# Appealing the AIB level of compensation



## Brendan Burgess (16 Dec 2016)

From the Q&A


*Do I have the right to appeal the redress and compensation provided by AIB? *

Yes, as detailed in your letter you have the right to appeal the actions we have taken to correct our failure.

You may make an appeal while still retaining the redress and compensation payments outlined in the letter. An appeal does not affect your right to make a complaint to the Financial Services Ombudsman or to pursue the matter through the Courts.

If you bring an appeal to the appeals panel, but are not satisfied with the decision of the appeals panel, and you decide to take a complaint to the Financial Services Ombudsman or through the Courts, AIB will not invoke any statutory limitation period (that might otherwise
apply) to prevent you pursuing any such action within six months from the date of the appeals panel’s decision.

*If* you have the right to appeal but *you decide* not to bring an appeal to the appeals panel, and* to* instead* refer a complaint directly to the Financial Services Ombudsman or through the Courts, AIB will not invoke any statutory limitations* period (that might otherwise apply) to prevent you pursuing any such action *within six months of the date of this letter*, in which the Bank made its offer of redress and compensation to you.

*What can I appeal?*
You can appeal any aspect of your redress and compensation, this includes:
• The period we have deemed that your account was impacted
• The interest rate we have applied to correct   your account
• The adjustment of your mortgage balance
• Your redress payment amount
• The amount of compensation you have received
• How you have been categorised in terms ofcompensation (for example, if you believe we incorrectly deemed your property as a Buy to Let).

You can appeal any or all of the above within 12 months from the date on your letter in which the Bank made its offer of redress and compensation.

Decisions made by AIB on the level of redress and compensation due to customers have been based on the information available to us in our review of impacted accounts.

As part of the appeals process you can include any additional material financial information which you would like to have considered.

After you submit your appeal, separate to the review conducted by the independent appeals panels, AIB will review the information provided by you as part of your appeal, to determine if you have furnished any additional material financial information which would have resulted in an improved redress and compensation payment, had AIB been aware of it prior to making its
initial redress and compensation offer to you. AIB may then choose to make an improved payment based on this information and will do so prior to the independent appeals panel reaching a decision. In situations where AIB chooses to do so, your rights within the appeals process will not be affected.

If you are submitting new financial information, you will be asked to also provide relevant supporting documents within your appeals submission.

If you wish to obtain expert advice in relation to bringing an appeal you can recover reasonable costs of any such advice if the appeal is successful.

*Who will hear my appeal? *
All appeals will be heard by a fully independent appeals panel in accordance to the Terms of Reference and Procedural Rules of the appeals panel. The appeals panel members will all be independent from AIB and will include:
1. A legal panel member, a solicitor or barrister who will be the chair or head of the panel
2. A financial panel member, i.e. an accountant
3. A consumer voice representative.

*How do I begin an appeal?*
To request an appeals application pack, please contact the helpline number provided in your letter. This pack will give you more details about the overall appeals process.

Customers who decide to appeal will need to complete the appeal application pack and return it (together with any supporting documents relevant to their appeal) to the address set out in the form.

Once an appeal is submitted, all correspondence relating to the appeal will be presented to the appeals panel. The correspondence will also be presented to the appeals secretariat, which is an independent professional service firm, appointed to provide administrative support to the panel.

This appeal application pack will give you more details about the overall appeals process.


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## Brendan Burgess (16 Dec 2016)

I think it's important to say again, and again, that there is absolutely no downside to the borrower in making an appeal. 


*Making an appeal does not cause you to lose the compensation you have already been paid. 

Making an appeal does not affect your right to go to the FSO or the courts in any way.
*
No one should go to the FSO or the court without first making an appeal. 

The worst that can happen is that they reject your appeal.  So even if you have no confidence at all in the Appeals Panel, then you should still appeal. 

The main ptsb appeals panel wasn't very good, but it was quick. A few people got what they wanted, the others were delayed by only a few months. It was a bit frustrating to deal with, but so what?


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## Brendan Burgess (16 Dec 2016)

*Timelines 
*
You can make an appeal to the AIB Independent Appeals Panel within 12 months of the date of the letter. 

If you are not happy with the decision of the Appeals Panel, you have a further 6 months to go to the FSO or the court.

If you want to go to the FSO or the courts, you have 6 months from the date of the Redress letter to do so.

So if you are considering going to court, you could wait for 11 months and make an appeal.  Then go to court within 6 months of the Appeals Panel decision.

Brendan


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## Brendan Burgess (16 Dec 2016)

This is much better than the permanent tsb system



> After you submit your appeal, separate to the review conducted by the independent appeals panels, AIB will review the information provided by you as part of your appeal, to determine if you have furnished any additional material financial information which would have resulted in an improved redress and compensation payment, had AIB been aware of it prior to making its
> initial redress and compensation offer to you. AIB may then choose to make an improved payment based on this information and will do so prior to the independent appeals panel reaching a decision. In situations where AIB chooses to do so, your rights within the appeals process will not be affected.



So if you make an appeal, AIB will review it first and, if it agrees, it may pay you additional compensation. That may result in you withdrawing your appeal. 

Brendan


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## Brendan Burgess (16 Dec 2016)

*How to make an appeal 
*
To be completed


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