only difference is I didn't pay by direct debit however I informed them that it would be standing order instead.

It is their mistake the payment plan was that I would pay 530 a month for which 480 would be my normal monthly payment and 50 would be for the arrears. They have now broken this, they didnt allocate my payment correctly all because they didnt set up my payment plan for the 6 months as agreed.

I just want them to admit they have made a mistake and allocate the payment as it should have been and that would mean that I haven't missed Januarys payment like they are claiming.

i'm tempted to trying to speak to them on the telephone again however if i do i'm thinking of recording the conversation as I don't trust a single word they say.

Oneday77

The confusing thing here is they created a DD in you OH's nam eon your account, then wouldn't cancel it unless he spoke to them. That isn't possible if his name isn't on the account.
Rather than phone them put all the facts in writing, send it to them by recorded delivery, explain that any replies must be in writing, that you want to make it a formal complain and what are their procedures.
That way you can keep it all factual and do it at your pace.

It may be worth popping over to the Debt Free Wannabe board and get some advice to see how you can adjust your budget also, they are a friendly bunch.

Thrugelmir

Oneday77 wrote: »

The confusing thing here is they created a DD in you OH's nam eon your account, then wouldn't cancel it unless he spoke to them.

Is the mortgage a joint one with your partner?

misselle_2

It is a joint mortgage with my partner.

We didn't even realise that they had set up the direct debit in his name until I phoned to try and cancel it and they refused. We got the mortgage through a broker in the first place and Accord claim that it was my partners name that the broker put on the direct debit forms but convient that they can't find a copy of them.

Thrugelmir

So why can't your partner stop the direct debit?

getmore4less

This is a minor issue

You have serious financial issues that need dealing with.

post a SOA

http://www.makesenseofcards.co.uk/soacalc.html

on debt-free wanabe

http://forums.moneysavingexpert.com/forumdisplay.php?f=76