# Bad Credit Card Debt



## BadDebt (26 Jul 2010)

Hi all,

I was hoping I could get some advice and facts about my situation as I am extremely worried and I have been very wreckless with credit card debt.

I'll try to keep this as brief and to the point as I can.

I had a few loans over the years, all under 10k, which were paid off with no problem, all with one of the major banks. I have a credit card for a couple of years and was making payments on that the whole time too...

Anyway, I moved to another country and have been out of touch from the bank for about 7 months. The problem is, my debt spiraled on my card, and I have not made a payment for about 6 or 7 months.

My credit card limit was c.4k, and in the 6 or 7 months I didn't make a payment the card was never cancelled by the bank and I was allowed to withdraw money from it (and work over here wasn't going much better, so I had no choice) and I kept taking money out....so the bank allowed me to wrack up debt well above my "agreed" amount or credit limit of 4k, up to about 200% above that amount before it was cancelled and I could no longer take money out on it.

Now, I don't suggest I'm not completely responsable for this debt and my own stupidity got me here, but my first question is, is there some sort of irresponsible lending and / or illegality of the bank giving me acsess to so much cash, so above my limit, for half a year when it was abundantly clear that they had no way of contacting me, I was not going to make contact, I was abroad, (could have been stolen?), and they allowed the amount to grow until it exceeded the c. 6k mark so that they could look for a judgement in the circuit court as apposed to the district court?

Ok, secondly, I have made no contact in all this time, not to make any arrangement, and the bank has been unable to contact me. Should I come clean and contact them now? I still have little or no payback power at present and my income is very staggered.

Also, once they get this judgement, if I was NEVER to get in touch with them, could this become a criminal issue where my arrest back home could be warrented or even be given a criminal record in my absence?

I'm really really worried about this and know how stupid I've been, but I've been trying to sort everything out and I'm just way in over my head now and don't know what to do..

Thanks for any help and any advice would be massivley appreciated.

Thank you.


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## pinkyBear (26 Jul 2010)

Hi there,
If I were you I would make some contact with the bank, and organise to start paying off the debt.


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## Sidetracker (26 Jul 2010)

*Bad debt*



BadDebt said:


> Hi all,
> 
> 
> Now, I don't suggest I'm not completely responsable for this debt and my own stupidity got me here, but my first question is, is there some sort of irresponsible lending and / or illegality of the bank giving me acsess to so much cash, so above my limit, for half a year when it was abundantly clear that they had no way of contacting me, I was not going to make contact, I was abroad, (could have been stolen?), and they allowed the amount to grow until it exceeded the c. 6k mark so that they could look for a judgement in the circuit court as apposed to the district court?
> ...


 
Do you mean, a bit like an alcoholic trying to blame a Brewry for letting him spend all his money on drink ?. Worth a try.


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## JEON50 (26 Jul 2010)

My advise is to contact the credit card company by letter. Offer them a repayment plan based on what you can manage to pay each month. Also ask them to stop the interest charges. I am in your situation, they will take any reasonable amount. By the way I wish I only owed 6K. There is a standard letter on www.mabs.ie which I used


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## David_Dublin (26 Jul 2010)

Sidetracker said:


> Do you mean, a bit like an alcoholic trying to blame a Brewry for letting him spend all his money on drink ?. Worth a try.


Why dont you refrain from posting if you're not going to try to help. you've just read the post of someone who is clearly very worried, and you decide to post something that is not at all helpful. Or funny, for that matter. Just stupid.

I think you should contact the CC company. It's obviously bothering you hugely, that will only change when you do something about it.


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## CUJimmy (26 Jul 2010)

have to agree with the comments above, it is imperative that you contact the credit card company and come to some arrangement. This should stop any legal proceedings. The amount in question is not insurmountable over a number of years so get in touch asap and as JEON50 suggested ask them to freeze the interest on the balance.


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## Sidetracker (26 Jul 2010)

*David Dublin*

Hi David. At age 68, I could write a book about money trubles, but I accepted  what I did and took it on the chin. I didnt take financial institutions to court for allowing me to be stupid. I have every sympathy for everyone in trouble, but take it on the chin and moove on.


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## David_Dublin (26 Jul 2010)

What a stoic person you are Sidetracker. But what was the point of post? Did it make you feel better about your age, or your ability to write a book, or your history of taking on the chin and facing up to things? 

Asking for advice is a first step towards doing something about it, and he may indeed end up taking it on the chin and moving on.


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## JEON50 (26 Jul 2010)

Could not agree more with David Dublin, if you can not offer advise based on our own experience, or know how, do not make silly comments, to pass the time. We are dealing with real people in trouble


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## Sidetracker (26 Jul 2010)

*Bad debt*

Whilst you are at it, give them some good advice on how not to be so stupid again when the problem is sorted. Forget about court action against people who played no part in your misfortune and just tackle the problem.


