Complaint Review: Hibernia National Bank

Don't believe Hibernia National Banks ads; "Hibernia Natioanl Bank helps Louisiana families." LIES!! Former husband and father of my children had truck loan with Hibernia National Bank. He became very ill in April 2003 as a result of diabetes. He was out of work for a long time, ran out of sick time pay, vacation time, etc. Had many doctors bills, hospital bills and medicine needs. Was unable to continue his work schedule and was forced to ask Hibernia National bank to "take back" his truck. He had upgraded at his own expense and the truck was in better condition than when he purchased it.

Kept it immaculate. Took care of his truck better than he did himself. Bank loan officer refused to take it back. Husband was forced to stop making payments and hoped that they would repossess. They did not. Instead they hit his checking account at Hibernia National Bank for one months payment without his knowledge. Other checks for necessary medicine, doctors, utilities, and food bounced! He did not give them a second chance, he closed his checking account. An attorney told him to take the truck back to the bank and give the keys to a bank officer telling him he could NOT keep the truck. He did so on July 19, 2003.

In August 23,2003 he passed away. Hibernia sold his truck for $5,500 less than the balance on his loan. They sent a letter to his former address around October 2003. We responded with notice of his death with a copy of the death certificate. Brian Brooks, the loan officer, told my daughter it didn't matter that he had to pay the amount. She told him to contact the attorney handling succession. At the time the house sold in February 2004 and during the title search, we learned that Hibernia had a lien on it for the $5,500.00 plus court costs of $900.00.

According to Louisiana civil codes related to debt of a deceased, the order in which anything gets paid is very clear. Funeral expenses, burial expenses, expenses related to fixing or preparing an asset (his home) to be sold come first before any unpaid debt. We had paid from our own funds over $16,000 for those expenses and were sure that the sale of the house would net most of that but not all. Much to our surprise, Hibernia's lien has held up $6,900 of the net profit and we are out that money. Off course to go to court will cost more than that.

I finally reached a senior officer at the bank and explained our situation and provided information regarding the civil code articles related to the order in which payment of debt was to be made. The bank finally agreed to release the lien after I offered to pay them the legal fees of $902.00. It is July 20,2004 and we still have not received the $6,500 that the title company is holding. The release has not been filed with the courts, We paid the $902.00 a month ago and now we are told it will be another week. So now we are out $7,402 dollars because some loan officer at Hibernia National Bank has no heart.

I have my own personal checking account at Hibernia, had planned to convert 401k funds to an IRA at Hibernia, have a credit card with Hibernia, have my car financed with Hibernia. I will close my checking at Hibernia, have gone to Merrill Lynch with my IRA, will pay off the credit card and try to transfer the car loan to another lender. I urge all of you to do the same.

Irene
Marrero, Louisiana
U.S.A.