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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Im not sure if its a legal question or a comsumer protection

Customer Question

Im not sure if its a legal question or a comsumer protection question however I have a mortgage on a residential property and in July 16 I called the lender and asked for hardship assistance. My mortgage was usually paid monthly and automatically from my bank account. I understood in the telephone discussion that they were happy to assist and subsequently the advised of a new amount to pay weekly rather than monthly and accordingly a direct debit was set up by the lender to automatically debit. This advised amount has been coming out weekly and then month/s later I receive a call from the Lender saying that I am thousands of dollars in arrears. They readdress the loan repayment amount and realised that the amount was calculated incorrectly it was calculated at 12 months with every month being a four week month when some have 5 weeks. I dont have the money to bring the loan into line. What to do please? They have not assisted with my hardship request and mislead me.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Queensland
JA: Has anything been filed or reported?
Customer: no but i have email communication between the lender and myselfr
JA: Anything else you want the lawyer to know before I connect you?
Customer: The residential property is in a company name and I am the Sole Director and Sole Beneficiary. I put the house on the market over 3 months ago to solve the financial situation however it didnt sell. I took the next step to lease it out and I believe I have tenants moving in 3rd Dec16 as they have paid a deposit but Im awaiting the lease to be returned signed.
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 8 months ago.

Good Afternoon

Do you have any record of the phone call and did they ask you to send in anything?