New Ombudsman's decisions on trackers June to August 2021

Brendan Burgess

Brendan Burgess

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The Ombudsman updated the database yesterday for new decisions issued between June and August

Here are the decisions related to trackers. If you find any of interest with systemic application please highlight them.

The first post contains those which are upheld or substantially upheld.
The second post contains those which were partially upheld.
The third post contains the rejected complaints.

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Upheld
All Conducts Complained Of: Failure to offer appropriate compensation or redress CBI Examination
(Bank of Ireland investment property sold.)

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Upheld
All Conducts Complained Of: Failure to offer appropriate compensation or redress CBI Examination
(Bank of Ireland family home - claimed sale was due to loss of tracker. Ombudsman said no, but ordered additional compensation.)

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Substantially upheld
All Conducts Complained Of: Failure to offer appropriate compensation or redress CBI Examination


Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Substantially upheld
All Conducts Complained Of: Failure to offer appropriate compensation or redress CBI Examination

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Substantially upheld
All Conducts Complained Of: Failure to offer a tracker rate throughout the life of the mortgage
(Bank of Ireland staff rate.)
 
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Partially upheld ones

Primary Conduct Complained Of: Arrears handling
Outcome: Partially upheld
All Conducts Complained Of: Arrears handling - Mortgage Arears Resolution Process , Delayed or inadequate communication, Dissatisfaction with customer service


Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Partially upheld
All Conducts Complained Of: Failure to offer appropriate compensation or redress CBI Examination
 
Rejected complaints

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate at point of sale


Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate at point of sale, Failure to offer a tracker rate throughout the life of the mortgage



Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate throughout the life of the mortgage

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate throughout the life of the mortgage

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate at point of sale, Failure to offer a tracker rate throughout the life of the mortgage

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer appropriate compensation or redress CBI Examination

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate throughout the life of the mortgage

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate throughout the life of the mortgage


Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate throughout the life of the mortgage

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate at point of sale, Failure to offer a tracker rate throughout the life of the mortgage

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer appropriate compensation or redress CBI Examination

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate throughout the life of the mortgage

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to apply the correct tracker rate as part of the Examination, Failure to apply a tracker rate at a point in time CBI Examination, Failure to offer appropriate compensation or redress CBI Examination


Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate at point of sale

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate throughout the life of the mortgage, Dissatisfaction with customer service , Maladministration

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate throughout the life of the mortgage, Delayed or inadequate communication, Dissatisfaction with customer service


Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate throughout the life of the mortgage

Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate at point of sale
 
It's been a bit of a job to extract them and sort them. If I have made any errors e.g. linking the description to the wrong case, let me know.
 
If anyone is at a loose end over the holidays, you might check out a few of the rejected complaints and write a summary.

Thanks

Brendan
 
https://www.fspo.ie/decisions/documents/2021-0266.pdf
Primary Conduct Complained Of: Application of tracker interest rate
Outcome: Rejected
All Conducts Complained Of: Failure to offer a tracker rate throughout the life of the mortgage

Hi Brendan\all,
not sure if this is the place to ask this but I would like to ask your opinion on the Ombudsman asserting in this case (and others) that he sees no reason why the complainants solicitor did not receive the ‘booklet’ ? What could he be basing this on ? Should these extra and important ‘General Standard Mortgage Terms and Conditions’ not have been included up front in the complainants paperwork, rather than in an extra ‘booklet’ that the complainants (and others) have said they never received ? Or at least something in the paperwork they signed should have referenced this ‘General Standard Mortgage Terms and Conditions’ booklet and not just the ‘General Terms and Conditions’ referenced in their paperwork and which they received and signed ? Does this not go against the 2006 CPC ? - “Consumer Protection Code 2006 - Requirement 12 of Chapter 2 of the Code states "a regulated entity must ensure that all information it provides to a consumer is clear and comprehensible and that key items are brought to the attention of the consumer. The method of presentation must not disguise, diminish or obscure important information".
 
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