Feeling Bullied & Harassed by my Mortgage Lender

Arrianna

post deleted 

ManyWays

Who is this mortgage lender? 
Is your income still very low?
You have a very small mortgage left, have you considered selling the house and moving somewhere a bit cheaper? Or do you have a spare room you can let out?

MattMattMattUK

Arrianna said:

Hi, 

I really don’t know what I should be doing, what I’m doing wrong or how to get back on track. I’ve recently received a letter from my mortgage lender stating that they will be charging me solicitors’ fees… which have as a result doubled the amount that I have in arrears.
 

I had an agreement to pay a set amount plus my monthly mortgage payment. I have been keeping to these payments. I even found the funds to pay extra to bring the areas within (what I was told) the litigation criteria, my understanding was that this would halt further arrears letters… yet the letters continue.

I’m not coping with all of this very well, I suffer from depression & my head is spinning trying to plan what to do next & for the best. I’m trying really hard not to give up.

I’ve been on this site before & found the help really useful. I wondering whether anyone here has the patience to help me step by step sort things out & come up with a plan. My depression means at the moment I’m struggling to focus & I can get overwhelmed, however I find it easier managing written instructions that I can work through. 

I would like (& I’m wondering whether this is the best/ right thing to do) is to put in a complaint to my mortgage advisor as I have been keeping to payments as previously requested & paying a bit more than requested towards my mortgage payments.

Any helpful or kind thoughts would really help - thank you! 

Have you been meeting your monthly mortgage payments but have a historical amount in arrears, or is the amount in arrears increasing each month?

MattMattMattUK

Arrianna said:

Have you been meeting your monthly mortgage payments but have a historical amount in arrears, or is the amount in arrears increasing each month?

Yes I have been paying my monthly mortgage payments & a little extra towards these, plus the agreed arrears amount payment.
I have historical arrears. But the amount was going down until I’ve been charged solicitors’ fees!

Ok. How long has the amount been in arrears for, has it recently passed a threshold, a year, two years?

Arrianna said:

Yes I have a small amount left on my mortgage with under 2 years left to pay. 

Is that two years for the original term, or two years extended because you missed payments?

ManyWays

Will you clear the arrears within the remainder of the mortgage term? 

beckstar1975

When you say 1 year 7 months that's not until you've paid off the mortgage? Just until your current rate ends?

How much do you owe of the'normal' mortgage and how much arrears? 

Brie

Has your depression been documented by a medical professional?  With perhaps counselling or medication?  Or simply on your medical records?

Given the impact Halifax's letters are having on you I might suggest you get someone at the surgery who knows of your condition to complete a Debt and Mental Health Evidence Form. Submit this to Halifax and state you need them to back off on the escalation of threatening letters.  Please note that the British Medical Association has stated that any medical professional is NOT allowed to charge for completing this for you.

Debt and Mental Health Evidence Form. StepChange

sourcrates

Halifax, big company, lots of little cogs within bigger wheels, so many departments that don`t always know what the other is doing, don`t feel bullied or harassed, its simply business, and what they are doing is in line with the mortgage agreement you signed.

So try appealing on the basis of fairness, my advice is this, write a letter of complaint, advise them you realise you have arrears to service, but you are maintaining your contractual repayments, plus an agreed amount monthly to pay down your arrears.

Tell them you understand they are allowed to charge you legal fees for being in arrears, but in this instance you believe them to be unfair, and unaffordable, as you are trying your hardest to pay back the payments you missed, as soon as you possibly can, but by adding these extra fees, the Halifax is making this job that much more difficult for you.

Ask them if they would consider removing these fee`s as a gesture of goodwill, to aid you in your goal to catch up with your payments, as by adding these charges, it just makes that job very much harder.

Be upbeat, be nice, try not to be rude or angry, ask nicely and you never know, if you don`t ask, you don`t get.

ManyWays

It isnt clear to me why Haliax would be trying to add on legal charges if the repayments you are making would clear the mortgage by the end of the term.

I think you need to talk to a good debt adviser that can help you look at this in detail. I suggest Business Debtline, who provide advice on both business and personal debts to the self-employed. If Halifax are behaving unreasonably, then they will suggest how to complain in the most effective way. https://businessdebtline.org/

sourcrates

Arrianna said:

Are they allowed to charge me fees for being in arrears, particularly when I am keeping to their agreement which their solicitor asked for, I would understand if I was not paying etc… don’t fees have to reasonable? 

How much have they charged you ?

This from their website:

Name of charge	When you will pay this charge	What this charge is for	How much is the charge?
Litigation management fee	If you are unable to pay your mortgage	What this charge is for If we instruct solicitors to collect arrears or seek possession.	£100

RAS

Have you asked about this on the mortgage Forum here. Might be better to get the read moved?