Bluemonday 3 Unenforceability Diary

[The Tech Clerk]

well do not respond to resolve call just a commission delivery agent! they want you to contact and ask what company and alledged debt it is for - ignore until next step from whoever! i suggest!

[Bluemonday3]

Thank you for that, I have filed it with the rest!

[Bluemonday3]

One of the debts that I have not included on the diary is some arrears to my unsecured loan with my mortgage provider. This was effectively made secure by means of a CCJ and subsequent charging order as Step change advised me not to pay this at the contractual rate as to be unfair to the rest of my creditors.
I was not happy about this and it has lead to arrears of approx £2336, which I paying towards with the full contractual payment (only a small amount approx £10.50 per month)
My mortgage is up to date and has no arrears.
Following a recent change to how my mortgage account and loan are managed, I was advised to make a combined payment.
I raised concerns re this with the mortgage provider as I felt that the extra I pay towards the arrears would not be applied appropriately if the payments were combined.
Long story short is the combined payments has not been applied appropriately and has triggered an arrears letter being sent asking for full payment or to phone to go through an I & E.
I have sent in a written I & E and offer of payment along with a complaint that I thought this would happen.
I am being asked to phone them to discuss offer of payment and to put in place a formal arrangement.
I would rather not do this by phone, I am also being asked to pay by direct debit, where I currently pay by standing order.
Please can anyone advise on this re setting up a formal payment arrangement & how best to handle this?

[Still Waving]

I think you are wise not to deal with this by phone - get everything in writing, and think carefully about everything you write. I would also resist changing from Standing Order, as you have the control over payments this way.

If you have made a formal complaint, they are obliged to follow their complaints procedure, so look it up and familiarise yourself. If you have not made it clear that it is a formal complaint (which they should acknowledge) then probably best to do so.

[Bluemonday3]

Thank you for your reply. I have spoken with a complaints manager who has advised me that they have upheld some of my complaint as I was not given the correct information when I spoke with them to raise concerns about the combined payment initially.
She was very keen to get me to speak with the collections team, even though I pointed out that I have been chipping away at this for the past few years and they have never asked me to formalise this before.
She did say that as I pay by standing order I had made the payment before the date owed and this has triggered the arrears letter to be sent.
She said she could not advise me how to pay but if I pay too early it looks like I have a missed a month?
This is all very confusing as I had been paying on the 3rd of every month for years to give it time to get to my account for the 6th!
This has not been an issue until they started changing their systems.

[Still Waving]

Thank you for your reply. I have spoken with a complaints manager who has advised me that they have upheld some of my complaint as I was not given the correct information when I spoke with them to raise concerns about the combined payment initially.

That is the thing you really ought to get it writing.

As for triggering an arrears letter by paying "early" sounds to me like blowing smoke (and a convenient argument to get you to switch to DD payments). They can get away with spouting rubbish on the phone. If your SO payment was to arrive a day or two after the due date, that would likely trigger an arrears letter.

It seems as if the problem has arisen because of their systems, which again it would be better to get in a written acknowledgment.

[Roger]

That is the thing you really ought to get it writing.

As for triggering an arrears letter by paying "early" sounds to me like blowing smoke (and a convenient argument to get you to switch to DD payments). They can get away with spouting rubbish on the phone. If your SO payment was to arrive a day or two after the due date, that would likely trigger an arrears letter.

It seems as if the problem has arisen because of their systems, which again it would be better to get in a written acknowledgment.

I agree with Still Waving
I would strongly advise you now send a letter refering to this phone conversation (time and date) if you have a name thats even better

Simply write WHAT YOU UNDERSTAND WAS SAID AGREED AND AKNOWLEDGED AT THE PHONE!!

Then send by SPECIAL Delivery

[Bluemonday3]

Thank you both for your replies. I sent my I & E and offer of payment in the post with my complaint letter, it was sent to be signed for and I have checked they have definitely received this.
I can send another letter as you advise to re-iterate this.
I will continue to pay by standing order as I have done for years with no issues.
They have paid me £50 for my complaint but were not allowed to pay this off the arrears when I asked them too.

[Bluemonday3]

My mortgage provider has now shown on my credit report that I am more than 6 months in arrears on the loan attached to the mortgage and this has negatively affected my credit score which has been great for the past few years. I am not looking to take further credit, however I am more than cheesed off that they are now making an issue of it. I have found my documents relating back to the CCJ which ultimately led to a charging order on my house. This came about as Stepchange refused to pay them more than any of my other creditors and the court order states I pay £41 per month as per the DMP, however I have been paying the contractual payment plus £10 per month to the arrears for years.

[Roger]

My mortgage provider has now shown on my credit report that I am more than 6 months in arrears on the loan attached to the mortgage and this has negatively affected my credit score which has been great for the past few years. I am not looking to take further credit, however I am more than cheesed off that they are now making an issue of it. I have found my documents relating back to the CCJ which ultimately led to a charging order on my house. This came about as Stepchange refused to pay them more than any of my other creditors and the court order states I pay £41 per month as per the DMP, however I have been paying the contractual payment plus £10 per month to the arrears for years.

You need advice

@Colin G Quinn

Contact Colin email of phone at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

[Bluemonday3]

Thank you

[Bluemonday3]

I intend to complain as this dropped off my credit report years ago as the CCJ & subsequent charging order was in 2010!

[Roger]

I intend to complain as this dropped off my credit report years ago as the CCJ & subsequent charging order was in 2010!

Which they must have known about AND They are deliberately damaging your Credit Rating! They are abusing this Credit System!!

[Bluemonday3]

I intend to complain, I just never know what’s coming next!

[Bluemonday3]

So I sent in an I & E & offer of repayment with the complaint letter on 9/10/21 & this was signed for on 12/10/21 but I have not received anything in response to this.
However today I have received a letter dated 1/11/21 saying that I have not made a payment. I have religiously paid this by standing order every month.
Whilst I acknowledge the account is in arrears I have not missed a payment since before my DMP 2009.
It seems that I am going to have to call them, which I would rather not do but as they have not acknowledge my first letter I feel I have little choice.
I can't believe that after all these years of having no hassle from them, they are now causing me stress again just because they have changed their systems.