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How To Stop Falling Into Arrears

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By

Christina Jordan

From the Fool blog

Will We Shop... Or Will Westfield Flop?

Published in Mortgages on 7 August 2008

Follow these steps to avoid falling behind with your mortgage.

If you are having problems paying your mortgage you are probably feeling pretty stressed. What you don’t need is your mortgage lender turning the screws on you to pay up, or charging you extra for missed payments. It only makes a bad situation worse, and can cost you a lot of money.

So, following the credit crunch, how are lenders currently reacting in this situation? Will they deliberately make a bad situation worse for borrowers?

Not good enough?

This week the Financial Service Authority (FSA) published a review pointing to weaknesses in the way some lenders are handling arrears and repossessions, particularly for consumers with impaired credit histories.

It said that while mainstream lenders are largely complying with requirements, there are particular concerns with specialist lenders. It accused them of:

- Operating a ‘one size fits all’ approach

- Focusing too strongly on recovering arrears according to a strict mandate, without reference to the borrower's circumstances

- Being too ready to take court action

There were also concerns that lenders in general:

- Could do more to consider individual circumstances and offer more options to resolve the arrears position

- Impose charges that could result in the unfair treatment of customers

- Do not exercise sufficient oversight of third parties contracted to carry out mortgage arrears handling

This is serious stuff, particularly in the current environment where the number of borrowers facing arrears is increasing. 

Not surprisingly, lender associations have hit back at the review. The Intermediary Mortgage Lenders Association (which counts a high proportion of specialist lenders as members) said all its members work hard to reach a reasonable agreement with the customer in difficulty, and treat borrowers as sympathetically as possible. 

It’s all very well for the FSA to say it has found poor practice and for lenders to say they treat customers fairly, but it is you who really knows. If you have had experience arrears handling -- good or bad -- please share it with us.

What can you do?

If you feel your lender is treating you unfairly, then you have every right to complain. There are strict rules concerning how lenders should deal with complaints as mortgages are regulated by the FSA. 

In addition to the rules, the regulator offers examples of good and poor practice on its website. For example, it is good practice for the lender to offer you options that are realistic to your circumstances and budget, with the aim of enabling you to remain in your home. Options can include offering you temporary reduced payments or a payment holiday, changing the term or repayment type of your mortgage, or capitalising the arrears.

Meanwhile, it is poor practice if court action is taken where a reasonable negotiated settlement is possible, or is used as a measure to discipline you into keeping to agreements to repay arrears. 

If your lender breaches the rules on arrears you can first complain to them directly and then to the Financial Ombudsman Scheme.

Take action now

If you've not yet fallen into arrears, but are worried you might in the future, there are steps you can take now to ensure you don't suffer the stress, hassle and costs of repossession.

Save as much as you can

Perhaps you're on an affordable rate now, but are concerned your rate will increase when your current deal ends and you come to remortgage. This is a legitimate fear as rates have increased substantially over the past year. So don't bury your head in the sand. Plan ahead, and save as much as you can now to prepare yourself for the tough times ahead. If you can pay off a portion of your mortgage when your current deal ends, you could qualify for a cheaper rate. This strategy will also ensure you get used to living on a tighter budget.

Take out insurance

Critical illness cover and income protection insurance are worth thinking about if you can afford them. These types of insurance policies protect provide a payout in the event of an accident or ill health.

Get flexible

Check whether you are on a flexible mortgage deal. With these deals, you can overpay in the good months and build up a buffer for when times get tight. If you lose your job for example you could underpay, take a payment holiday or even borrow back some of your overpayments.

Talk about your problem

If you think you might have problems paying your mortgage, contact your lender straightaway. They will be able to look at different payment options which might include a payment holiday, or deferring the interest or capital. It’s essential that you show a willingness to tackle the problem and get back on track with your mortgage. The FSA has produced a useful guide on what action you should take if you can’t pay your mortgage including contact details of organisations that can help you work through your debt problems.

More: Use This Mortgage To Crack The Credit Crunch | If you need to remortgage speak to a broker at The Motley Fool Mortgage Service

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Comments

The opinions expressed here are those of the individual writers and are not representative of The Motley Fool. If you spot any comments that are unsuitable hit the flag to alert our moderators.

glynh100 11 Aug 2008, 8:51am

There is much of value in this article, but I would suggest, from my own experience a few years ago, that some lenders are less helpful than others.

Following a bout of ill-health, I was in moderate arrears on the mortgage, but still paying as much as I could and keeping the lender up to date with my situation.

When I asked the lender for a face-to-face meeting to discuss the matter, all it was prepared to offer was a trip to its branch, where I would be put on to a telephone linked to its call centre, i.e. just the same service as you could get from home.

There are times when a face-to-face meeting is the best possible way of getting these things worked out; the "streamlining" of the operations of banks and building societies has led to cuts in such services, i.e. the very services which are often the most crucial to a customer's view of their provider.