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## JEON50 (26 Jul 2010)

What are you on about, what court action. If you have nothing constructive to add , do not bother making any replies


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## Maggs065 (27 Jul 2010)

JEON50 said:


> What are you on about, what court action. If you have nothing constructive to add , do not bother making any replies


 
Sidetracker was been constructive - he was basically saying face up to your debt and stop trying to blame the institution that lent you the money.

Of course it's not a nice situation to be in - but it's manageable and the OP will most probably learn a few valuable lessons.


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## UFC (27 Jul 2010)

The only options are to face up to the debt and either pay it all off, or try to make some sort of deal to only pay back some of it.

You'll eventually come round to doing this, so you may as well do it now.


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## MandaC (27 Jul 2010)

I actually see where sidetracker is coming from on this one.  

OP is obviously worried about their position and it is great to get constructive advice, the very first step of which is to take responsibility for themselves and not try to blame anyone else. 

In reality, it is not a huge amount of debt and is "fixable" so the OP will hopefully get back on their feet.  

OP, you did not post much about your own circumstances, apart from saying your income is staggered - do you have the capacity to draw up some kind of repayment schedule however small at the minute?


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## JEON50 (27 Jul 2010)

I am not saying sidetracker is wrong, but when you are at your lowest, its is nice to hear positive solutions. Sidetracker is right, you got to learn by your mistakes, and take responsibily for you own mistakes. In fact the banks and CC companies are more forthcoming if you arrange a proposal


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## Marietta (27 Jul 2010)

I think it is vital the OP makes some form of contact with the credit card company because eventually they will catch up with him/her.

That aside, it is staggering the amount of people caught up with credit card debt, maybe if some form of money/financial education was a compulsory subject in the final years off school, it would go some way towards preventing people getting into debt with these cards, there are lethal if not used properly.


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## JEON50 (27 Jul 2010)

Yep I agree, however the lastest generation seen it as easy to get credit. I am the fool, I remember the 1980's and I fell into the trap again. However I have learned to meet the banks and CC companies, before they come looking for you. They see this in a very positive way


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## Marietta (27 Jul 2010)

Yes, hopefully credit card companies will have learned valuable lessons and  be stricter and more cautious  in the amounts they lend out, they must have got badly burnt in this past decade of madness as well


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## D8Lady (27 Jul 2010)

If you had term loans before and paid them off fully, would it be possible for you to get a bank loan to pay off the credit card debt? 

The interest would be cheaper, c. card company would have no problem accepting that. 
Once paid off, get rid of the card or get limit reduced to €500 or something very small. 

I'd agree with other posters about contacting the card company. At least you 
would know where you stand with them and would significantly reduce your worry about it. Once you start to take control the situation a bit more, your anxiety should start to reduce.


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## BadDebt (29 Jul 2010)

Hey guys, thanks very much for all the helpfull advice.

I always knew the time to face the music was going to come, so I guess I might as well get it over and done with!

I'll let you know of any future developments I may need your advice on and thanks again to everyone who contributed.

[edit] Oh yeah, just on the criminal issue, is there anyway ignoring my debt could have already or in the future, turn into a criminal matter if the bank did not get hold of me? My fear is contacting the bank and finding out they are in the depts f some seriously civil action against me, but my biggest fear is that the longer it is ignored, could it ever become a criminal matter?? That's really important that I find that out as criminality linked with debt is really the straw that breaks the camels back, and that was the only reason I took issue with the bank being _almost_ as irresponsible as me, by allowing the amount borrowed to far exceed anything that was previously agreed and it's almost as if they are using my situation as leverage to feck me up as much as possible...I don't see the point on a credit limit if they'll let you take double that amount, when you're at your weakest financial point, and then have a sword of criminal conviction hanging over your head if you don't pay it back...


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## Sidetracker (29 Jul 2010)

*Bad Credit Card Debt.*

Hi Bad Debt. For a start you could change your post name, to: Good Intention. You would feel better about yourself.

I stand to be corrected, but you have done nothing Criminal. You took money from your CC account, which put over your limit. The Bank *Allowed* you to exceed your limit. That is *Not Criminal*. You have simply broken a *Bank Rule*. You cannot be sent to Jail for that.

The problem could arise if the Bank goes to Court and gets a Judgement Order for the money. The Judgement it'self is not a major issue, but if the *Judge* sets out a *"Payment Order"* then ignoring or not abiding by that order would be a very serious matter.

No matter how annoyed you feel, you should try to stop seeing the Bank as the *Enemy*. It will help you to concentrate better on meeting them and having better dialog with them. They really will treat you in a different light when you approach them from a different angle. Lay on plenty of sadness and poor mouth. When you first meet one of their reps, you might find something you have in common with them.Ie. Town they come from, town they live in, their old school etc. and talk about that. You will find that they are human too. Dont give up and dont hide, go for it.


