Hello Jeremy my name is ***** ***** I will help you with this.
Did you not realise this monthly payment had not been made?
No there were lots of other standing orders and direct debits which moved ok and we presumed they all had.
OK. Sadly it is not the responsibility of the creditor to make sure you make your monthly payment.
Whilst one would have hoped that they would have written to you, they would argue that you can manage your own affairs.
For example if an insurance matter goes to court because of a failed Direct Debit, the Courts would not accept as a defence lots of DD's were going out.
The court would expect someone to look at their statement to make sure their affairs are in order.
So whilst on one hand one would have hoped the lender would have written to you, the onus sadly is on you to make sure that payments are made and to check they have been
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
I would however raise a formal complaint with the lender and point out they waited 5 months, especially if you had no missed payments before.
They may investigate this and give you a positive response taking into account the above.
Can I clarify anything for you about this today please?
So with the new regulations re moving bank accounts there is no onus on the banks to make sure that all standing orders are actually moved?
There is but it is your responsibility to make sure payments have been made.
If it had been 1 payment then your argument would have been stronger. But the fact 5 payments were missed and you did not notice damages that argument.
The responsibility is on you to make sure payments are made and given the length of time I think that would be very difficult to advance and succeed
Does that clarify?