Ebs and third party and confusion

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Belcamp70

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A very simple question got into arrears with an ebs mortgage went to a third party who interacted with ebs on our behalf . We paid the agreed amounts and ebs put us in legal to repossess house.lady in third party office left and after going to another party who got ebs to restructure mortgage.i did a foi request on both my ebs file and the first third party file.there is evidence there that ebs and this third party came to an agreement but I did not get the letter or was told .however now i question do i have any grounds to challenge or complain to ebs .also the legal case put extra charges etc on to our mortgage.

Can you advice what steps i can or cannot take


Thank you for your work
 
1) You were not told of the agreement reached
If you hand over your affairs to a third party, it would seem that it's the third party's fault for not notifying you of the agreement reached.

For the EBS to implement the agreement, you would have had to sign it and return it which you did not do.

So you would have a complaint against the third party. Is the third party still in business? Are they regulated? For example by the Central Bank?

2) You were charged legal charged by EBS

This is the rule here.
The EBS contract (and most mortgage contracts) allows the lender to impose legal charges on the borrower.
However, once they have issued legal proceedings , they cannot impose any further costs on you without the court granting those costs.
(Well, that is how the Dublin Registrar interprets the rules).

However, EBS ignores the rules and imposes charges on people to the great annoyance of the Dublin REgistrar. So, if you have a secure restructure in place, you should write to EBS and tell them to delete the charges.

If they have given you a split mortgage or any other effective write off, then you probably should look at the bigger picture.

Brendan
 
Brendan many thanks for your reply.

The association that we interacted is a leading organisation with in the mortgage arrears area.Their spokesperson is high profile.So obviously I would not nam7e them or any agent in a public forum with out right to reply.

In regards the point you raise I dont know if they would be registered I am assuming that they are under central bank rules.

So this is my difficult is this where I go back to them or do I seek a legal counsel to advice on the file.

I certainly know you have done tremendous work in this area but trying to find direction myself to this next stage is so difficult and trying to find an accountant and solicitor who are experts in the field is not easy.

If any one can advice on this I
Would appreciate it
 
Belcamp70 said:
The association that we interacted is a leading organisation with in the mortgage arrears area.
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What do they have to say about your predicament? Reading your account it sounds like they dropped the ball here.
 
Leo

Many thanks for coming back to me.look I put my hands up and with out baring my soul i trusted others when my wife and I were rock bottom.


We trusted in fact at one stage ebs agent on phone from their legal department stated we should never have been put in legal .but I found another party two women this day two years ago who helped prevent the legal aspect continuing and got a resolution with ebs in order to re structure.However in fairness to them she didnt have the full disclosure of our file then and operated on the basis on what was in front of them at the time.


It's a mess we still have our home that I'm secure in but I think there is definitely something of an error having been made and I'm just trying to find an expert to guide me us through it.


Its amazing I can kill someone rob a shop even run away with some else wife and there is an expert coming out of the wall to guide represent you .but trying to find some one in this field is like trying to win lotto chances are so limited
 
Belcamp70 said:
Its amazing I can kill someone rob a shop even run away with some else wife and there is an expert coming out of the wall to guide represent you .but trying to find some one in this field is like trying to win lotto chances are so limited
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So continuing the crime theme, no one reading this even knows what crime you may or may not have committed, so it's nigh on impossible offer advice on how to mount a defence.

Without knowing who you were dealing with, what the terms of that service were, the full details of what they discussed and agreed with the lender, what they are saying now, etc., we're left guessing, and that's not likely to be much good to you.

In simple terms, the answer your question:

Belcamp70 said:
do i have any grounds to challenge or complain to ebs
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From what I've read here I would say no, you don't. The third party you engaged to work on your behalf is who you need to pursue.
 
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Hi Belcamp

To make it easy, let us assume it was the IMHO and David Hall. Of course, it could have been anyone else.

What exactly did they do wrong and how did you lose out?

1) Mary handled your file and reached an agreement with EBS.
2) She didn't tell you.
3) She left and no one else told you.

4) You went to Phoenix, for example. They have done a deal with the EBS for you.

So you have a deal.
You are right to be annoyed at the IMHO but I don't see why you would be suing them?
To succeed you would have to show that you lost out in some way?

You are right to be annoyed. But most of these companies are not for profit and, while they do mess up from time to time, overall, they do a great job. And they are very busy.

You should write to David Hall and tell him what happened. I know him well enough to know that he would be upset by this and would review the procedures to try to make sure it does not happen again.

As I have said, from what you have said, the EBS has done nothing wrong here. But if you think that they have, you might specify what it was.

Brendan
 
Brendan/Leo,

Many thanks for your advice.

I certainly never mentioned any third parties name and secondly I never mentioned anything about suing any one either.


I suppose ,what I was referring to was finding a third party to now read our file from start to finish and to see if mistakes were made and because of those mistakes was our account overcharged.

Yes your correct a solution was found and your correct maybe a geniue mistake was made.Its amazing though that the mistake could have led to the losing our property and I fully accept we got into to the arrears however a solution was found but wasnt pass to us.

Many thanks for taken to time to offer your observations and it gives me a better picture of where I can now go.
 
And just to further clarify because I refer to legal advice dose not mean suing.

Many thanks
 
Belcamp70 said:
because of those mistakes was our account overcharged.
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Hi Belcamp

It's very unlikely that you were overcharged. It's possible that EBS did impose legal charges on your account, but you don't need legal advice to get them back. Write to EBS and ask for them back.

You could also write to the IMHO and ask them to ask the EBS to get them back.

You could spend a few thousand euro on someone to review your file for you to confirm that you were not overcharged. But I would not advise it.

Brendan
 
Brendan Leo

Some time ago you responded to my query.And you offered good advice.As part of this I am reviewing everything in regards our account.There are a couple of things EBS didnt properly deal with our life assurance and therefore left us paying two policies .While they have not admited error in their letter to us they have offered a gesture of goodwill cheque of 250 euro which came in yesterday.I have to yet fully read what their three letters really said.

I take on board the issue you raised regarding the legal charges.And it now leaves me to chase them down for the fees to be removed from our account.

Do you know of any company that will examine an account and run a check on the interst paid .We did see a company called intrest rate check in sligo contacted them but they appear to have gone silent of late.


We take on board your point in regards recontacting the third party and seeing them to review the handling of the whole thing.

Many thanks
 
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