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## JEON50 (30 Jul 2010)

I actually agree, I deal with a lot of these situations, I am a non paid adviser, but I give 20 hours a week, petrol etc. I an based in the SW 220 miles from Dublin, I will give you my private contact details, I will take the rain anywhere. What you owe in very small, I see families every day with CC debts of 20Kplus, please visit www.mabs.ie,If the CC company contact you first, they have the advantage.


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## wbbs (30 Jul 2010)

Hi, Sorry OP this wont help you, I am actually interested in JEON50 response, you are a non-paid adviser?  is this volunteer work with some agency or what, reason I want to know is I would love to do something similar.  I have experience in this area and see a lot of the difficulties out there & would like to help.  Would appreciate any info.


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## Tessi (30 Jul 2010)

Hi wbbs I understand your worry as i also have cc debt and havent sorted it out yet.  I just want to ask JEON50 what advice they may be able to give me if thats ok.  I have two cc debts totalling about €8 but have bank debt of €16 thous.  I wrote to both cc and told them I couldn't pay the minimum, asking them to freeze interest with the hope i could pay a small amount each week to at least start to pay off the loans.  boi cc wrote back to say they wouldn't except a small payment and would not freeze interest and aib just keep ringing me but i don't answer because mabs once said not to deal over the phone. The problem is i am not dealing with any of it because i can barely pay what i need to each week, how can i start to pay off all this debt.  I did get to a point where i was quite ill from all the worry but its gone past that now and i have decided to let it all go to court.  Am i wrong in doing this? I very much appreciate your advice.


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## Joe Q Public (30 Jul 2010)

You are best to let the judge decide what you can or can't pay.


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## Tessi (30 Jul 2010)

Hi Joe O Public

I am glad you said this.  I'm tired of people telling me to negociate with the cc companys and banks when they won't agree to accept what I say I can afford.  myself and partner only have 163/wk each plus we now are going to get 86/towards our 800/mth mortgage. We have done everything in our power to cut costs but we still don't ever seem to have any left over so don't really know how we can repay loans at this stage.  We do put enough by each week for car/ins/tax/esb/tele.  

Have you had any experience of going to court yourself?


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## Joe Q Public (30 Jul 2010)

I have been to court many times. The judge has sided with me each time once evidence of my inability to pay was shown. The result was that my creditors will have to write off the money as the judge will not order me to pay them.

I am currently facing a repossession application so I have to focus on that.


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## Tessi (30 Jul 2010)

Hi Joe Q Public

Thanks for your reply.  I know each case is individual but I am feeling better knowing that hopefully the judge wont throw me in jail.  I have never been in front of a judge or had to go to court and it absolutely scares the hell out of me.  Some people think that because we have got into a lot of debt and havent it sorted, we are unwilling to pay our debts.  That couldn't be further from the truth.  I would give anything to have a spare 50 or so a week to pay off bills but I just don't.

Good luck with the repossession application and remember to do the euro millions tonight.


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## JEON50 (30 Jul 2010)

Sorry, have been away for a few days. I take it you had a meeting with MABS. There is a final action you can take. Request the MABS rep. and the rep. from the banking federation to mediate. There is NO WAY you will be sent to jail by a judge if you have made an offer based on your means. If the loan is is unsecured, and the CC is definitely not, please, please do not worry.

For the record I have been in this situation myself. C.I, are always looking for help


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## JEON50 (31 Jul 2010)

Yep, Contact your local C.I. You learn a great deal. I had the bad times, nearly there. Nice to give something back


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## Tessi (31 Jul 2010)

Hi sorry to ask as its probably obvious but what does C.I. stand for?


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## Joe Q Public (31 Jul 2010)

Citizens Information. It is an awful pity that they are so variable in their advice. Some are very good and run by very well educated people and others are less so who simply quote from leaflets.


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## Tessi (31 Jul 2010)

Hi Joe Q Public

I'm afraid I agree.  They are potentially a very good idea but unfortunately when I moved to where I am living now and opened a business there was a lot I didn't know.  I tried to get information and advice from my local C.I. but they were so unhelpful.  Having said that there is some wonderful people who do care and are working in other C.I.s around the country so I wouldn't like to condem them all.


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## JEON50 (31 Jul 2010)

www.citizensinformation.ie

C.I are over run at the moment, call in to your nearest office, due to lack of funding, for training. There is a lack of qualified advisors. Normally once a week you can avail of free legal advise from a person from FLAC, it really depends on your office, I agree


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## Tessi (31 Jul 2010)

Hi JENO50

I guess in fairness they would be over run with so many people asking for help, just like Mabs.  I only got advice over the phone from mabs.  They said at the time that they only dealt with individual debts and not with businesses.  We had a small business when we first got into difficulty and it would have helped greatly at that stage if we could have got help but thats the rules.


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