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How can I get bank to leave a mistake they made as is good for me?

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  • How can I get bank to leave a mistake they made as is good for me?

    Hi forum, I'm not active on the forum reason I think am not much into property investment but I do follow the forum.

    I have a question I would like ideas and advise on. Seven years ago, I started well on property as I bought one house I lived, with mortgage from A bank. After about two years I had enough equity to buy a rental property for retirement (It's on guaranteed rent with HousingNZ but I have to top up the rent to pay the mortgage for about $500 fortnight) with same A bank.

    Unfortunately 2 years later I lost my job and having to pay 2 mortgages with wife studying, no income, I jumped into business. 2 months later I got another job but starting low (about 3/4 of where I was). Then wife insisted I must return to job and sell the business but couldn't get it sold, so liquidated it and went into debt of about $150k. Since 4 years ago, we have been battling with the debt, sold the live-in house December 2014 and since, renting to cut costs. Wife stopped schooling and working but only got casual and we have only paid the debt down to about 40k which are with about 5 different credit and store cards costing between 25% and 30% interest rates. I have withdrawn close to $20k from my kiwisaver to get to that level.

    Wanted to sell the rental house but no luck yet or at the price we were looking (looking to be able to pay off the debt and have deposit to buy another house to live in) but unfortunately the property price has jumped by more than 30% in Hamilton since Dec 2014. No bank was ready to listen as I tried to consolidate the loans into my mortgage or personal loan at a lower rate, not even the bankA that we have the rental property with; no mortgage broker thought there was any chance.

    I moved my income to another bank B and was paying all the debts from there such that every pay is going on bills and debt payments. Few weeks into December same bank B sent me a letter offer CC with zero fee and 2% interest on balance transfer. I was reluctant to approach them but I eventually approached them specifically asking them for a CC to transfer the debt balance of about $7.5k that I have with bank C which is annoying because they charge me interest rate and protection fee that is every close to the automatic payment I set up on the card, so the debt stayed stagnant despite the regular AP.

    To my surprise the bank B approved a CC of $8K limit and transfer 95% of my balance. I was so happy. Within 2 days again, I logged into my account and saw they the check account I have with them where my income goes has been changed to a facility of flexible home loan with limit of $30k at 5.7% interest. Initially I thought it was a mistake, then later I thought it was a miracle because I believe in miracles. Then I thought what could I do, then I used the limit to pay off all the credit and store cards thinking the bank saw my account anyway that all my income was going to paying debt and bills so, may be they wanted to help me with consolidation even though I didn't ask them because I know I wouldn't qualify for that.

    Unfortunately after a week, the local branch called me to ask how did I get the facility and I said I didn't know. they said I have to pay back all the $30k because it was a mistake from their 'back office' as I didn't have mortgage with them. I got sick psychologically since then, but just kept quite and hoping for the best, I went into the branch to see them though not knowing what to say and decided not to say anything, the store manager emphasised it was their mistake but they must fix it with a personal loan. they said they would work hard within maximum of 2 days to get their loan team to approve a $30k so they can withdraw the facility. More than 1 week passed and I didn't hear from them. After almost 2 weeks they came back with an offer of $38K personal loan with 18% interest rate to pay till 2022 and I begged them that I have canceled all credit and store cards and that at least $1k will be left in my account every fortnight; (one fortnight has passed and they saw about 1.3k left in the facility after i paid bills) meaning I will pay the facility quickly at the lower interest rate. Also, am happy to move my mortgage to them but just that am fixed rate with Bank A till sept 2017 when I can move it so I don't get charged breaking fee. The branch manager insisted no, that I must come and sign the personal loan within next 3 days as the only option they can offer. Meanwhile 1 day earlier, their 'back end' officer sent me a letter to increase the interest rate on the facility from 5.7 to 5.8%. I was confused, as I don't want to argue with the store manager that it was their mistake but I wish there's anything I could do to get the manager change his mind and leave me alone as this facility will help me to pay off within 1.5 years at most at a lower interest rate. Sorry for the long story but I just want an informed advice or idea if anyone out there has one. thanks

  • #2
    As far as I know, there's nothing you can do on the flexible facility. The bank has the right to take that away whenever they want, and demand repayment.

    There are credit cards that allow balance transfers at a low rate, 0-5%. Get one of them for as much as you can pull together, and continue to pay it down as hard as you can.

    Your debt is an emergency. But it sounds like you already know that. Get a second job. Eat cheaply. Rent out a room in your house. Anything to get extra income to kill that debt.

    Talk to your first bank with the mortgage, let them know you're in financial hardship, they may allow your loan to go interest-only for a few months. But it's imperative you funnel anything extra into that debt.

    The personal loan at 18% is better than you'll pay on a credit card.
    AAT Accounting Services - Property Specialist - [email protected]
    Fixed price fees and quick knowledgeable service for property investors & traders!

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    • #3
      relieving to hear this. much appreciated

      Comment


      • #4
        If you believe in miracles the fact that you have been approved for a personal loan with that history is definitely a sign that some deity is looking out for you.

