Key Post How to respond to threatening bank letters

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scaredwife

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My husband has recently started a new business but it has been very slow to make money ( and still is) . he owes 30000 on a personal loan and the bank is threatening legal action. he has been unable to pay anything for 2 months now and the when he rang the bank to to see if he could pay 50 a week they said no. they want him to close his personal account. We live in rented accomodation with 2 small children and i am so scared. Can they come to our house and take our things? what will happen to us. what can we do to keep them of our backs we want to pay something but we can afford 150 a week and 2500 in arrears!
 
Re: threatening bank letters

The words "blood" and "stone" come to mind.

The bank can't just turn up at your home and take away the television and the children's toys, and they certainly can't put you out of a house you don't own. To do anything, they have to go through the courts, and the court won't help them much if it is reasonably clear that your husband is doing all that he reasonably can, and there is nothing that can be sold to make a worthwhile contribution to reducing the loan.

So yes, you have a problem that you will need to deal with, and it's a bad situation. But it's nothing like as bad as your fears. Do the best you can; make it clear to the bank that you are doing your best; let them know that their best prospect is to wait it out with you, and hope that the business generates some money.
 
Re: threatening bank letters

Firstly, no-one is going to come and take everything away from you suddenly. Your husband is doing the right thing by trying to engage with the bank. First thing he needs to do is to keep a log of calls and probably write to them explaining the circumstances in order to keep evidence. Make an appointment with MABS and explain to them your story. They will advise you on how to proceed and can help in dealing with the bank. Regarding the legal action, have they sent you a letter threatening this or have you been summonsed to court ? If its the latter make sure your husband turns up with a log of all correspondence in which he tried to come to an arrangement with the bank and the judge will in all probability side in your favour with a repayment plan. At the end of the day you can only pay back what you can afford and as long as you are making the effort you will be fine. If its just a threat then continue to correspond.
 
Re: threatening bank letters

note that its only a letter asking him to close his current account and that they will seek legal action to reclaim moneys owed...

thanks for the response feel better already
 
Re: threatening bank letters

They will take him to court to secure a judgement. But rest assured they won't be coming round to take your TV or children's toys. The sheriff is only interested in high value items that can be sold easily to clear the debt. So unless you have a Monet hanging on the wall or a Bentley parked outside there is nothing to worry about.
 
Re: threatening bank letters

I suggest that your husband sends a registered letter to the person whose name appears on the letter asking him to close his personal account.

In the letter he should explain what his present predicament is, & express his concern & upset over the way the bank has handled the situation up to this & ask for a letter by return of post to confirm that the bank has refused his previous offer of regular €50 payments until such a time that he is in a position to increase these payments, & ask them to outline in the letter a reason why the bank refused his genuine attempts to repay the debt. He should also ask them how he is expected to repay anything if his account is closed, & enquire if they would be kind enough to advise him of sort code and account number that he can use to do so.

Quite often when you are on the phone to a bank employee who is merely staring at a screen that says you owe X amount of money & x amount of money needs to be repaid in order to clear any arrears, unless you are agreeing to pay this exact amount they will just tell you that this is not acceptable. They might not even detail your reduced offer on your account details, so when the account appears on a credit control dept’s reports, it just looks to them that you are ignoring the debt, & triggers automated letters which could well be what your husband has received.

It’s very easy to get fobbed off over the phone, but a letter gives you time to say exactly what you want to say without any interruptions, & is a million times less intimidating at what is at best a stressful & worrying time for you. This is why it is always advisable to do anything like this in writing & keep copies, firstly as the letter will have to be recorded/filed on your account details & secondly should things go down a legal route you have a record of making an attempt to repay the debt.

A registered letter usually doesn’t get ‘lost’ between departments & is more likely to land on the desk of a more responsible senior member of staff than one sent by ordinary post & prompts somebody somewhere to act upon it. Yes it’s a pain to sit down & write/type a letter & it costs €5 or €6 to send a registered letter, but nine times out of ten you may find that the bank will change it’s tune to a more humane & reasonable attitude.

The main thing is try not to get too stressed out about it for now, your husband has done the right thing by contacting the bank & it may well be that he just wasn’t speaking to someone who had the authority to come to an arrangement. But I would strongly suggest that he sit down & write a letter & send it by registered post so as he at least has it on record that his repayment offer has been refused by the bank.

As mentioned above, it would also be a good idea to visit the MABS website www.mabs.ie & make an appointment to see them. There is a backlog for appointments, but they will be able to advise you on any other bills or debts that you have, & could negotiate on your behalf.
 
Re: threatening bank letters

Papercut, i hope you dont mind me saying, thats a great post!
 
Re: threatening bank letters

Indeed quality post from Papercut.... Papercut...Set up your own MABS as your services are urgently required
 
Re: threatening bank letters

My husband has recently started a new business but it has been very slow to make money ( and still is) . he owes 30000 on a personal loan and the bank is threatening legal action. he has been unable to pay anything for 2 months now and the when he rang the bank to to see if he could pay 50 a week they said no. they want him to close his personal account. We live in rented accomodation with 2 small children and i am so scared. Can they come to our house and take our things? what will happen to us. what can we do to keep them of our backs we want to pay something but we can afford 150 a week and 2500 in arrears!

Does the amount outstanding relate to the new business? If so I think the bank should be more supportive etc.!
 
Re: threatening bank letters

Papercut, i hope you dont mind me saying, thats a great post!
+1

Papercut.

Usually posts get reported to the mods for breaking the posting guidelines. This one has been reported for being a good post and it was recommended to make it a Key Post which I have done.

Brendan
 
Re: threatening bank letters

I agree thank you very much!
 
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