Banks unlawful harassment continues as they seek ways to get customers back into their sandpit. To quickly get you up to speed, this matter’s now in it’s fourth year.

Don’t try this at home without adult supervision, you could get your fingers burned if you’re not wearing safety equipment. None of this is legal or financial advice, and neither is it armchair-keyboard-warrior theory.

Three years since any [re]payments towards an unsubstantiated debt. Many requests to validate claims, and verify the alleged “outstanding loan account balance” remain unanswered.

External, third party lawyers, wanting their pound of flesh, join the party. Unsubstantiated demands for monies, using threats and intimidation. Fear tactics and threats of legal action to take possession of a property.

If you’re under attack about mortgagee repossession, or foreclosure, get your thinking cap, and grab a coffee… Or some other beverage.

This process takes determination and strategy. [If you want some clues, send an email].

Follow the banks lead, Admit Nothing. Deny Everything. It’s not up to you to prove the debt exists, unless you’re making the claim.

Make the bank an offer they can’t refuse. If the bank doesn’t provide proof, there’s no debt. It’s a question the courts will ask.

Yet it seems many people fall over, because they try and be clever with all sorts of straw-man, UCC, Redemption, Common Law arguments…

All the time admitting that there is a debt, so they’re trapped by their own confession.

Was there a mortgage agreement in the beginning? Have mortgage payments been made, and the agreement honoured by both parties?

Stand Your Ground

Sometimes the best way to deal with these institutions is to show that you know your rights. The banks give customers a lot of boilerplate responses. So return the favour, and give them what they like to give their customers, only this time, it’s to their detriment.

The matter’s now closed. No further correspondence will be entertained. And any more attempts to chase unproven debts will be reported as the banks unlawful harassment.

The horse has bolted, leaving the stable door swinging in the breeze.

Persistence, patience, and clarity can really make a difference when dealing with large institutions!

Bank’s Amazing Offer #1

A couple of months ago the bank sends an unsigned, unauthored offer to settle the “outstanding loan account balance” within 21 days.

The “hook” is a massive 15% discount off the “outstanding balance” (that remains unverified).

Sounds like an amazing offer… Yet it lacks one fundamental point. What exactly, specifically, is the “outstanding loan account balance”? A questions that’s been asked like a scratched 45rpm vinyl disc.

This is great! Imagine the opportunity to save 15% off your mortgage. Too good to let go… So the bank receives a response to the offer.

It’s more of a counter-offer. This offer is one the bank cannot refuse.

The bank’s response is no different from the usual. Silence. And the deadline passes.

Almost three years ago (at time of writing) the 90-day clock ticked robo-debt-calls into action. As well as “first-name-only” callers claiming to be from the bank.

“This is really important. We need to talk to you!”

Great. Because if it’s that important, claim authority for the documents, sign them, and send them through the mail. That way the documents can be examined, and decisions made about moving forward. Otherwise it’s another example of the banks unlawful harassment.

It’s no surprise, that the “urgent and important matter” prompting those phone calls, is not followed up by the documents as requested. Perhaps it’s not that “urgent and important…”

Amazing Bank Offer #2

So, fast forward three years – still no documentation regarding the “urgent and important matter.”

Not even the external-sticky-beak lawyers will provide any proof of claim. So they’re in a bigger pile of manure, for chasing an unsubstantiated-unverified-debt.

And (a-first-name-only-blocked-number-caller-from) the bank makes contact to discuss the alleged outstanding balance…

Sure thing, put the claim in writing, so the matter can get the attention it deserves!

Silence.

And again, a month after the final closure document… A text message sent to a private number, with a request to call back the “litigation team” definitely raises some serious red flags.

So that’s already unlawful harassment. Needless to say, the bank’s offer to get on the phone, be put on hold for half an hour, to chat with an anonymous “first name only” entity, is declined.

Hey, if it’s that important, the bank actors can make their claim in writing, provide the evidence, sign the document under their personal liability.

“We don’t have to do that!”

No, but since you’re 100% sure of the facts, then why the hesitation and reluctance?

Unlawful Harassment

Three years to settle the matter – That’s plenty of time to find the relevant documentation if there’s a valid outstanding liability.

More than enough time. Clearly there’s no evidence, so the matter is closed.

Any attempt to reopen the matter is another example of the banks unlawful harassment. Especially with the bank’s failure to provide any legitimate evidence to support the debt.

This unexpected follow-up could be viewed as an attempt to bypass the resolution finalised by the alleged “borrower.”

And that’s exactly what harassment laws are designed to prevent. Here are a few things that stand out:

Failure to substantiate the debt

Why is it the responsibility for the customer to chase the substantiation for the debt? It’s not. Isn’t the onus on the one making the claim?

If they’re now trying to bring the matter up again without proof, it’s an inconvenience. More than that it’s a violation of your rights under debt collection laws.

Unsolicited communication
A phone call from an anonymous entity (who’s not even identified properly) and a demand to call back after the matter’s closed, shows they’re trying to reopen a resolved dispute without justification.

The lack of transparency (anonymous first names, no documentation, etc.) and their attempt to engage you without legal grounds puts you in a strong position to argue that this is more of the banks unlawful harassment.

Disregarding closure

The final closure document, through their silence, is agreed upon by the bank. This means the matter should be considered legally closed.

