joanycollins
New Member
- Messages
- 3
Who is "they"?I was denied a tracker rate for over 10years & when they did finally acknowledge their error
Are you serious?should they not refund the mortgage totally because of the breach of contract at there end and putting it down to just a clerical error
You need to post more information about your case, what interactions you had with the lender so far etc.please advise if I should appeal further to the FSO -
should they not refund the mortgage totally because of the breach of contract
EBS BankYou need to provide the following information
1) Which bank
2) What entitled you a tracker ? Give the particular clause in your mortgage which said so.
3) When they acknowledged their error, did they refund you interest and compensation?
4) When did they send you the refund?
The Central Bank requires the lenders to put you back in the position you would have been had you been on a tracker since you were entitled to it.
So generally, they calculate the overcharge and pay it back to you in two ways - some is paid by way of a cheque, the rest by a reduction in the balance outstanding on your mortgage.
You probably also got compensation of about 10% of the overcharge.
If you are not happy with this outcome, you can appeal it to the bank's independent appeals panel. And if you are not happy with their decision, you can go to the Ombudsman.
thanks for your helpYou will need professional assistance with this.
Contact https://www.padraickissane.ie/what-we-do who are the best in the area.
Brendan
Yes, I'm confused by what the original poster thinks might be due here in terms of compo or whatever in addition to what was already provided? But @Brendan Burgess has summarised what should be done in this case. Certainly, the idea that the lender should refund the loan in full for some reason is bonkers.I can't see any reason to make contact with anyone as compensation has been received and a refund of the overpayment and you have been put on the correct rate.
What else is there?
You received correspondence stating you should roll onto a tracker rate after the end of the fixed rate. In your original EBS mortgage contract/loan offer what was the term/name used for this tracker rate?I was denied a tracker rate for over 10years & when they did finally acknowledge their error - despite me writing to me every year - they said it was a 'clerical error' - is this a breach of contract - should they not refund the mortgage totally because of the breach of contract at there end and putting it down to just a clerical error - as if it was my fault they would have taken my house as they had already issued proceedings - just don't understand this at all - please advise if I should appeal further to the FSO -
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