AIB Unsuccessful tracker redress appeal

Nailligo

Registered User
Messages
33
Hi all,
I got my response and it was unsuccessful but one thing has stood out and I was wondering would anyone think it was worth following up on?
There's a line in the letter that says if they had offered the tracker rate in 2012, it would have been the same or more than the variable rate at the time.
Surely if it was the same that would mean that down the line, the tracker would have been beneficial so it could be argued that giving me the tracker rate at the time could have been the better option?
Does anyone think that's a valid line of argument or is it done and dusted when they send that final decision? I will probably write to the ombudsman just to see what they say.
 

Brendan Burgess

Founder
Messages
38,667
Hi Naill

That is a very valid argument of yours. Here is the relevant information .

4104


So if your fixed rate expired in June 2012, and they had offered you a tracker rate of 3%, you would now be on a margin of 1.75%


There's a line in the letter that says if they had offered the tracker rate in 2012, it would have been the same or more than the variable rate at the time.

Which letter? If AIB said that in a letter, then you have a great case. Almost an admission of liability.

If the Appeals Panel said it, then it doesn't mean very much. The Ombudsman will not be influence by the decision of the Appeals Panel.

Brendan
 

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Nailligo

Registered User
Messages
33
Which letter? If AIB said that in a letter, then you have a great case. Almost an admission of liability.

If the Appeals Panel said it, then it doesn't mean very much. The Ombudsman will not be influence by the decision of the Appeals Panel.

Brendan
Hi Brendan,
Unfortunately it was the letter from the panel, so I take it that means there's no need to carry on?
 
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Brendan Burgess

Founder
Messages
38,667
No it does not lessen the complaint at all.

But the stupid comment from the Appeals Panel is not an AIB position. And it's AIB's behaviour you are challenging not the Panel's.

Brendan
 

Nailligo

Registered User
Messages
33
No it does not lessen the complaint at all.

But the stupid comment from the Appeals Panel is not an AIB position. And it's AIB's behaviour you are challenging not the Panel's.

Brendan
Ok, thank you for the replies, I'll see how things go with the Ombudsman.
 

coolaboola12

Frequent Poster
Messages
60
I just noticed while prepping my case for the ombudsman that i never received a letter at the end of my fixed rate (dec 2010) saying that i can avail of a fixed or variable going forward. At that time i chose to fix again and at the end of my second fixed rate i did receive a letter talking about fixed / variable and all the different rates etc.

Its like they didnt want to advertise the issue at the end of the first fixed rate that they werent going to offer me a tracker :)

Anyway maybe its just policy
 

KurtKasino

Registered User
Messages
23
I just noticed while prepping my case for the ombudsman that i never received a letter at the end of my fixed rate (dec 2010) saying that i can avail of a fixed or variable going forward. At that time i chose to fix again and at the end of my second fixed rate i did receive a letter talking about fixed / variable and all the different rates etc.

Its like they didnt want to advertise the issue at the end of the first fixed rate that they werent going to offer me a tracker :)

Anyway maybe its just policy
I recall receiving a letter when my fixed rate ended(2011) however I couldn't find a copy of it. When I received the docs for my SAR from the bank I could see a reference to the letter being sent from screenshots of their internal systems but no copy of the letter was included with the SAR. I wrote back asking for a copy of the letter and surprise surprise they wrote back stating they could not find it. I'm 100 % positive a tracker was not offered in this letter.
 

coolaboola12

Frequent Poster
Messages
60
I recall receiving a letter when my fixed rate ended(2011) however I couldn't find a copy of it. When I received the docs for my SAR from the bank I could see a reference to the letter being sent from screenshots of their internal systems but no copy of the letter was included with the SAR. I wrote back asking for a copy of the letter and surprise surprise they wrote back stating they could not find it. I'm 100 % positive a tracker was not offered in this letter.

lol, yeah their wording is different also in my case notes. It says at the end of the first fixed rate "our records indicate that a letter was sent " but then further down when talking about the end of the second fixed period it says "a letter was sent explaining rates etc"

I mentioned it at the end of my case to ombudsman anyway. There are no screenshots of this supposed letter in my response from bank so they didnt send it
 

Nailligo

Registered User
Messages
33
lol, yeah their wording is different also in my case notes. It says at the end of the first fixed rate "our records indicate that a letter was sent " but then further down when talking about the end of the second fixed period it says "a letter was sent explaining rates etc"

I mentioned it at the end of my case to ombudsman anyway. There are no screenshots of this supposed letter in my response from bank so they didn't send it
The SAR info is bitty at best isn't it? So many redactions and missing info. It was always hard to get the bank to commit to anything in writing, even when requested, records of phonecalls are vague at best.

