We moved into our house in August 03 then in December we received a letter from our mortgage company saying that the DD had been cancelled please fill in a new form and that our next payment was due on 1.1.04. So my husband resubmit a DD form but nothing was collected on 1.1.04 we then received a letter saying that payment had not been received so I sent them a letter stating that SPML had not tried to collect a payment, because it was not showing on my husbands account as refused or gone out I also enclosed my husbands bank statement, received no acknowledgement of the letter just another letter stating they were sending out a debt counsellor. He arrived and I explained it to him that we are completing direct debit forms but nothing was been setup. He then stated that SPML had submitted another DD form to our bank so I telephoned my bank in front of him that said no DD had been setup, I then completed yet another DD Form in front of him and he took it away in between this I sent SPML a cheque for £958 (December and Januarys mortgage). There was £400 charges on the account but I was advised by there Debt counsellor not to pay them as the problem was with DD and not our fault. Thought it was sorted but again February's payment and now March's hasn't gone out. I have again filled in another DD form and requested they take it out on March 22nd 04 with half of febs and then take the rest of febs in April 04 (as during all this my husband lost his job and was out of work for six weeks. They have not replied to my letter instead I get another letter from them requesting £1324.00 arrears (they are not this they are 2 months £958) or they will contact a solicitor. I have telephoned them and requested that the arrears be capped and we pay the arrears each back monthly added on to our monthly payment. They decline this they keep on declining every thing I suggest and also do not reply to any letters when I write, I just get letters from them with no mention of a letter from me. I really feel that the fault is not ours they do not set the DD up but it is us that is been penalised where do I go from here and what are my rights Can they reposses my house for two months arrears when they will be payed back by April 2004 within 2 months). I really need some help Michelle Smith Birmingham

-- Michelle Smith (michelle.smith36@bt internet.com), March 18, 2004

Answers

It seems to me that the mortgagees think you are using some delaying tactics, particularly as you agree that you asked them to capitalise arrears and you also agree that you are two months in arrears which your post suggests you cannot immediately pay.

It will take about 2 months for the process to be fed into the court system at which juncture you will have repossession fees of approx £600 added to your account.

Your best option is to pay back the arrears quickly before it gets to court. In law it is for the debtor to seek out the creditor and pay him/her/them and I fear he problems of the DD will not even enter into it as a defence.

-- David J. Button (davidjohnbutton@supanet.com), March 18, 2004.