        September is only 8 months away, if you want you could wait out the personal loan and refinance. Really a break cost is the least of your worries here though - why not just move your mortgage right now? Strong chance interest rates will be higher when you go to refix.

        I'm really not seeing the bank keeping that facility open and if you want to fight them it will be escalated and will not end well.
        Your Home Loan - Wellington Mortgage Broker
        [email protected]

        Comment


        • #5
          Originally posted by Anthonyacat View Post

          There are credit cards that allow balance transfers at a low rate, 0-5%. Get one of them for as much as you can pull together, and continue to pay it down as hard as you can.
          BNZ currently offer a 0% balance transfer for 12 months.
          My blog. From personal experience.
          http://statehousinginnz.wordpress.com/

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          • #6
            breaking cost will be about 10k, they told me

            Comment


            • #7
              Originally posted by samsinclair View Post
              breaking cost will be about 10k, they told me
              Interest rate must be quite high as well then. Have you calculated your saving based on a lower rate?
              Your Home Loan - Wellington Mortgage Broker
              [email protected]

              Comment


              • #8
                You need to talk to the banking ombudsman as well as your lawyer. The bank has made the mistake and is now penalizing you for it. I would then contact the bank telling them you won't sign anything until you have recieved advice from the ombudsman and your lawyer.

                You may have acted wrongly to use the money in the first instance knowing it wasn't what you asked for. However, the bank has a duty of care also. Play hard with them. You need to regain the control.
                [email protected]

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                • #9
                  Originally posted by Wellington Broker View Post
                  Interest rate must be quite high as well then. Have you calculated your saving based on a lower rate?
                  No, I dont know how

                  Comment


                  • #10
                    Originally posted by Monkeyboy View Post
                    You need to talk to the banking ombudsman as well as your lawyer. The bank has made the mistake and is now penalizing you for it. I would then contact the bank telling them you won't sign anything until you have recieved advice from the ombudsman and your lawyer.

                    You may have acted wrongly to use the money in the first instance knowing it wasn't what you asked for. However, the bank has a duty of care also. Play hard with them. You need to regain the control.
                    I agree with this, and if nothing else you will get a reprieve on the timetable until the complaint is resolved. Link below. You have to complain to your bank first. Not quite clear to me that what you outlined constitutes a complaint but it probably does. The Ombusdman holds the complainant to a lower standard of reporting than the bank.


                    Search for and make a complaint online about an insurance companies or financial service provider. Read helpful tips when taking out insurance or investing

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                    • #11
                      Originally posted by samsinclair View Post
                      No, I dont know how
                      Well what's the loan amount and interest rate? I can do the calculation. PM me if you don't want to post it
                      Your Home Loan - Wellington Mortgage Broker
                      [email protected]

                      Comment


                      • #12
                        Yeah, but I don't have energy to fight. This debt sometimes set me into depression

                        Comment


                        • #13
                          Then get help! Or give up and declare bankruptcy. Let me tell you with certainty, the former is a much better option.

                          If you've got the energy to post on the forums here, you've got the energy to write letters to the various people you need to.

                          But if you've no intention of taking actionable suggestions on board, perhaps best not to ask for them.
                          AAT Accounting Services - Property Specialist - [email protected]
                          Fixed price fees and quick knowledgeable service for property investors & traders!

                          Comment


                          • #14
                            Sure, I will take actions based on suggestions am getting. I have seen my accountant who advised me to try bank I have mortgage with for consolidation again since I have some equity now. But am still exploring options. Thanks again

                            Comment


                            • #15
                              samsinclair, thank you for posting your story. All we normally hear about is someone who has bought like 10 properties in 2 years, is now a multi-millionaire and has left their job to become a mentor. Not mentioning any names
                              But of course there will be many people (I have a good friend in this category) who have lost it all, or even worse, in debt. I hope you can sort this out asap. You need to be able to have peace in your life. This is the sort of thing that splits marriages up.

                              I want to focus on this bit:

                              Wanted to sell the rental house but no luck yet or at the price we were looking (looking to be able to pay off the debt and have deposit to buy another house to live in) but unfortunately the property price has jumped by more than 30% in Hamilton since Dec 2014. No bank was ready to listen as I tried to consolidate the loans into my mortgage or personal loan at a lower rate, not even the bankA that we have the rental property with; no mortgage broker thought there was any chance.
                              Ok, so:

                              1) You obviously have a lot of debt if no one will consolidate it into one mortgage.

                              2) The sale price of the rental property has nothing to do with how much you need to buy another property. The price you can get is the market price, regardless of your financial position.

                              3) Does the rent from the rental property fully pay the mortgage on it? Does it leave any money left over? Or are you having to put money in to pay the mortgage? If it is costing you money each week, then you need to sell it.

                              4) This sale should pay off the mortgage and hopefully leave you will a little bit of cash to pay down the credit cards. Is this the case, or will you be even more in debt if you sell?

                              5) If you can sell the rental property, then I'd try and consolidate the CC debt into one personal loan, and pay it down as quickly as possible.
                              Squadly dinky do!

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