AIB Alternative: How to respond to AIB's 2nd response to Appeals Panel

blackdan

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I send t a reply today which used the above as template.I left out restaurant references as I felt they might
be seen as too simplistic even though they make the point very well.Any way there maybe some bits I have included
that might be of use Dan Horgan
 

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  • Suggested response to AIB's june2019.docx
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Hi Brendan,
I received my 2nd response from AIB last week and rang BDO requesting permission to submit additional comment. I am just waiting on the letter from the BDO giving me permission to submit my response (hoping it's today) but I have my response ready to go. I used information from the suggested response but I also did a bit more research and added a few more arguments commenting on particular legislation etc. I've attached my response below. I know the last response I posted caused a bit of confusion (mainly down to a typo on the one of the years) but I just thought I'd share my response. People are more than welcome to use anything from it or not use it at all, I just thought it'd be helpful to post it. Since getting involved in this appeals process I have noted that you, Brendan, have done the lion's share of the work with the appeal and I think it is important that all those involved in the appeal should contribute in any way they can. I believe that by collaborating together and each sharing our thoughts/ideas we can make a much stronger argument going forward. Thanks for all your help Brendan and I hope my response can be of some help.

Elaine
 

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  • Response to Bank's 2nd Response.docx
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Hi Black Dan
That is great.

Some very good points being made including

"I also challenge the wording of in the statement i.e. “reintroduction of a prevailing rate”. A prevailing rate cannot be reintroduced only a new one set which in turn becomes the prevailing rate and replaces the prevailing rate which was in place before it. This emphasises the fact that the Bank do not understand the ordinary meaning of the word prevailing and are choosing to apply a meaning to it that suits their narrative and position."

I laughed out loud at this:

”. The approach of repeating this statement is reminiscent of the Donald Trump approach i.e. say it often enough and it must be true."

Brendan
 
Last edited:
Hi All,

Thanks to Brendan, Lainey82, blackdan and all others for posting their responses and providing guidance on this issue. I would be clueless without it.

Just one thing I spotted in Lainey82's letter. "I challenge that the Bank did have a prevailing tracker interest rate and it was ECB + 1.5% until they changed this rate in 2013."
In rereading my original submission I had stated under redress required "We want the tracker rate of ECB +1.25% from the date our fixed rate ended."

Might not be important but just in case others are copying and pasting their responses, to fact check it to maintain consistency in their response.

Thanks, Seán
 
Hi Sean,
In our first reply to the Banks first response we clarified that we’d made a mistake in the initial appeal and that the rate was in fact 1.5% and not the 1.25% we stated in our appeal letter.
Hope this helps.
 
Just wondering if anyone has received a response to their second response. I submitted my second response on 14th June and today got a letter stating that my appeal was still receiving attention and was with the panel, thank you for your patience etc...I called BDO and was told they sent my second response to the bank on 19th and the bank responded saying they have nothing further to add. Seems strange the bank has not challenged these additional arguments ?
 
Got another letter from BDO yesterday saying my appeal is still with the bank. This is the second response from BDO after i submitted my second letter of appeal, it appears to be taking longer this time . Probably a final answer coming shortly
 
Bank hasn't challenged my second response either. Panel will look at it in July according to BDO
 
Sent in my 2nd response this morning. Thanks to Brendan and Lainey82 for the help on the response.
 
Hi Brendan,
I received my 2nd response from AIB last week and rang BDO requesting permission to submit additional comment. I am just waiting on the letter from the BDO giving me permission to submit my response (hoping it's today) but I have my response ready to go. I used information from the suggested response but I also did a bit more research and added a few more arguments commenting on particular legislation etc. I've attached my response below. I know the last response I posted caused a bit of confusion (mainly down to a typo on the one of the years) but I just thought I'd share my response. People are more than welcome to use anything from it or not use it at all, I just thought it'd be helpful to post it. Since getting involved in this appeals process I have noted that you, Brendan, have done the lion's share of the work with the appeal and I think it is important that all those involved in the appeal should contribute in any way they can. I believe that by collaborating together and each sharing our thoughts/ideas we can make a much stronger argument going forward. Thanks for all your help Brendan and I hope my response can be of some help.

Elaine
Hi Elaine. This is s good response. Have you ever had a reply to this letter?

