Bank says fixed rate will move to tracker, Morgage agreement shows otherwise :-(

One thing I have learned over this episode is never to take at face value what a call centre rep tells you whether they are Bank or Financial Regulator staff,I am reminded of the William Goldman quote "nobody knows anything"

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Try not to give up, it's tough to keep battling but it will be worth it. I'm fighting my own case and also have the 16 to 20 week delay but am not under pressure time wise or money wise. You too are giving us all good advice with your experiences. Nobody should be prepared to accept at face value what any expert or body says, that's quite clear from your experiences. Don't underestimate how that will help others. Challenge it and continue to challenge it until you get satisfaction would seem to be the name of the game.

Question? What happened after the 16 to 20 weeks did they send you another letter saying there was another delay.
 
Question? What happened after the 16 to 20 weeks did they send you another letter saying there was another delay.

The investigation is started by a Senior Investigator who will confirm to you in writing that the file is on his desk that the investigation has commenced and that he has sent a formal summary of the complaint to the Provider raising certain questions and seeking documentary evidence relating to the complaint,once they receive the Providers response they will furnish you with a copy of it and give you an opportunity to make a further submission.

The list of questions they ask the Provider to supply is pretty exhaustive and indeed forensic,I suspect these Senior Investigators have a legal background.

I read through the list,he down broke it into sections.

Summary of Complaint
Schedule of Questions
Schedule of Evidence Required


I only had to read it once to see BOI/ICS could not possibly stand over their claim.

I was awaiting with interest their reply and was prepared to once again reply to their answers,however they settled out of the blue.

Best of luck Bronte.
 
Smart Phones are the answer, coupled with an app called Total Recall. You can record your conversations. (This is the reason I got my first smart phone)

This is perfectly legal, (if you're not a company subject to Data Protection laws)... call centers might like to tell you that it's not legal but it is...

It's hard for them to deny recordings, .. and it's easy for you to ask clear questions, including do they have any doubt about the answer,.. they often happily say 'no, this info is cast in stone.'' 'great' you say.
 
Well done Knuttell. I won a case against NIB recently by taking the complaint to the Financial Services Ombudsman's Office. I can't fault the FO's office (except perhaps for the delay in dealing with the case) but I suspect they are overwhelmed by people with legitimate complaints being disallowed by their banks.
 

No was also quite impressed with the Financial Ombudsmans Office and the individual I dealt with was an intelligent guy who knew his job inside out,this contrasts hugely with my experience with dealing with the Banks and esp the Financial Regulators office,its bad enough they havent a clue how to do their jobs but they manage to sound like they do...which makes them extremely dangerous.
 
If the FSO is understaffed he should get more funding,.. he provides a very useful service.

He may be funded by the banks and other covered bodies... if so they should give him more... keeping him underfunded helps them to the detriment of their customers.
 

The FSO that should be getting personnel form less busy Civil Service depts,obviously there would be a bedding in period where staff are trained up but this would cost us nothing,as it is they do not even seem to have enough staff on reception,I would quite frequently have to ring on 6 or 7 different occasions before the phone would be picked up,given the behaviour of Banks its the last life line for most dissatisfied customers but I will say this understaffed or not,its the only show in town capable of putting manners on both banks and bank staff alike.
 
Hi Knuttel
We are in the same situation with ics at the min.They are also taking the line that were are not entitled to return to our Tracker even though we where never made aware of all the implications at the time of leaving our fixed.
just wrote today to get a final decision on the matter so we will the bring our case to the financial ombudsman.
if you can issue any advise on a plan from here i would be very greatfull.
Thank you in advace
 

Hi Sniper,

Address your request for a final response letter to:

Ms Bernie O Donnell,
Customer Affairs Manager,
ICS Building Society,
C/O Bank Of Ireland Customer Care Unit,
Lower Baggot st,
Dublin 2.



Keep the letter to the facts,leave all emotion out of it,do not embellish or importantly leave out facts,do it in chronological order,refer to MFA or Mortgage agreement to support your case,quote relevant sections,in particular draw attention to the absence of any clear explanation as to what would happen to the tracker on expiration of the fixed rate.


At the end of the letter ask her for her Final Response to this issue,she will know where this is heading from that request.



The lender has 25 working days to respond to your Final Response letter,if they reply in the negative then the decks are cleared for you to proceed with your complaint to the Financial Ombudsman.


From my own experience,ICS denied that I had any case,indeed I spoke to a customer care rep who informed me that I had no case that very afternoon I received a call from the Investigator in the Ombudsmans office telling me BOI had thrown in the towel...so they will deny you right up to the wire.


Let us know how you get on,best of luck with it.
 
Hi knuttell
I just posted in my latest response last Friday,But i think i have covered most of your key points as you have outlined them above.
I didnt address my letter to anyone in particular though just customer care.
You would imagine that a system policy applies to all relevant customers.
I ended the letter by seeking a Ref for the Ombudsman as you advised.
Thanks a mill, i will keep you updated,fingers crossed.