Brendan Burgess
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Some people have suffered a lot from losing their tracker mortgage.
But some have attributed all their problems to the loss of the tracker, when, in fact, the rate they were charged, was pretty much irrelevant to them.
Here are three examples
Borrower B's problems are clearly caused by the overcharging. If he had been charged the correct repayments, then he would not have been in arrears.
Borrower C's problems were not caused by the overcharging. If he had been charged the correct repayments, he would have been in arrears of €30,000. So his problem was caused by the loss of his job or income or change in family circumstances or whatever.
Borrower A is a bit more complex. If they had plenty of income and savings, the extra €20,000 may have just been a financial loss and may not have impacted their life. But if they had to cancel their health insurance and make other sacrifices, they may well been severely impacted.
And then there is the complexity of restructuring
If a borrower paid what they could and engaged with their lender and their lender refused to restructure their mortgage or put them through the mill in order to do so, then there would be further compensation due.
However, what about Case D?
The lender and borrower engaged with each other. The mortgage was restructured so the payments were reduced to close to what they would have been on a tracker mortgage.
So he was overcharged "only" €5,000.
D cannot attribute all his problems to the loss of the tracker.
But some have attributed all their problems to the loss of the tracker, when, in fact, the rate they were charged, was pretty much irrelevant to them.
Here are three examples
Borrower B's problems are clearly caused by the overcharging. If he had been charged the correct repayments, then he would not have been in arrears.
Borrower C's problems were not caused by the overcharging. If he had been charged the correct repayments, he would have been in arrears of €30,000. So his problem was caused by the loss of his job or income or change in family circumstances or whatever.
Borrower A is a bit more complex. If they had plenty of income and savings, the extra €20,000 may have just been a financial loss and may not have impacted their life. But if they had to cancel their health insurance and make other sacrifices, they may well been severely impacted.
And then there is the complexity of restructuring
If a borrower paid what they could and engaged with their lender and their lender refused to restructure their mortgage or put them through the mill in order to do so, then there would be further compensation due.
However, what about Case D?
The lender and borrower engaged with each other. The mortgage was restructured so the payments were reduced to close to what they would have been on a tracker mortgage.
So he was overcharged "only" €5,000.
D cannot attribute all his problems to the loss of the tracker.
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