So the bank should not market their products?
There's marketing, and then there's mis-selling.
Even in 2003, the late middle ages, the sellers of financial products did have certain obligations towards their customers. While this woman did take independent legal advice, that's not the same thing as financial advice. Surely the Bank had an obligation to know their customer's circumstances, to understand her investment objectives and her reasons for entering into the transaction, and to satisfy themselves that the product the were selling her was the right product?
The fact that she borrowed €130,000 and immediately put €100k on deposit is a huge red flag. Once she had a line of credit approved, her ready access to funds if she needed them was established. It's almost impossible to think of any plausible investment objective this woman could have had that would make "draw down borrowings of €100k, secured against your house, put them on deposit, and leave them there" a sound strategy for her to adopt.
So, yeah, there are serious questions to be asked here, and I think the answers are likely to embarrass the Bank.
Torbledanm — my reading of the article is:
- the amount needed to clear the loan account is €455,081
- we're not told what the €100k deposit has accumulated to.
The fact that she's told — 6 months after a complaint was made — that she has to wait a further 12 to 14 months before the FSPO will allocate an investigator to the matter is a whole other problem. Obviously, for a 97-year old, there's a sporting chance that she will not live to see this problem resolved. But for a person of any age to have to wait 18 to 20 months, while interest on a near half-a-million debt continues to be accumulated, is not acceptable. Clearly, either FSPO is very inefficient or it is woefully under-resourced (or a bit of both, I suppose).
To the extent that the problem is one of resources, it's easily solved. FSPO is funded by a levy by the financial service providers and pension providers. Clearly, we need a fit-for-purpose Ombudsman service, and if the FSPO doesn't have the resources to provide one then an increase in the levy looks like a no-brainer.