I'm guessing you were unsuccessful too in appeal? Did you find the board's response totally non-committal and almost dismissive? Almost as if they really didn't take everything on board?
 

Brendan Burgess

Founder
Messages
38,667
Guys

Don't get distracted by trying to win battles which have no significance whatsoever.

What are you trying to prove? That they didn't send you a letter? A letter which you already know didn't offer you a tracker?

This is very different from people whose fixed rate expired before October 2008 who claim that they did not get the letter offering them a tracker.

Brendan
 

coolaboola12

Frequent Poster
Messages
60
The SAR info is bitty at best isn't it? So many redactions and missing info. It was always hard to get the bank to commit to anything in writing, even when requested, records of phonecalls are vague at best.

I'm guessing you were unsuccessful too in appeal? Did you find the board's response totally non-committal and almost dismissive? Almost as if they really didn't take everything on board?
yeah same as for everyone else i presume. I submitted case online to ombudsman this morning
 

coolaboola12

Frequent Poster
Messages
60
Guys

Don't get distracted by trying to win battles which have no significance whatsoever.

What are you trying to prove? That they didn't send you a letter? A letter which you already know didn't offer you a tracker?

This is very different from people whose fixed rate expired before October 2008 who claim that they did not get the letter offering them a tracker.

Brendan
Yeah agreed, its not important but would this not be a "service failure" also ? I would have thought that providing me with all relevant info and options towards the end of a fixed rate period was part of the "service" they were providing me
 

Brendan Burgess

Founder
Messages
38,667
Is that what you really want?

For the Ombudsman to conclude that AIB had a service failure and for you to get an award of €200?

Or would you prefer the Ombudsman to rule that AIB should have offered you a tracker at ECB +1% and give you €30k in compensation and your tracker back?

You are playing into AIB's hands by distracting the Ombudsman with stuff like this.

Brendan
 

Nailligo

Registered User
Messages
33
Is that what you really want?

For the Ombudsman to conclude that AIB had a service failure and for you to get an award of €200?

Or would you prefer the Ombudsman to rule that AIB should have offered you a tracker at ECB +1% and give you €30k in compensation and your tracker back?

You are playing into AIB's hands by distracting the Ombudsman with stuff like this.

Brendan
100% this what I would want, I lost my house and had I had the tracker rate I would have been able to afford to keep the house, the couple of hundred euro difference was life changing. It's how to get the Ombudsman to see things that way though, getting a refusal on something you believe to be cut and dry is a kick in the a$s. Just when you think you've made a solid argument based on facts, you get a glib response and have to regroup and find another angle that makes the argument even clearer and even stronger.
Aren't AIB off the pitch now, isn't the next step the Ombudsman?
 

coolaboola12

Frequent Poster
Messages
60
Is that what you really want?

For the Ombudsman to conclude that AIB had a service failure and for you to get an award of €200?

Or would you prefer the Ombudsman to rule that AIB should have offered you a tracker at ECB +1% and give you €30k in compensation and your tracker back?

You are playing into AIB's hands by distracting the Ombudsman with stuff like this.

Brendan
In fairness if the ombudsman ignored my whole appeal and thought i wanted 200 euro for the service failure then it would paint them as very idiotic indeed. However i do want to highlight all the mistakes AIB have made with our cohort and in my opinion the more issues they find however small, they are more likely to throw the book at them
 

blue_steel

Registered User
Messages
47
I think AIB have already acknowledged that they should have offered people trackers in the letters sent out at the end of their fixed rate period. This is why they paid the compensation last year. I can't see the point in bringing this before the FSPO when AIB have admitted as much. The whole crux of their argument is that the rate they would have offered would have been prohibitive. They aren't claiming to have offered trackers to this cohort.
Anyway I put in my appeal to the ombudsman on Friday based on Brendan's prevailing rate arguement, contra proferentum as well as a unique individual issue we had with AIB. Fingers crossed.
 
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