Case study Finally recd ptsb offer letter

joe351980

Frequent Poster
Messages
95
Ptsb have changed the wording from my contract to what they say in offer letter. CONTRACT: on expiry of the fixed rate period. OFFER LETTER: at the scheduled maturity date of the fixed rate interest period
 

Joannmct

Registered User
Messages
37
This is very interesting. Was going to be my basis for appeal 3.25%. Expiry of fixed rate period was when they let me out of it imo NOT at the scheduled maturity date.
 

ssmcks

Registered User
Messages
3
Rang tsb yesterday and was told our account did not qualify. In fact he stated that all accounts had been thoroughly checked by ptsb and central bank. On further enquiries and after reading our special conditions was then told that he could no longer continue conversation as there would be a letter about it being sent to us. Has anyone else experienced this. No letter as of yet.
 

Sadie31

Registered User
Messages
4
Just got our letter today, long wait finally over!!

35 year mortgage of 380,000 in late 2007 on fixed rate of 5.9
Contract stated ecb+1.1 at end of 2 year fixed
Broke out of fixed end of 2008 (10 months early, same story as others - told no penalties, no record of phonecall)
42000 overpaid to be paid back
18000 off balance of mortgage
6200 compensation

Obviously delighted after years of fighting to get this back!
 

joe351980

Frequent Poster
Messages
95
AAM_user, what's the legal definition of expiry period, as that's what it says in my contract?
 

AAM_User

Frequent Poster
Messages
114
AAM_user, what's the legal definition of expiry period, as that's what it says in my contract?
EXPIRATION. Cessation; end. As, the expiration of, a lease, of a contract, or statute.
2. In general,the expiration of a contract puts an end to all the engagements of the parties, except to those which arise from the non fulfilment of obligations created during its existence. For example, the expiration of a partnership so dissolves it, that the parties cannot in general create any new liability, but it still subsists, to enable the parties to fulfil engagements in which the partners have engaged, or to compel others to perform their obligations towards them. See Dissolution; Contracts.
3.When a statute is limited as to time, it expires by mere lapse of time, and then it has no force whatever; and, if such a statute repealed or supplied a former statute, the first statute is, ipsofacto, revived by the expiration of the repealing statute; unless it appear that such was not the intention of the legislature
 

Brendan Burgess

Founder
Messages
41,542
This would have to be tested in the High Court. But Counsel's opinion should be sought on it. Maybe this has been tested before.

Brendan
 

Bronte

Frequent Poster
Messages
13,865
This would have to be tested in the High Court. But Counsel's opinion should be sought on it. Maybe this has been tested before.

Brendan
In relation to counsel's opinion and going legal, solicitor Anthony Joyce was on drive time yesterday evening but I didn't hear the full thing, so PTSB people might want to listen to that. He used to be involved with bankruptcy solicitor from the UK Steve Thatcher who is a poster on here.

Anyone who did hear it might do a summary maybe. He mentioned ultimately they may have to go to court with the PTSB.
 

AAM_User

Frequent Poster
Messages
114
ultimately they may have to go to court with the PTSB.
I think that's going to be a given. PTSB have buildings full of solicitors on salary waiting for this type of thing.

Instead of doing the right thing, they did as little as they could get away with (& were allowed to do so) & are now waiting for long expensive (for us) dragged out court cases.
 

phil

Frequent Poster
Messages
53
In relation to counsel's opinion and going legal, solicitor Anthony Joyce was on drive time yesterday evening but I didn't hear the full thing, so PTSB people might want to listen to that. He used to be involved with bankruptcy solicitor from the UK Steve Thatcher who is a poster on here.

Anyone who did hear it might do a summary maybe. He mentioned ultimately they may have to go to court with the PTSB.
https://vodhls.rasset.ie/manifest/audio/2015/0805/20150805_rteradio1-drivetime-permanentt_c20825387_20825415_261_.m3u8

This is the link
 

AAM_User

Frequent Poster
Messages
114
No. Haven't got a solicitor yet. I checked with PTSB & there's 12 months to appeal & your acceptance doesn't affect any appeal you might make.
 
Top