Ulster Ulster tracker appeal - how long does it take?

Discussion in 'Tracker Redress' started by Sambo19, 13 Jul 2018.

  1. SaySomething

    SaySomething Frequent Poster

    Posts:
    477
    No wait what? They won't allow you to exit the arrangement until it ends even though you're capable of full repayments now? I'm pretty sure that's against the code for mortgage arrears. You need to get qualified financial advice urgently.

    And no, they don't have any mortgage files unless the borrower explicitly requested the release of the file to the secretariat in writing with their full consent. I was also sure they would have it in front of them. It was only after a few letters requesting information that they would clearly have if they had access to the file that my concerns were raised. I then wrote to them asking to confirm whether they had the file, or if they didn't why not. I also asked how they could make a fair adjudication without the file. Which is how I got the letter today. Stunned.
     
  2. Mortub2005

    Mortub2005 Frequent Poster

    Posts:
    70
    @SaySomething i am stunned here too. I did mention to them on phone today that I am thinking of seeking legal advice. He is to get back to me but they have been telling me that since July when I lodged the complaint about the payment arrangement. Thanks for getting back to me. I stupidly accepted their decision today and posted it to BDO. So thats the end of that road for me. I hope you have the outcome that you deserve.
     
  3. elcato

    elcato Moderator

    Posts:
    2,967
    That's the end of your appeal but you can still initiate legal proceedings. The appeal was a free shot without prejudice I'd imagine. Find a recommended solicitor from some of the threads here to start the ball rolling.
     
    Mortub2005 and SaySomething like this.
  4. SaySomething

    SaySomething Frequent Poster

    Posts:
    477
    @elcato I could be corrected but I believe that accepting the appeal in writing means you waive your right to take it any further. However, I totally agree that @Mortub2005 needs to get legal advice urgently.
     
    Mortub2005 likes this.
  5. elcato

    elcato Moderator

    Posts:
    2,967
    Why would anyone accept the appeal if it was not an improved offer ? Even if not pursuing it at the moment. As we have seen from loads of people who lost their initial case against the FSO it may well be a case of some more information comes into the public domain.
     
    SaySomething likes this.
  6. SaySomething

    SaySomething Frequent Poster

    Posts:
    477
    Could possibly be got to do with the miscalculation in their favour? I've no idea. I do know that there was a warning on the appeals pack that if you accepted the findings of the appeals panel you'd have to waive your choice to take it any further - be it FSPO or Courts.
     
    Mortub2005 likes this.
  7. Mortub2005

    Mortub2005 Frequent Poster

    Posts:
    70
    Hi I accepted it mainly because of the overpayment in error when redressing us that the bank have detailed in writing to us.Thanks to everyone for the advice over the last year and a half and I wish everyone the best with their appeals etc. These forums have always been a great help to me.
     
    elcato and SaySomething like this.
  8. elcato

    elcato Moderator

    Posts:
    2,967
    Ah OK, so if they improve the original offer they ask you to sign as a final settlement. In this case they pointed out that they have been more generous and could claim a refund I guess.
     
    SaySomething likes this.
  9. SaySomething

    SaySomething Frequent Poster

    Posts:
    477
    I almost forgot to add more information to this:

    In its most recent letter the Secretariat gave me a date in early December for my appeal to be reviewed by the panel. However, this was before I requested the release of my file to them. If my appeal is reviewed in December it's highly unlikely they will have had time to read my file. I've been very clear in my correspondence to them that reading the file is essential to the appeal. This means I'm expecting a further delay and for my appeal to be held in the New Year at some point.
     
  10. SaySomething

    SaySomething Frequent Poster

    Posts:
    477
    Just dropping in to update this again. As you can see above my last update was 19 Nov. I had requested the release of my file to the Appeals Panel 10 days prior to that post. As of yet, the bank have not released the file (today's date is 4th February).

    I've contacted the Data Protection Commissioner, they say that I've requested the release of my file to another party and not directly to myself; technically I've not made a Data Access Request. BDO (the Independent Secretariat) say that the Panel are aware of how much the bank are dragging their feet. The Panel doesn't seem to have much teeth in this regard and haven't given the bank a deadline or expectation of when the file should arrive.