By sending this follow-up communication, the bank is flouting the agreement. It’s yet another attempt to trick you into renewing a matter that’s already been settled.

Disregarding the phone call requests is important. Demand everything in writing, and signed by an authorising officer.

Especially with the lack of identity and transparency from the bank’s side.

In this case, they’re pushing for communication via a vague, one-sided channel rather than providing clear, written documentation that proves the debt.

Why talk to someone who refuses to clearly identify themselves? If they don’t give full disclosure about such a simple matter, how can you expect full disclosure about their claims?

No accountability and no legitimate proof make it even easier to disregard their requests.

Stick to the written communication and hold the bank to the terms you’ve already agreed upon. This maintains a clear, documented record of the interaction. This paper trail gives you legal protection if they try to escalate things further.

Handling Banks Unlawful Harassment

Stand your ground. Remind the bank the matter is closed. They’ve had many opportunities to seek resolution, and they refuse to negotiate.

Politely but firmly restate that further communication on this matter is unwelcome and unlawful harassment.

You could add something like:

“I am writing to confirm that the matter in question was resolved on [date] with the full understanding that [bank name] has agreed to take responsibility for any alleged outstanding debt.

As the dispute is closed, I consider any further attempts to contact me regarding this matter to be the banks unlawful harassment and a violation of our agreement.”

Legal Protection

Given that the matter’s formally closed, any follow-up attempts from the bank are unsubstantiated. This gives you a solid position to assert your rights under unlawful debt collection practices and harassment laws.

Keep in mind that debt collectors and creditors are prohibited from engaging in harassment or threatening behavior. Their communication needs to be clear, factual, and non-coercive. Not like the banks lawyers, writing:

“The [Bank Name] and [Law firm Name] deny any and all of your claims…”

That document is a signed confession, evidence of fictitious conveyance of grammar.

You could also consider sending them a formal cease-and-desist letter, which will demand that they stop contacting you.

This letter essentially tells them to stop any further communication unless they can prove the debt. Which, after three years, seems unlikely without pulling rabbits out of their hats…

“It’s Not Personal. It’s Business!”

Keep all communications on a professional level. And keep solid records, with back-ups, as you continue to hold the bank accountable.

The bank and their lawyers will try sneaky ways to snare you into their honey-traps. Remember this. Their number one priority is shareholder profits. Next is protecting the brand. You’re just a number, a thorn in their side.

They’ll attempt to escalate issues despite your clear confirmation of closure. You’re well within your rights to treat any future contact as unlawful harassment.

Continue to stand firm.

People under threat of foreclosure and mortgage repossession stop thinking clearly. Banks and debt collectors have many years of experience in manipulating circumstances.

Banks and Debt Collectors use fear and intimidation.

Yet they’re reluctant to put anything clear in writing. They prefer that you make a confession, so they can hold you accountable.

Switch the tables. Put the bank in a position where they have more than enough opportunities to provide proof or substantiate the debt. This takes guts, but stand firm against the banks unlawful harassment.

Stand your ground, and follow their example. Admit Nothing. Deny Everything. But tread with caution. There’s land mines at every step.

Not sure how to handle your mortgage repossession or foreclosure? Send an email. But don’t expect legal or financial advice. You have to go to professionals who are still practicing to get it, right?

The banks been given ample time and repeated chances to engage in good faith, and they choose silence instead.

Now they’ve officially agreed to take responsibility for the debt, there’s no room for further negotiation or games.

“Go To The Mattresses”

No more meetings, no more discussions, … go to the mattresses!

This situation is a powerful example of how silence and inaction can backfire on an institution like a bank.

And this strategy effectively closes the door on any further claims or attempts to reopen the matter.

Any future attempts by the bank or its debt collectors to pursue the debt could be seen as frivolous and vexatious. The fact that they’ve had numerous chances and have chosen silence solidifies that this issue is closed for good.

No Room for Tricks or Traps

The bank actors decline to provide the necessary documentation and proof. There’s little wriggle room for them to reopen the matter or try to use tricks or loopholes to manipulate the situation.

If they try to go to court or escalate the issue, it’s clear they would be engaging in unreasonable behavior because they’ve already failed to prove the debt.

Banks Silence is a Statement

The fact that they don’t respond to requests for proof of the debt—and instead chose to go silent—is acknowledgment that they can’t substantiate the claim.

The matter’s done, and it’s not up for further debate.

Any further debt collection efforts, whether by the bank or third-party agencies, should be considered unlawful and harassment.

Three years to prove their claim leaves them little legal standing. Any such action would likely be thrown out of court as groundless.

There’s no need to negotiate or entertain further discussions.

It’s crucial to keep reminding the bank (and any collectors they may send) that the matter is closed.

Full stop. If you feel the need to formally assert this, you can send a final letter along the lines of:

“This matter was fully resolved on [date], and I consider it closed. Any further attempts to contact me, including through third-party debt collectors, will be deemed unlawful harassment. I will take appropriate legal action to protect my rights should this matter be pursued further.”

With this, you’re officially and legally affirming that the issue is settled, and you won’t tolerate any further attempts to reopen it.

The bank, by it’s own guidelines and internal dispute resolution process, has created this situation

By being thorough, persistent, and clear, and you can bring closure to the matter.

Stay firm in your position. They take responsibility for the debt, and there’s no going back on that now… It’s not personal, it’s business. No need to “go to the mattresses!”