Not Co-Operating Borrowers


Definition of not co-operating

It is essential that you co-operate with permanent tsb in relation to your current financial situation. If you fail to co-operate with us, you may be classified as ‘not co-operating’, which may result in the following:

  • You will lose the protection given by the Mortgage Arrears Resolution Process (MARP).
  • Legal action may be taken immediately. Where legal proceedings have begun, you will be responsible for legal costs. If legal action is necessary, it is important to be aware that regardless of how the property is repossessed and disposed of, you will remain liable for any outstanding debt, including any accrued interest, charges, legal, selling and other related costs.
  • This may affect your eligibility for a Personal Insolvency Arrangement in accordance with the Personal Insolvency Act 2012.
  • Charges and/or interest may be imposed on any arrears that arise on your mortgage account.
  • A charge of €10 may be applied to your account for unpaid Direct Debits.
  • Estimate of costs for legal proceedings;

In an event where repossession proceedings would commence and are not defended by you, then it is estimated that the costs and outlays incurred will amount to approximately €4,500.00 - €6,500.00.

In the event of proceedings being defended and/or adjourned on a number of occasions and/or if the proceedings are deemed complex and/or in the event of any appeal or applications for an extension of stay on any order made, additional costs will be incurred and if awarded will be charged to your mortgage account and will be payable by you. It is estimated that the costs and outlays incurred in respect of such proceedings will amount to approximately €13,000.00.

How do I become classified as a not co-operating borrower?

Under the CCMA, you can be classified as not co-operating when:

  1. Any of the following apply to your particular case:
    1. You fail to make a full and honest disclosure of information to the Bank that would have a significant impact on your financial situation.
    2. You fail to provide information relevant to your financial situation within specified timelines.
    3. A three-month period goes by, where you have not entered into an alternative repayment arrangement, and during that time you have:
  • Failed to meet your mortgage repayments in full in accordance with the mortgage contract;

or

  • Met your mortgage repayments in full in accordance with the mortgage contract but continue to have an arrears balance on the mortgage;

Or

Where you have entered into an alternative repayment arrangement, and failed to fully meet repayments as specified in the terms of the alternative repayment arrangement and you have:

  • Failed to make contact with, or respond to any communications from the Bank or a third party acting for the Bank;
  • Made contact with, or responded to communications from, the Bank or a third party acting for the Bank, but have not engaged in a way that enables the Bank to complete an assessment of your circumstances.
  1. A warning letter has been issued to you and you have not carried out the action(s) specified in that letter.

For more information, please see the Central Bank of Irelands Code of Conduct on Mortgage Arrears (pdf, 1.1 MB)

How to remain in contact with us

There are many ways for you to remain in contact with us.

We have a dedicated team available to take your call on 1800 855 010 or 021 601 3700.

Opening hours:

  • Monday to Friday, 9am to 8pm (excluding bank holidays)
  • Saturdays 9am to 1pm.

You can call in to any permanent tsb branch. We have a team of trained staff at all of our branches that will help you if you feel you may have difficulties repaying your mortgage. 

We also have a dedicated Mortgage Arrears section on our website with useful information for customers experiencing difficulties repaying their mortgage.

How to pay:

To arrange for payment of the amount due you can:

Lines are open from Monday to Friday from 9am until 8pm and Saturdays from 9am to 1pm (excluding bank holidays)

Failing to fully engage with us to address the arrears may leave us with no option but to consider you as not co-operating

Make a payment to your mortgage account
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