D
 
I came home today to receive a letter from the BDO with AIB's Response to my 2nd Response. Before I submitted the above letter I re-read over all my documentation and I realised that in AIB's response they made the following statement:

"The Customer includes two sentences in quotation marks in her Additional Submission. It is not clear from where the Customer claims to have taken these apparent quotes. The second sentence, in quotation marks, stating "we had a prevailing rate but we did not offer it to you" is misleading. The Bank did not say this"

At no stage in my 1st Response did I not reference anything in quotation marks and neither did I put in the "second sentence in quotation marks". So I called them out on this in my response indicating where I had referenced every single quotation in the previous response and as for the "second sentence" I added the following:

"At no point in my previous submission did I make this statement and for the Bank to include a response of this nature, that would cast aspersions on my integrity, is highly unprofessional.
From both the quotations above, which are clearly referenced, it leads me to believe that the Bank did not read my response and instead sent me on a generic response. I have spent a considerable amount of time carrying out research, discussing the issues at hand with subject matter experts and other concerned parties and carefully constructing both my previous and current responses. I would expect for the Bank to conduct itself in a professional and ethical manner and treat not only my appeal, but every appeal with due diligence, care and consideration as opposed to sending me a generic response that is not wholly reflective of the response I submitted."


So the Response I got back from the Bank today, through the BDO stated the following:

"The Customer has raised a number of points in her additional submission, the majority of which have been responded to by the Bank in our Case Summary and Response and in our Response to the Customer's First Additional Submission.
However, in relation to Point 4 of the Customer's 2nd Additional Submission, the Bank acknowledges that the two quotes referred to by the Customer that we had included in our Response were attributed to the Customer in error. We would like to apologise for this error, and confirm that the Customer did not include these two statements in her 1st Additional Submission"


The BDO cover letter was the same as the previous one attached to AIBs response, so I have 5 days to contact BDO if I wish to make any further submissions.

I'm pretty sure I will be receiving the same rejection letter as everybody else pretty soon but this was proof that AIB are not even reading all submissions and throwing back generic responses.
 
I came home today to receive a letter from the BDO with AIB's Response to my 2nd Response. Before I submitted the above letter I re-read over all my documentation and I realised that in AIB's response they made the following statement:

"The Customer includes two sentences in quotation marks in her Additional Submission. It is not clear from where the Customer claims to have taken these apparent quotes. The second sentence, in quotation marks, stating "we had a prevailing rate but we did not offer it to you" is misleading. The Bank did not say this"

At no stage in my 1st Response did I not reference anything in quotation marks and neither did I put in the "second sentence in quotation marks". So I called them out on this in my response indicating where I had referenced every single quotation in the previous response and as for the "second sentence" I added the following:

"At no point in my previous submission did I make this statement and for the Bank to include a response of this nature, that would cast aspersions on my integrity, is highly unprofessional.
From both the quotations above, which are clearly referenced, it leads me to believe that the Bank did not read my response and instead sent me on a generic response. I have spent a considerable amount of time carrying out research, discussing the issues at hand with subject matter experts and other concerned parties and carefully constructing both my previous and current responses. I would expect for the Bank to conduct itself in a professional and ethical manner and treat not only my appeal, but every appeal with due diligence, care and consideration as opposed to sending me a generic response that is not wholly reflective of the response I submitted."


So the Response I got back from the Bank today, through the BDO stated the following:

"The Customer has raised a number of points in her additional submission, the majority of which have been responded to by the Bank in our Case Summary and Response and in our Response to the Customer's First Additional Submission.
However, in relation to Point 4 of the Customer's 2nd Additional Submission, the Bank acknowledges that the two quotes referred to by the Customer that we had included in our Response were attributed to the Customer in error. We would like to apologise for this error, and confirm that the Customer did not include these two statements in her 1st Additional Submission"


The BDO cover letter was the same as the previous one attached to AIBs response, so I have 5 days to contact BDO if I wish to make any further submissions.

I'm pretty sure I will be receiving the same rejection letter as everybody else pretty soon but this was proof that AIB are not even reading all submissions and throwing back generic responses.
Hi Lainey,

In their last response to me, they attributed a small quote to me which on re-reading my own previous submission I did not actually say. The text in question was part of the generic response that was suggested here but I did not use that particular section. As you have pointed out, it's clear they are not dealing with these appeals with with due diligence, care and consideration. I will be pointing this out to them in my next response.
 
Got response to my 2nd submission..focuses on interpretation of prevailing I am worn down and don't know anymore how to respond. I have until 6th Aug to go back to independent secretariate
 
Hi ellsbells

Presumably the response is the same as the response in this one?


If so, send the suggested response or else send the alternative as set out in the current thread.
Brendan
 
Hi Brendan
I've (hopefully)attached the response I got from them. I had sent the response re restaurant analogy so where to now
 

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  • Xerox Scan_26072019090701.pdf
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