It is easy to deal with the customer who is meeting his/her commitments; the acid test of a customer service operation is how it deals with those customers who do not fit the norm.

My experience does stem from a few years ago and it is of course possible that the lenders will (have to) be more flexible as the pips start to squeak but I would not necessarily expect too much help from them.

sondrio2 11 Aug 2008, 10:03am

recently, my wife was made redundant, worried that we may face a problem paying our large mortgage we phoned our bank, we were put through to the the dept that deals with mortgage problems and they just didnt want to know, they could not understand why we were contacting them when we had never been in arrears before, they suggested that we went into arrears for 3 months and then start ringing, so much for forward planning.

debtwagon 11 Aug 2008, 12:16pm

I don't care what the lenders say about codes of practice, they're in fact just codes of theory. In my experience (thankfully 15 years ago), they simply aren't interested in helping, even if you've got a perfect payment record. The sooner they can get the threatening letters and court proceedings under way, the happier they are. So - don't trust any of them.

byjimini 11 Aug 2008, 6:12pm

Hopefully someone can help me on this issue. I still live at home with my parents and, at no fault of their own, they are in arrears with their mortgage company. The reason is they pay by direct debit, but the company kept taking too little each month. My parents would ring them up and tell them, yet nothing would get done. This went on for three years (!), with the company taking too little each month form my parents bank account, and each month they'd ring up to notify them and again, nothing would ever be done about it.

The one day, we recieved a letter from them that we owed several thousand pounds and that they needed it immediately. Worried, my parents cancelled the direct debit, and after a series of phone calls we discovered that until we'd paid back this money, either in one lump sum or by paying extra each month, my parents credit limit would be cancelled.

We agreed to pay a bit more each month - but they're still taking too little by direct debit each month. We've contacted trading standards, citizens advice and the financial ombudsman, the latter of which still hasn't looked into the matter 12 months on despite frequent calls and the passing on of all relevant information.

I'm at my whits end. I work part time and end up bailing my parents out of their overdraft every month, because dad is disabled and doesn't work because of it. This surely isn't legal? I can't see how they can cancel my parent's credit limit nor refuse to give compensation or any sort of apology for taking too little money and driving my parents into the red.

I really am annoyed and, had I not been giving my money to my parents to help keep them afloat I'd be dragging Mortgage Express to court. Any help appreciated. SOS.

owenrobert 11 Aug 2008, 6:57pm

Whats the point in informing your mortgage company, when if you do ask for help theres none available as in my case, or you receive letters from sister companies offering secured loans.What can i do to get help?

1Dee 11 Aug 2008, 8:56pm

My husband and I have had mortgage problems for several years now which incidently were caused by members of his family who now no longer speak to us (another story). We have had to borrow from "sub-prime lenders" whose rates are quite a bit higher than the norm. We are gradually getting ourselves out of the mess his family got us into but occasionally still have problems meeting our mortgage repayments. When this has happened I have contacted our lender explained the situation and agreed a repayment scheme to get us back on track. We are currently in one of those schemes and although most of my income is paying off our mortgage and arrears each month everybody is happy (well at least we haven't got the stress of a repossession hanging over us). Perhaps because we are with a "sub-prime lender" they expect their customers to have problems but I have had no problem with them when I have needed to come to an arrangement to "catch up". Just ring your lender as soon as possible and provided you accept that you owe the money and tell them just how little you have coming into your house each month and exactly what you can afford to pay without fear of falling behind on the repayment plan they will agree to it. Its no good saying you can pay an additional £200 each month if you can't I have offered a token extra payment for short periods of time (3 months) until we have got another debt cleared and then said we could offer a larger amount after this time. As long as you are paying something off of the arrears and your regular payments are not falling behind even further each month then MOST lenders will accept and regularly review the situation. Just make sure you get the name of the person you made the arrangement with and get them to confirm it in writing. Chase them up for the letter as well if it doesn't come within a week. They will understand your anxiety and appreciate you are trying to clear whatever you owe.

Iniq 13 Aug 2008, 1:23pm

Why do you keeep sending me umpteen E-mails per day, many containing detailed information about products which I do not have, do not need, do not want and have no interest in aquriring?

If you lot are so wise, why can't you target your mailouts a little - and reduce to volume to a less spam-like quantity?

debs0371 16 Aug 2008, 6:18pm

Byjimini thats not a great predicament to be in and I sympathise to a point. Just wondered why your parents, though fully aware that the mortgage co wasnt taking sufficient funds to meet the monthly commitment didnt make other means to get the money to the lender or even put it into a savings account until they demanded it? As far as complaints go, officially any regulated finance company has 8 weeks to resolve any complaints put in writing, if you are unsatisfied with outcome you can then take it to the financial ombudsman. From what you say neither are making any headway in dealing with this complaint. Have you tried your local MP?

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