Refused Split - BOI Mortage legal threat letter

Chilli2015

Registered User
Messages
4
Hi

I would appreciate some advice on our family mortgage, both my wife and i are self employed in our own businesses presently and our income stream is erratic. I lost a well paid job in 2011 due the company i was working in closing and since have been in and out of MARP but have always stuck to the agreed amounts and in fact cleared an arrears balance at the end of 2012 only to fall back into MARP in 2013.

I met with the bank in Feb 2015 to try and get them to agree to a long term solution for the mortgage and the advisor said i should propose a split which i was very happy to go for. However it was refused as the bank said we couldn't afford it. The advisor told me on the phone that they had strict affordability criteria to go by and in their opinion looking at the accounts of our businesses we could not afford the split option payment of €915 per month, he advised me to go and pay the €915 per month for 6 months and the end of that the bank would have to agree to the split. He works for the bank

However they told us we are out of the protection of Marp now and i received a 'Legal proceedings threat letter' today despite having paid 2 months so far of €915 - the split amount. Their wording on the letter says "The arrears above remain outstanding on your mortgage loan account despite our attempts to agree an alternative repayment arrangement with you"

I proposed a viable long term alternative but they refused it - Not sure what to do here, have called them and waiting for a call back, obviously very worrying.



Income details
Net monthly
Income self: Erratic as self employed - approx 2k

Income history: I was made redundant in May 2011 and since set up own business where income is up and down - not consistent.

Net monthly income partner/spouse: Erratic as self employed approx 2k

Amount of child benefit received: 2 children x €135 - €270
Amount of Mortgage Interest Supplement received - None

Two adult family


Do you need a car for work or do you use public transport? 1 car

Number of 4 - 11 years old: 2



Home loanLender: BOI
Amount outstanding: €406,000
Value of home: €380,000
Interest rate: Tracker variable ECB + 1.25%
Monthly repayment : €1752
Amount in arrears : €10,617

Summary of discussions and agreements with the bank - In and out of MARP since May 2011, cleared arrears late 2012 and then could not afford full repayment and fell back into MARP in 2013, have always paid the agreed amounts interest only periods.


Overdraft - amount outstanding: €900

Credit Card - amount outstanding :€6800
Credit Card - monthly amount you are paying : €150

Term loan Amount outstanding : €29,100 - no arrears on this - with same bank as mortgage BOI- for business expansion 3 years ago
Term loan term left : 6 years approx (The bank extended the term last year to reduce payment amount)
Term loan - monthly repayment : €485
Term loan - interest rate : 6.74%


Family loan - amount outstanding : €25,000
Family loan - monthly repayment : 0 - whenever it becomes available

Other savings and investments

Do you expect any lump sums in the medium term future? Redundancy, inheritances, injuries awards. No


How important is retaining the family home to you? Which of the following best describes your situation?

I really want to keep the family home even if it means having a large mortgage and negative equity for years to come.


What is your preferred realistic outcome? : The bank to agree on the split mortgage and then when things improve payments can be increased or at the end of the term the house can be sold to pay off the shortfall
 
This is almost exactly the same scenario I found myself in with boi 2 years ago. Unfortunately they will not put any of these promises in writing so after paying what they asked of me for 6 months, they were supposed to put in place a split mortgage as discussed. They upped the monthly payment requirement and said they would review again in another 6 months. Same thing again 6 months on again, they upped it with the 'promise' that a split mortgage would be put in place. Unfortunatey the final 'upped' payment request was beyond my means as I was already on 'bread and water'. My experience of this scenario is that Boi have no intention of coming to a reasonable long term solution. Due to the onset of severe health issues last summer I have passed all communicatons with them to be dealt wth by my solicitor.
 
From what I read BOI are being hard-nosed on arrears or anything that drops outside their computations.
.........................................................................................................
It looks like poster is stuck with another 6 months of uncertainty. So suggest accept the extra 6 months for now.
.................................................................................................................................................
Please ensure you record name/date/time you spoke to advisor who said {bank would have to agree to the split}.
That call should be recorded and if need be can be used as a lever in 6 months time.
Keep copies /notes of any and all communication.
From what I see ,your mortgage is sustainable with anything like a bit of luck.
In 6 months time your repayment capacities may well have improved so even BOI will be happy then!
....................................................................................................................................
I see you are paying 150 on credit card and 635 on term loan.
This 635 ? . If it was paid on mortgage + 200 would leave your ongoing mortgage payments on track?
Take advice from a good debt advisor because the unsecured debts can (wait) ie .the House is most important.
 
This is almost exactly the same scenario I found myself in with boi 2 years ago. Unfortunately they will not put any of these promises in writing so after paying what they asked of me for 6 months, they were supposed to put in place a split mortgage as discussed. They upped the monthly payment requirement and said they would review again in another 6 months. Same thing again 6 months on again, they upped it with the 'promise' that a split mortgage would be put in place. Unfortunatey the final 'upped' payment request was beyond my means as I was already on 'bread and water'. My experience of this scenario is that Boi have no intention of coming to a reasonable long term solution. Due to the onset of severe health issues last summer I have passed all communicatons with them to be dealt wth by my solicitor.
Thanks for the reply, this prompts me to get some legal advice for the first time. Not sure who is best to contact though, will have a look through a few.
 
From what I read BOI are being hard-nosed on arrears or anything that drops outside their computations.
.........................................................................................................
It looks like poster is stuck with another 6 months of uncertainty. So suggest accept the extra 6 months for now.
.................................................................................................................................................
Please ensure you record name/date/time you spoke to advisor who said {bank would have to agree to the split}.
That call should be recorded and if need be can be used as a lever in 6 months time.
Keep copies /notes of any and all communication.
From what I see ,your mortgage is sustainable with anything like a bit of luck.
In 6 months time your repayment capacities may well have improved so even BOI will be happy then!
....................................................................................................................................
I see you are paying 150 on credit card and 635 on term loan.
This 635 ? . If it was paid on mortgage + 200 would leave your ongoing mortgage payments on track?
Take advice from a good debt advisor because the unsecured debts can (wait) ie .the House is most important.
Thanks for the reply, Yes i think it is time to take advice from a debt advisor, the term loan is 485 and is with BOI also. Don't understand their tactics, if i start going down the legal route looking for a deal on the term loan etc surely its not in their interests for that to happen? I was happy to go with the split as a long term solution on the mortgage and the bank actually makes more on the interest long term!
 
Bank has come back to me after i outlined my proposal/case in a registered letter. They have said they will make an informal arrangement for the 6 months for the payment of €915 and at the end of the 6 months the case will be reviewed. Was explained the legal process will not proceed fully once this informal arrangement is adhered too.
 
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