    I was wondering if a formal personal Data Access Request to the bank and then handing it directly over to the Panel was the way to go. However, the DPC has recommended I write to the bank asking them for their legal basis for refusing to provide their own Appeals Panel with the information they've formally requested & I've given my consent for in writing.

    In good news, I had requested an Oral Hearing of our appeal from the outset and I've received confirmation that I will have an Oral Hearing whenever the file does arrive.

    So my Appeal remains on hold pending information from the bank which, according to the Central Bank, they should have made available to the Panel in the first place...
     
  11. elcato

    elcato Moderator

    Posts:
    2,967
    Can you explain what this actually is and when does it happen in terms of events ? You want to have a face to face with the appeal panel once the bank have made a final offer ? If so will the bank be allowed/forced to attend ?
     
  12. SaySomething

    SaySomething Frequent Poster

    Posts:
    477
    I applied for my appeal to be reviewed by way of Oral Hearing rather than the Panel to review it privately.

    The guidelines for oral hearing/appeal review below are copied from the Central Bank document:

    "The Central Bank expects that Oral Hearings will be held where warranted in the circumstances of an appeal and that any party to an appeal shall have the right to request that an Oral Hearing is held. The Central Bank also expects that Appeals Panels shall have the sole discretion to decide whether to hold an Oral Hearing and may decide to hold an Oral Hearing on their own motion where warranted. Where a request for an Oral Hearing is refused, the Central Bank expects that the reasons for the refusal will be communicated to the parties to the appeal by the Independent Secretariat.
    The Central Bank expects that Oral Hearings should be limited to hearing evidence from relevant witnesses and that Appeals Panels, through the Independent Secretariat, should notify the parties to the appeal of the witnesses from whom they require evidence to be taken. The Central Bank also expects that requests from any party to an appeal to admit evidence from other witnesses will be considered on a case by case basis by the Appeals Panels.
    The Central Bank expects that Oral Hearings will be held in private and conducted in an informal manner (to the extent possible). The Central Bank also expects that Appeals Panels shall have regard to the legal principles which a Court would apply when conducting Oral Hearings."

    Normally the appeals panel reviews an appeal in private. They then relay their findings to the appellant via the Independent Secretariat. I felt that it was important to go through the different issues that I've had in person, face-to-face and requested it from the outset.

    I don't know when the Oral Hearing is going to happen. All I know is that once they receive my file they'll be in touch, via the Secretariat, to set a date for the Oral Hearing. From what I see above they're not obliged to attend but they can if they wish to. I'm guessing I'll get more information about this closer to the hearing date.
     
    Hairymilo likes this.
  13. elcato

    elcato Moderator

    Posts:
    2,967
    So this happens when the bank make a full and final offer via the appeals process ?
     
  14. SaySomething

    SaySomething Frequent Poster

    Posts:
    477
    No.
    The bank doesn't make any offers during the appeals process. The appeals process is carried out by a (independent) panel appointed by the bank.
    The bank gives the customer redress and compensation as part of the Tracker Mortgage Examination. The customer, if unhappy, can appeal to the Panel and/or to the FSPO and/or go to court.
    The Appeals Panel can award more compensation if they decide a customer is entitled to more, they cannot award less than the bank's initial payment.
    After the appeal outcome the customer can either accept the offer and then they go no further and sign an agreement that their claim is settled.
    Or they can go to the FSPO or court still.
     
  15. Gemmamalone127

    Gemmamalone127 New Member

    Posts:
    2
    Hi there, we got letter from Appeals Panel yesterday saying our appeal was upheld and offering a nice sum of compensation (more than we anticipated!!). Just wondering now should be accept and be done with it all. I don't really know more about appealing it further to the Financial Ombudsman but it makes me think if the appeals panel upheld it and award that sum maybe we ourselves totally underestimated what claim is worth. Can the Financial ombudsman award less than the appeals panel does anybody know or how long would that process be? We must have been one of the lucky ones, we lodged appeal on the 25th October last and it moved very quickly along.
     
  16. SaySomething

    SaySomething Frequent Poster

    Posts:
    477
    That's brilliant news congratulations!
    The Ombudsman can award less than the Appeals Panel but cannot impact your original compensation payment.
    The FSOP (Ombudsman) has been directed to start reviewing tracker complaints but I've no idea how long this would take. That's brilliant that it took such a short amount of time.