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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, I own a 2nd property through a buy to let mortgage with

Customer Question

Hi,

I own a 2nd property through a buy to let mortgage with Birmingham Midshire.
In Dec 2012 I moved residence and advised all interested parties of my new address.
In August 2013 I made a stupid mistake. I cancelled all direct debits associated with my old house but in doing so accidentally cancelled my buy to let DD. I noticed this mistake in November and immediately wrote to the company explaining I had identified this problem and could they send me a new direct debit mandate to complete to reset it. I also asked how I could repay the arrears (Sept, oct and current month nov). upto this point no one had called or written from the lenders......
Upto this point I had never ever missed a single payment in the 8-9 years I had the property. I probably should have chased the lending company but waited for them to then contact me. I then heard from my managing agents that a 3rd party company tried to call on the buy to let property but my tenants were out at the time. The letter that was left behind was asking for details about them and the tenancy agreement..They didn't ask any questions about me. I told my agents that it was possibly a cross over in my writing to the lenders and this company being engaged. Then a solicitor wrote to the tenats asking for the same details. At this point the tenants didn't make my agents aware of this letter and nor had I received any communication from the lender or this solicitor. On the 30th Dec the solicitors wrote to advise they had appointed receivers to manage the property nd they would be in touch . On 31st Dec the receivers wrote to the tenants. Upto this point I had not been called or written to. Once my agents were aware of these 2 letters they contacted me last Thursday and after getting over my shock I contacted the mortgage company to ask what was going on. they put me through to their legal department.
They apologised for not updating mydetails with my new address back in Dec 2012 , they confirmed they had received my letter in November but couldn't act on it as they didn't know that was my new address and said they could only do something if I had called them and not written!!!! they then confirmed they did have my telephone details but have never called me or left a voicemail if they had of done when I missed my first payment this could have been rectified a lot sooner and I wouldn't now be in this position. Unfortunately finding this info out tookapprox 10 calls to them as their line kept cutting out (other calls I madevthat day didn't have that problem!) . Because I didn't get to finish that conversation as on my 11th call I couldn't get through after holding on several times 20 minutes a time. I thought there was a problem with their phone line so I emailed them repeating everything I had already said pointing out what they had confirmed ie them having my mobile number but not contacting me once plus I pointed out that they could have contacted the tenants a lot earlier in the process to confirm my address was what (or not ) what they had on their records.....I again have not been contacted (I wrote the email same day last Thursday)... My agents now tell me the receivers have been in touch with the tenants about arranging a gas safety check and certificate ! I already have this in place and my agents have a copy , it is notdue for a few months yet......
My tenants who are very good are understandably getting "twitchy" with all that has gone on and at this rate I will lose them. The previous tenant was very destructive and late with their payments but this tenant is very good hence as mentioned I don't want to lose them.
All I want is to be able to reset the direct debit and be told how I can repay the outstanding money . The value we talking about being outstanding is less than a £1000.


What can I do as it just feels like they are determined Togo down the route of the receivers and not interested in allowing me to resolve..they have shown no duty of care in trying to make contact with me ....can I do anything , do I have any rights with this being a buy to let?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Would they just not have let you paid by debit card when you called up please?

