EBS EBS didn't show me the tracker application form

Discussion in 'Tracker Redress' started by kb_whatsgoingon, 3 Feb 2019.

  1. kb_whatsgoingon

    kb_whatsgoingon Frequent Poster

    Posts:
    51
    So a long story short
    .....in mid 2008 in an ebs branch I was given 2 pages to fill out for a fixed mortgage application, these two pages where actually part of a much larger EBS Home Loan Application document.
    I had actually been asking for a tracker loan at the time but was told they were no longer available - they were actually still available until 2008.
    I went back to the ebs branch recently and one of my questions to the person working there - who was involved in my loan application back in 2008 was why was this 2 pages out of the application form all I was given - he simply said ' because thats all that was needed'.
    HAd I been given the full document they next page after the fixed loan pages in the application form would have been the tracker application form and upon filling this out ( had I been given it) would have meant i would have qualified for a tracker once the fixed rate expired withand the tracker rate would have been stated on the form.

    My questions is - is the behaviour of these employees of ebs - is this criminal behaviour?
     
  2. noproblem

    noproblem Frequent Poster

    Posts:
    1,512
    First of all, do you know who these people are, do you have their names and what exactly it was they did wrong to call it criminal behaviour. That will do for starters and, proof of your accusations. Don't forget that. Good luck.
     
  3. kb_whatsgoingon

    kb_whatsgoingon Frequent Poster

    Posts:
    51
    I know who they are. I got my documents from the bank and it showed only 2 pages from what I now know shoud have been at 8+ page application form - becuase the form was circulated on one ofthese threads. And on meeting one of the people very recently they told me all that was needed was these two pages to be filled out ?
     
  4. noproblem

    noproblem Frequent Poster

    Posts:
    1,512
    Ok so, go ahead, employ a solicitor and see how far you'll get with what you have. First thing you get is a big surprise, then a rude awakening.
     
  5. Jim2007

    Jim2007 Frequent Poster

    Posts:
    2,100
    So what would your case be? For starters they complied with the DPA by giving you a copy of the documents they currently hold on you. They furthermore complied with the DPA by destroying any documentation that was no absolutely necessary for the conduct of their business... Oh and in any case the application forms do not form part of the contract...

    Get a solicitor on it if you like, but be prepared for a very big shock. And I’m saying that as someone who has worked in this area in a past life. The law is rule based not opinion based.
     
  6. Brendan Burgess

    Brendan Burgess Founder

    Posts:
    37,055
    OK. So they told you that trackers were no longer available from EBS. Why did you not go to another lender which had them?

    It would be very odd for a banker to give someone only 2 pages out of 8. Did you sign something when it should have been obvious that it was only part of a longer document?

    Don't worry about criminal charges. They are very difficult to prove and it would be up to the Gardai to take on the case.

    But you should set out your complaint and send it in in writing to EBS. The guy is still working there. You know his name.

    See what reply you get.

    If he confirms that you asked for a tracker and he told you that they were no longer available when they were available, you might have a case.

    If he confirms everything you said and they refuse to reinstate your tracker, then you can take a complaint to the Financial Ombudsman.

    Brendan
     
  7. kb_whatsgoingon

    kb_whatsgoingon Frequent Poster

    Posts:
    51
    Hi There - I had filled out a completely different form - in great detail - all my details, me and my husbands, - and on this form you ticked if you wanted variable / fixed / tracker etc
    We ticked the tracker - clear as day. (This document was also in our file when we requested it from the bank.)
    we took this to the bank and they said we could no longer have a tracker and they produced the 2 pager for the fixed rate into whcih we only added our names and a signature.

    I think they must have neede to also then use the initial application form to process the mortgage ( where we selected tracker) - along with the 2 pages from the other application form.

    I have met with the person in the bank - he has not said ( admitted) that he told us we could not have a tracker at that time - but nothing makes much sense here if thatt was not the case i.e.

    we fill out a tracker application form - we go to the bank and while in the bank make an new application for a fixed rate - and agree once the fixed rate expired to revert to an SVR and not a tracker --
    why would we do that?
     
  8. Brendan Burgess

    Brendan Burgess Founder

    Posts:
    37,055
    Hi KB

    Probably worth making a formal complaint to EBS and then to the Ombudsman.

    If you drew down the mortgage when tracker rates were still available to new customers, he might uphold your complaint.

    Brendan