KBC KBC the lost cohort deemed "not impacted"

steely1

Registered User
Messages
29
Just setting up this thread for anybody that current have lodged formal complaints with KBC about not being impacted but they drew down after November 7th 2006 .

Have you received any progress reports ?

Did you request all of your data and how is this going ?

Have you progressed your case further with a third party advise with a view to FSO or High Court ?

Just opening it up to discussion and Q&As for others
 

steely1

Registered User
Messages
29
Has anybody appealed the "not impacted " and received a " Final Response Letter " from the appeals board ?
 

mccoypat94

Frequent Poster
Messages
119
Hi @steely1 , I am part of that cohort. Drew down in Jan 07, ruled out because initially applied in August 06.

I am arguing that I only decided to go with KBC in January 2007 having been advised by the broker that I could roll off to a tracker.
I even changed from a tracker loan offer to a fixed in January 2007, long after the communication. I believe I have a decent case as does my representative.

I have been advised I will recieve a final response in May, however if Im going to be sucessful it will be the FSO id imagine who will make that call.

At this stage KBC have nothing to lose by taking it all the way..
 

steely1

Registered User
Messages
29
hI @mccoypat94 I am extremely similar to you , applied September 06 drew down Jan 07 . The only difference is I have 2 loan offers one September 06 ( which expired ) and one in January 07 so for the second loan application it should have been classed as a new one , I had other offers on the table at the time and went with KBC as advise by the broker .

Who is your representation , I suspect I will be at the FSO around the same time as mine is also May but the very beginning
 

mccoypat94

Frequent Poster
Messages
119
Hi @steely1 , I cannot imagine you would lose with the FSO, however who knows?

KBC will more than likely push both of our cases away, they are just ticking boxes, There should be a sanction for a financial institution who lose a case
My solictor thinks my case is strong however has advised to use a specialist to go to the FSO, so I suppose that will be the next move

Have you had your case reviewed by anyone?
 

steely1

Registered User
Messages
29
Mine will be going to P Kissane just waiting for the FRL , I intend to go as far as I can with it though even at expense to me
 

Jazzer1

Frequent Poster
Messages
143
Mine will be going to P Kissane just waiting for the FRL , I intend to go as far as I can with it though even at expense to me
Hi steely, my application was 18th feb08 I was deemed not impacted. P.kissane has reviewed my case and has told me I have a strong case due to the Nov 06 - Feb08 Flyer. So he has looking after my case now and the sake of 1000 euro for him to fight it I have to risk it.
 

steely1

Registered User
Messages
29
@Jazzer1 Definatley worth it do you have to pay him up front ?, Have you received a Final response letter from KBC ? And are you now in the process of going to FSO ?
 

Jazzer1

Frequent Poster
Messages
143
Definatley worth it do you have to pay him up front ?, Have you received a Final response letter from KBC ? And are you now in the process of going to FSO
I got my final response from kbc outlining the reason why they believed I wasn't impacted. I send everything on to P.kissane and he blew holes in their argument. When you send your case in ahis team will tell you what your chances are of winning. They only take on your case if they think they have a chance of winning. You can pay instalments if you can't afford the 1000 euro.If he gets your tracker fully back and full redress and compensation it's another 3000 euro. At the moment he is engaging with kbc again on my case and if he fails it will go to the Ombudsman.
 

steely1

Registered User
Messages
29
Yeah it is worth it , As soon as I get my FRL I will be on to Mr Kissane , surely the FSO or high court would also award costs if you were to win as the fault is with KBC which would cover the €4k .
The legal costs of people disputing the "impacted " position must be mind boggling for KBC . Did you pay him up front for the €1000 or installment
 

Jazzer1

Frequent Poster
Messages
143
Yeah it is worth it , As soon as I get my FRL I will be on to Mr Kissane , surely the FSO or high court would also award costs if you were to win as the fault is with KBC which would cover the €4k .
The legal costs of people disputing the "impacted " position must be mind boggling for KBC . Did you pay him up front for the €1000 or installment
Went with the installments myself steely1.
 

alenam

Registered User
Messages
2
I drew down a mortgage April 2008. Not a flier case but told by KBC employee I could revert to tracker after 3 years. Deemed not impacted. Appealed it met with KBC asked questions about their terms used. They took 2 months to send a letter that didn't answer questions. File under FOI request seriously redacted and info missing. When I pointed the deficiencies out they stopped communicating. I've appealed to FSO and will go to PK.
 

Wonder

Registered User
Messages
37
@alenam : FSO are well aware of KBC missing documents..... u will need to make a complaint with the data commissioner office about this ,as the FSO can take note of it but can't do anything about it .
 

Tipptop2

Registered User
Messages
21
My case application Oct. 06. Draw down advised by broker Jan. 07. KBC arguing I did not have to accept offer in Jan. 07 and not within scope of Central bank review. However I had other mortgage offers at the time and believe the broker influenced my decision to go on 3 yr. fixed with the possibility to roll onto tracker. This option was never given to me. How convenient for KBC. Any views advice welcome. Thanks Steely for setting up forum. By the way my case is now with P.K who is investigating...
 

unfortunate

Frequent Poster
Messages
128
I drew in 2005 and fixed for 2 years. In 2007 looked at redeeming to switch and after solicitor contacted for figures KBC wrote to broker who they wouldn't discuss matters with two weeks earlier because they was dealing direct about top-up. They urged him to contact me as it was in both their interests to keep me as customer. That's when I was told about flyer and roll to tracker. KBC don't agree funny enough and no phone records. Only thing is I have letter that urged contact. Doesn't help that broker is gone.
 

Jazzer1

Frequent Poster
Messages
143
My case application Oct. 06. Draw down advised by broker Jan. 07. KBC arguing I did not have to accept offer in Jan. 07 and not within scope of Central bank review. However I had other mortgage offers at the time and believe the broker influenced my decision to go on 3 yr. fixed with the possibility to roll onto tracker. This option was never given to me. How convenient for KBC. Any views advice welcome. Thanks Steely for setting up forum. By the way my case is now with P.K who is investigating
Was your application made before the 0ctober 06 date Tipptop2?,Was this the reason your account was deemed not impacted?. Has p.kissane reviewed your case?.
 

Tipptop2

Registered User
Messages
21
Yes the application was started by the broker in Oct 06. The letter of offer from the bank was only received and signed in Jan 07. So the application was pre the 'flyer' but the mortgage offer was only received and signed well after the flyer release. I was still considering my options between application and loan offer and the broker/bank were requesting various things as part of the application.
 
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