JACUSTOMER-legawyn2- : No they didn't give me that option . To be honest money is abit tight at the moment (Xmas) and would need to repay over 2 instalments. But I haven't been given any options just that they appointed receivers due to a breech in the agreement. They are showing no leniency or common sense even though they have apologised for not updating my details with the correct address or. Indeed call me with the number they have always had on file...
JACUSTOMER-legawyn2- : No they didn't give me that option . To be honest money is abit tight at the moment (Xmas) and would need to repay over 2 instalments. But I haven't been given any options just that they appointed receivers due to a breech in the agreement. They are showing no leniency or common sense even though they have apologised for not updating my details with the correct address or. Indeed call me with the number they have always had on file... Where I hadn't noticed until mid Nov I had been spending the money without realising the money in my account was due elsewhere.
JACUSTOMER-legawyn2- : No they didn't give me that option . To be honest money is abit tight at the moment (Xmas) and would need to repay over 2 instalments. But I haven't been given any options just that they appointed receivers due to a breech in the agreement. They are showing no leniency or common sense even though they have apologised for not updating my details with the correct address or. Indeed call me with the number they have always had on file... Where I hadn't noticed until mid Nov I had been spending the money without realising the money in my account was due elsewhere. The mortgage is £236 a month. The rent I receive is £775 a month albeit agents fees mean I receive £700 . So the money outstanding would be recouped easily within 2 months via the receivers (subject to their fees) if they do take control, what happens then ? Am I legally able to take back control or do they continue managing it and hence cost me their fees and my own agents fees ? I
JACUSTOMER-legawyn2- : No they didn't give me that option . To be honest money is abit tight at the moment (Xmas) and would need to repay over 2 instalments. But I haven't been given any options just that they appointed receivers due to a breech in the agreement. They are showing no leniency or common sense even though they have apologised for not updating my details with the correct address or. Indeed call me with the number they have always had on file... Where I hadn't noticed until mid Nov I had been spending the money without realising the money in my account was due elsewhere. The mortgage is £236 a month. The rent I receive is £775 a month albeit agents fees mean I receive £700 . So the money outstanding would be recouped easily within 2 months via the receivers (subject to their fees) if they do take control, what happens then ? Am I legally able to take back control or do they continue managing it and hence cost me their fees and my own agents fees ?
JACUSTOMER-legawyn2- : No they didn't give me that option . To be honest money is abit tight at the moment (Xmas) and would need to repay over 2 instalments. But I haven't been given any options just that they appointed receivers due to a breech in the agreement. They are showing no leniency or common sense even though they have apologised for not updating my details with the correct address or. Indeed call me with the number they have always had on file... Where I hadn't noticed until mid Nov I had been spending the money without realising the money in my account was due elsewhere. The mortgage is £236 a month. The rent I receive is £775 a month albeit agents fees mean I receive £700 . So the money outstanding would be recouped easily within 2 months via the receivers (subject to their fees) if they do take control, what happens then ? Am I legally able to take back control or do they continue managing it and hence cost me their fees and my own agents fees ? The outcome I seek is to take back control now , set up the direct debit and repay the outstanding amount by Mid February.
JACUSTOMER-legawyn2- : No they didn't give me that option . To be honest money is abit tight at the moment (Xmas) and would need to repay over 2 instalments. But I haven't been given any options just that they appointed receivers due to a breech in the agreement. They are showing no leniency or common sense even though they have apologised for not updating my details with the correct address or. Indeed call me with the number they have always had on file... Where I hadn't noticed until mid Nov I had been spending the money without realising the money in my account was due elsewhere. The mortgage is £236 a month. The rent I receive is £775 a month albeit agents fees mean I receive £700 . So the money outstanding would be recouped easily within 2 months via the receivers (subject to their fees) if they do take control, what happens then ? Am I legally able to take back control or do they continue managing it and hence cost me their fees and my own agents fees ? The outcome I seek is to take back control now , set up the direct debit and repay the outstanding amount by Mid February. That is what I would wish to happen and then everything revert back to normal.....is this legally not possible
Alex Watts : Did you not realise the monthly payments were coming out and set that money aside? Why did you just not send a cheque when the Direct debit did not come out?
JACUSTOMER-legawyn2- : Hi, no I didn't realise , as mentioned , until November when I did a bank reconciliation, by that time 3 payments (1st Sept,1stoct,1stnov) should have gone from my bank acct to the mortgage company. Unfortunately where I didnt realise before hand that here was a problem I was drawing against available funds (ie using money that shouldn't have been sat there)...
JACUSTOMER-legawyn2- : Hi, no I didn't realise , as mentioned , until November when I did a bank reconciliation, by that time 3 payments (1st Sept,1stoct,1stnov) should have gone from my bank acct to the mortgage company. Unfortunately where I didnt realise before hand that here was a problem I was drawing against available funds (ie using money that shouldn't have been sat there)... As mentioned I found the mistake and straight away contacted the company asking to reset the direct debit and asked how I could repay the arrears. Upto that point I had not received a single letter from the company or a phone call . Upto then I had not missed a single payment in the 8 - 9 yrs I have had the mortgage......
JACUSTOMER-legawyn2- : Hi, no I didn't realise , as mentioned , until November when I did a bank reconciliation, by that time 3 payments (1st Sept,1stoct,1stnov) should have gone from my bank acct to the mortgage company. Unfortunately where I didnt realise before hand that here was a problem I was drawing against available funds (ie using money that shouldn't have been sat there)... As mentioned I found the mistake and straight away contacted the company asking to reset the direct debit and asked how I could repay the arrears. Upto that point I had not received a single letter from the company or a phone call . Upto then I had not missed a single payment in the 8 - 9 yrs I have had the mortgage...... When I phoned them, the beginning of this month, having still not heard from them , the phone line kept being cut off after going through their phone system and getting through to the correct dept .. Each time I phoned them back this went on for ages that day culminating in me hanging on the phone 20 minutes (twice) and finally conceding defeat believing they must have a phone line prob. I immediately sent them an email (same day) but again received no response . I re emailed them several days later but again still no response.....
JACUSTOMER-legawyn2- : Hi, no I didn't realise , as mentioned , until November when I did a bank reconciliation, by that time 3 payments (1st Sept,1stoct,1stnov) should have gone from my bank acct to the mortgage company. Unfortunately where I didnt realise before hand that here was a problem I was drawing against available funds (ie using money that shouldn't have been sat there)... As mentioned I found the mistake and straight away contacted the company asking to reset the direct debit and asked how I could repay the arrears. Upto that point I had not received a single letter from the company or a phone call . Upto then I had not missed a single payment in the 8 - 9 yrs I have had the mortgage...... When I phoned them, the beginning of this month, having still not heard from them , the phone line kept being cut off after going through their phone system and getting through to the correct dept .. Each time I phoned them back this went on for ages that day culminating in me hanging on the phone 20 minutes (twice) and finally conceding defeat believing they must have a phone line prob. I immediately sent them an email (same day) but again received no response . I re emailed them several days later but again still no response..... It just feels like I am being steam rollered and that it is running out of control......is there anything I can do ? Anyone I can complain to? The receivers have contacted the tenants stating they want to do a gas safety check, when there is already one in place and both I and the agents have a copy.can they incur me unnecessary expenses?

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