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Mortgage Payment Holiday Together Money (BLEMAIN)

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  • Mortgage Payment Holiday Together Money (BLEMAIN)

    HI,

    Prior to Lockdown I was £3,500 in arrears with my mortgage (2 months) I applied to my lender Together (Yes I know a big mistake) for a payment holiday of 3 months (this was extended to 4 months) I agreed that I would pay the arrears off in full which I did, and I have also recommenced repayments on the account in July as agreed. I also paid an extra £100 as I wanted to keep the account in front.

    Yesterday I received a letter from Together saying I was £4265.57 in arrears and that possession action would follow. On querying this Together said and I quote

    In accordance with government guidelines, Together placed your account into a ‘Payment Deferral’ this essentially capitalised any arrears which accrued during the period of the deferral. Any payments that you made towards your account during the deferral period must go against the payments that were capitalised. The guidance further states that the Payment Deferral period cannot be used to correct or improve an arrears position on the account. Therefore, the arrears that are stated within the letter dated 23 July 2020 are the arrears that accrued before the Payment Deferral period began. Your arrears currently stand at £4,265.57.'

    So basically, despite paying off the arrears and restarting repayments I now find myself further in arrears than I was prior to lockdown and the agreed payment holiday. (capitalisation)

    Is this correct, and does anyone have a copy of the Government guideline to which they refer?

    Thank you.
    Tags: None

  • #2
    Originally posted by Sickofbullies View Post
    HI,

    Prior to Lockdown I was £3,500 in arrears with my mortgage (2 months) I applied to my lender Together (Yes I know a big mistake) for a payment holiday of 3 months (this was extended to 4 months) I agreed that I would pay the arrears off in full which I did, and I have also recommenced repayments on the account in July as agreed. I also paid an extra £100 as I wanted to keep the account in front.

    Yesterday I received a letter from Together saying I was £4265.57 in arrears and that possession action would follow. On querying this Together said and I quote

    In accordance with government guidelines, Together placed your account into a ‘Payment Deferral’ this essentially capitalised any arrears which accrued during the period of the deferral. Any payments that you made towards your account during the deferral period must go against the payments that were capitalised. The guidance further states that the Payment Deferral period cannot be used to correct or improve an arrears position on the account. Therefore, the arrears that are stated within the letter dated 23 July 2020 are the arrears that accrued before the Payment Deferral period began. Your arrears currently stand at £4,265.57.'

    So basically, despite paying off the arrears and restarting repayments I now find myself further in arrears than I was prior to lockdown and the agreed payment holiday. (capitalisation)

    Is this correct, and does anyone have a copy of the Government guideline to which they refer?

    Thank you.
    Sorry, wait , what? If you paid the arrears, then the account is up to date at the point of the holiday which means the term of the loan is then effectively extended by 3 months. That is my understanding
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Hi PT,

      Yes, this was my understanding too. I have a long-standing battle with Together which is scheduled for a 3 day trial in Jan. I think this is one of their sly ways of saying to the judge 'in addition the account is in arrears'

      Do you know what legislation they are referring to? and how can I find out if they are correct?

      Comment


      • #4
        i dont im afraid.

        Id suggest that you ask them to provide you with a copy. Which have this info on their site https://www.which.co.uk/news/2020/06...holiday/#three
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          Originally posted by pt2537 View Post
          i dont im afraid.

          Id suggest that you ask them to provide you with a copy. Which have this info on their site https://www.which.co.uk/news/2020/06...holiday/#three
          Thank you. Yes I have done. Seen as they are not a party to the FCA this should be interesting. I will revert back. Thank you again.

          Comment


          • #6
            Originally posted by pt2537 View Post
            i dont im afraid.

            Id suggest that you ask them to provide you with a copy. Which have this info on their site https://www.which.co.uk/news/2020/06...holiday/#three
            Morning, I spoke to my MP about this and as far as he knows (?) the mortgage company is in their rights to do this. So beware all those that have paid anything during a payment holiday expecting it to improve any arrears situation they may have had. It doesn't it is deducted from the payment holiday-Clear as mud. I am of course still waiting for Together to get back to me. I will update further once they have.

            Comment


            • #7
              Originally posted by pt2537 View Post
              i dont im afraid.

              Id suggest that you ask them to provide you with a copy. Which have this info on their site https://www.which.co.uk/news/2020/06...holiday/#three
              In response to this. Together have responded, saying they do not have a copy of the guidelines used to calculate the deferred amount. They have also capitalised the deferred amounts with no consultation to me whatsoever.

              This is their response.

              'There is no ‘copy of the guidelines’ that can be provided to you, however, the explanation in relation to payment holidays is readily available on any related website. Every mortgage lender who has offered this as a forbearance option has conducted each account in the same way.'

              Any thoughts/advice on this is appreciated.

              Comment


              • #8
                Government guidelines were set out in following FCA press releases:
                https://www.fca.org.uk/news/press-re...rs-coronavirus
                https://www.fca.org.uk/publications/...guidance-firms

                Comment

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