Consumer complaint received 2019-10-16
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process — 
Company: M&T BANK CORPORATION (NY)

I am writing a letter of complaint below against M & T Bank. 
I On Wednesday, XX/XX/XXXX, I had a package from M & T Bank that M & T Bank set up a new repayment plan and I found there is {$9700.00} of Bank Attorney fee and other charges for setting up another repayment plan. I had already a repayment plan set up ( M & T Bank v. XXXX, XXXX, Index No. XXXX ) in the year of XXXX and the bank said that the existing repayment was suspended due the returned check payment in XXXX, XXXX. 

My repayment plan started XX/XX/XXXX and I've been paying every month over the phone with the help of XXXX of M & T Bank until now. 
The payment of XX/XX/XXXX was supposed to be taken out on XX/XX/XXXX but I confused the date as XX/XX/XXXX and I only recognized on XX/XX/XXXX that the check was returned. Immediately, I called XXXX and M & T Bank to solve the problem and advised redeposit. XXXX Please see attached copy Doc # 1 of my phone bill to see that I called to M & T. ) Since XXXX was not in the office I left a message on her voicemail explaining what happened and asking for returning my call to redeposit and also called the other M & T staff. I asked the other agent to redeposit the check but he kept saying that the payment went through. 
Finally, I spoke to XXXX telling what happened. She just advised me for the payment of {$7600.00} in XXXX and paid another {$7700.00} in XXXX. 
I thought everything is fine since I've been paying the repayment every month and XXXX was taking the payment as usual. I don't know how much I should pay each month and that is why I called XXXX and she helped me. I did not know either the money I paid went to XXXX payment or XXXX payment since no one from M & T explained to me when I call M & T for the payment. Normally at the end of the repayment plan, the bank will recalculate all the payments and they will let me know the final balance. 

Recently I've kept calling XXXX to arrange the payment and left a message and I spoke to the other agent for the payment and he said he can't take the money since the system doesnt allow and said I need to talk to XXXX about this issue. Both he and I left a message to XXXX and she returned my call. She said the system does not allow her to accept my payment and she will find out the reason. 
Since I have no returning phone call from XXXX, I called her again and she told me since the check was returned on XXXX, the system is not allow and she need to ask to the bank attorney what to do. 
At this point, since I don't know much about the bank system, I told her that I paid each month with her as she knows and I don't want to pay any more to the bank attorney and I insisted that I wanted to pay to the bank. She kept saying that she can't take the payment since the system doesn't allow and send my case to the attorney. 

The above is the situation that I know of. 

And the below is my defense. 

1. I've been trying hard to pay each month. As you see the attached document, I misunderstood the payment date as XX/XX/XXXX and the balance was available there on XX/XX/XXXX and thereafter to pay the XXXX payment ( See attached Doc # 2 from the XXXX XXXX ). When the XXXX payment was returned, I've been calling so many time to ask for help and redeposit. I did not neglect the situation ( See the attached Doc # 1 from XXXX XXXX XXXX ) but I only had a chance to talk to XXXX on XX/XX/XXXX. 
Neither XXXX of M & T Bank who I always spoke in each month nor I was knowing that there was an issue so I paid and XXXX received the payment as usual without letting me know what to do to prevent the suspension of my repayment plan. So I paid 2 more  payment after XXXX without any objection and tried hard to pay XXXX and XXXX. And also I thought I am supposed to pay more at the end when the M & T finalize the XXXX repayment plan in XXXX, XXXX. 
2. M & T should have let me know for the arrear before they stop and reissue the repayment plan with huge fees. It is obvious when people see my payment history that I've been paying each month without skipping. XXXX is the one who I always spoke in each month for the payment. She shouldve given me an exact payment amount and an answer when I asked her for help before she just sent my case out to the bank attorney for a new repayment plan. 
3. The most important thing is that me and my husband can not afford to pay {$9700.00} of the bank attorney fee again. I've already paid the fee 2 years ago and this is the same case. I remember also, in XXXX, I was in the middle of applying for the mortgage modification with M & T Bank since we had a financial difficulty at that time but it was declined and all of a sudden we've received a foreclosure notice from M & T Bank and paid the bank attorney fee and other fee unneccesarily for setting up the repayment plan without other choices. I can't pay another {$9700.00} again for the same case at this point. 
4. I am hardworking person and not a rich person. Last 2 years, we tried very hard in each month. You can see my bank account balance, mine always fall low the end of each month but we still working hard to keep the house and pay the debt to the other credit card company. 
5. We want to pay off {$34000.00} or so of the balance of XXXX repayment plan and close the case by the end of XXXX. I don't need another repayment plan which costs money and time for us to struggling hard to keep the house. The M & T Bank suggested me for 10 % down and 36 month repayment plan on the new letter. That means in worst case, if something happens in next 3 years, if I miss even 1 month payment by accident ( I hope this will not happen ), the bank will stop the repayment plan and charge me another {$10000.00} fee again and again. 

The law should exist against bad person who doesn't pay with bad intention or someone who neglect their duty. 
But us, we were trying hard to keep the rule and keep the word. 

Thank you for allowing me to write this letter of complaint.