My bank wont allow me to alter a direct debit ... for the mortgage

M

munchy

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Today I went to BOI to change my mortgage down to something that I can afford (its totally unsustainable at the moment as I havent worked in ages and Im in my overdraft etc) The bank said that they, and I, cannot change a DD and only my building society can do this!!
I have been to the building society to restructure the mortgage twice already and they made it clear that interest-only is the the only option etc... and Im quite sure to get them to agree to change my own direct debit will mean many months of letters and paperpushing, and wasted money on my side.
What to do ?
Hard to close the account as I am sure the Bank will seek out permission from the mortgage provider, and also I have a nasty overdraft.
Shall I just try and close it and open a new account? But I presume they will need me to be working in order to open a new account?
 
A bank can never change an incoming Direct Debit. When you sign a direct debit, you ask the bank to pay unspecified amounts from your account at the request of the payee (in this case, the building society). Your bank has only two options - to pay the amount requested by the payee, or reject it. They do not have an option to partly pay it. You must deal with the building society if you want to change the amount.
You can cancel the direct debit, and pay the building society a lesser amount by other means, but that may have other consequences.
 
So I went to deliver a letter to BOI today to cancel my direct debits for the mortgage and I got quite a frosty response from customer services lady (thats to be expected I suppose except my mortgage is not with them - only my current account) Anyway, when I asked her if they are now definitely cancelled she said that on the date there was a chance that they DD would go through again because "they may force payment if its part of your terms and conditions"
So, is it possible that even with my written instructions to cancel direct debits, they can force a payment? In that case I will close that account ...
(Fyi I also wrote a letter informing the mortgage provider today that I have done so and will resume payment in the form of a standing order with reduced amounts that I can afford to pay etc so I will be informing the mortgage provider before they try and request payment from BOI)
What recourse do I have in case they keep paying the direct debit?
 
My understanding is that you can instruct your bank not to accept direct debits to your account from a named source.
 
Thanks Sg and Brendan ... that helps. Ill stand firm on this one and may follow up with a confirmation letter.
 
Once you cancel a direct debit with your bank they are obliged to inform the Originator of the cancellation and return any direct debits that are subsequently presented. Make sure you write to the bank to cancel the DD.
 
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