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

i dont have an answer for you,but tommorrow morning my husband and i are at Barnsley County Court to have our house repossesed by Southern Pacific Mortages. We have had a dreadful year due to a loan company witharrassing us out of our home. The loan company demanded we pay them £500+ per month or they would take our home from us,so we payed them and missed our mortage. We kept Southern Pacific informed througghout our ordeal and i wrote to them offering our mnonthly payment plus £20 off the arrears. They declined. We contacted the solicitor acting on behalf of Southern Pacific who told us they wanted the arrears off in twelve months which works out at £241 on top of our monthly payment. We cant afford this so we have decided not to offer anything and just let the judge decide. I suppose what im saying is dont excpect any help or fairplay from southern pacific as they are just not bothered,just go to court and hope for the best.

-- sonia allen (soniaallen9@btinternet.com), March 29, 2004.