bank harassment and bankruptcy

edellc

I am writing on behave of a friend of mine who is very worried about her situation

She had a CC and was fine with it until a few year ago when she had a very bad experience in work and ended up out ill, she went to a solicitor about it and after a year was told to drop the case as she would loose, however there was no way she could go back to that employment...during this turbulent time she sent letters to bank explaining her situation and offered to pay some money weekly as she was receiving illness benefit, she moved and didnt live near a bank but wanted to pay on line by bank transfer but they shut her account, the bank lost letters and acted in a very unprofessional manner, she was receiving up to 20 phone calls a day from them - it wasn't a huge bill about 2.5k, and she did eventually hide her head in the sand as she was such a nervous wreck with getting bullied in work, solicitor then slapping her with a big bill after telling her that it was a no win no fee basis and then she found out she was pregnant and advised by gp no to go back to her employment for obvious reasons and the stress was having a bad effect on her pregnancy

She had to move around a bit in this time also and its only in the last few months that she had gotten herself together to touch base with bank, they have gone to court and now have a sheriff looking to reposes stuff, she actually owns nothing, no house no car and is still on welfare, she wrote to the sheriff who in turn got the solicitor for the bank to send a means test to her which she filled in, and the only reply she got was a letter from solicitor stating they are taking further action

She is now back to being a nervous wreck and has offered to pay 10euro a week or 50euro a month and is still looking to seek employment but they seem to have ignored this offer completely, she has wanted to declare herself bankrupt as she really cant see a way out of this and does want to pay,but they want the lump sum which now stands at over 5k and she just doesnt have it nor has anyway of getting it, she also feels that even if she is bankrupt that is not a big deal as she will never be in a position to afford a mortgage or anything else so why is it such a big deal to be declared bankrupt, any solicitor she has asked about this has dismissed her and advised against it yet she doesnt know what else to do, any suggestions??

caff

She needs to get in touch with a professional financial advisor

Tom Young

I will leave this open, but it's very close to the seeking advice category in the Charter.

You know the one that you read, stating that you can't come here and seek legal advice?

Tom

MagicSean

She should contact MABS and also make a complaint to the law society and financial regulator.

edellc

sorry Tom, I am a member long enough and do know the charter

Not looking for legal advice more as to where to turn re bankruptcy, as far as I can remember she did go to mabs years ago when this started and they arranged for her to pay a small sum of money a week, however she moved way out and not near a bank and it cost more for her to get transport to the bank than she was actually paying them I know she did request that they keep the account open so she could transfer the money into the account either monthly or weekly but they just ignored this and closed the account on line, she let mabs know that the cost of getting to the bank versus the amount she was paying and then it seemed that communication just stopped not sure who was to blame for that but thats if my memory is right what happened

Does she need to go to a financial advisor to apply for bankruptcy? and does it cost anything

also how do you go about making a complaint about the bank

ResearchWill

I'm not giving advice but Bankruptcy is not an option in Ireland really not an option.

http://www.nationaldebtrelief.ie/bankruptcy.html

Quote from the above "Bankruptcy proceedings can be very tedious and expensive. With the advertising costs involved and Solicitor's and Counsel's fees in relatiion to 2 separate High Court attendances (assuming the Bankruptcy is not appealed by the Debtor) the total costs will almost certainly exceed € 6,000."

While the above advice is aimed at creditors, it stands for those in debt as well. Unlike the UK the system in Ireland is not easy or cheap.

If you have a local credit union approach them, not for a loan but for advice, many offer a service to have your wages or social welfare go to them and they pay your creditors.

MABS has also mentioned, contact them.