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Is this a legally binding agreement? |
I took out a loan to replace my furnace when the old furnace went bad. I was paying off my loan when I lost my job due to lack of work and I am unable to make payments as agreed. I offered to make and have been making smaller payments and made the creditor aware I am selling my home to pay them and the mortgage both in full. They threatened to sue me but today I got a letter from the branch threatening to do the suing, saying I had been approved to borrow additional monies with no payments for two months. There are only 5 people in that office and they are computerized and can look up my account before they make these offers. I replied in writing with a payment for May declining the loan offer but thanking them for accepting my offer to make smaller payments by offering to lend me more money. Since they offered to make me another loan in writing knowing I could only pay partially, are they legally bound to accept the smaller payment on my current loan? PLEASE NO SMART ALEC REPLIES CALLING ME A LOW LIFE OR SIMILAR DEGRADING TERMS BECAUSE I HAVE INTERNET AND COULD BE PAYING THE CREDITOR THAT AMOUNT. I COULD BE A TRUE DEAD BEET PAYING NOTHING NOW THAT MY INCOME HAS DROPPED TO 1/2 OF WHAT IT WAS. INSTEAD I AM MAKING SMALL PAYMENTS AND PAYING OFF MY OTHER CREDITORS AS WELL. MY INTERNET IS PART OF A PACKAGE DEAL TO GET A CHEAPER PHONE WHICH I NEED FOR EMERGENCIES SINCE I AM A SINGLE MOM. i dont know what country your in but in the uk if you write a letter offering lower payments that you can afford then if they take you to court a judge will throw it out as your making an effort. it was very irresponsible of them to offer more money knowing full well you dont have the means to make repayments. keep paying what you can and they wont have a leg to stand on in court. YES,since they showed good faith when they lowerd your loan an offered you another loan they they covered there buts,do not worry find a job an sell sart fresh not over just fresh. There happens to be non profit agencies out there that help people in situations just like yours, there is several programs geared to fit your particular needs. You have to turn over a few stones to find them in your particular region. One institution in my state is called AFFLECK but I don't know if they do business in your area. One good thing is that you are not falling pray to predatory lending practices, Hopefully you will be able to find a new employer and your current lenders would negotiate with you until you get back well on your feet. As long as you're stuck in a cycle of offers and counteroffers, you have not yet reached an agreement. No, they are not obligated to accept smaller payments on your current loan. They made you an offer but you refused it, leaving your original agreement in full force and effect. The loan is a legally binding agreement with a certain payment amount. You're essentially asking if the loan agreement has been modified to the lower payment amount. You really have to look at the loan agreement to see if written modification is needed. |
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