# Independent Appeal Panel AIB Percieved / Actual Conflicts of Interest



## A1iron (23 Jan 2020)

Some AIB Panel members deciding on cases for AIB, may be perceived appear to be conflicted or are conflicted.   Under rules 11.1. 11.2 & 11.3 of Terms of Reference and Tracker Panel Rules

From public information sources, found numerous perceptions of conflicts with previous Relationships and Consultancy work done for AIB , Bank Account relationships of Panel Members via their various activities from Company data sources, Panel Members with AIB shareholdings, Panel Members with AIB / EBS Mortgages, Panel Members with no qualifications in Banking,  Property or other relevant areas of specific claims?

Has anybody else checked into the Panels relationships with AIB? Would love to hear as process appears tainted and motivation of Panels questionable?


----------



## Brendan Burgess (23 Jan 2020)

Even if you are right, so what? 

The Appeals Panel is a "free" shot. 

It does not affect your rights in any way.

If you don't like their decision, then you can go to the Ombudsman or the Court.

Brendan


----------



## A1iron (24 Jan 2020)

Brendan, you miss the point!.


----------



## A1iron (25 Jan 2020)

Conflicted persons should not be deciding on AIB admitted wrongdoing claims for appropriate compensation in the first place, ie the Team is Packed by AIB.  The Panel are not independent? and their motivations may be skewed in favour of AIB over the Victim.  Suggest, Brendan you should read the Terms of Reference and Tracker Panel Rules first before commenting?  How many have gone to Court? and at what cost? not an option for those already screwed by the Banks?


----------



## TrackerThieves (25 Jan 2020)

Central bank guidelines for appeal process - link

2. Composition of Panels; Members Qualifications and Experience
It is the Central Bank’s expectation that all members of Appeals Panel ‘A’ and the majority of members of Appeals Panel ‘B’ shall be independent (the Central Bank expects that the chairperson of Appeals 3 Panel ‘B’ shall be independent). The Central Bank expects that the panel members should not have an actual or perceived conflict of interest. The Central Bank expects that Appeals Panels should consist of the following members: 

Chairperson – Qualified barrister/solicitor with a suggested level of at least 15 years post qualification experience. Legal panel members should have professional experience in respect of personal injuries litigation; 
Finance – Qualified accountant/actuary with a suggested level of at least 15 years post qualification experience; 
Consumer Voice – With relevant experience. The Central Bank shall be notified of all proposed appointments and will have a right of veto in respect of the proposed panel members.
In addition to the matters outlined above, the Central Bank may consider such other matters as it deems relevant when choosing to exercise its right of veto in respect of a proposed appointment. The Central Bank also expects that Lenders will make Subject Matter Experts (“SME”) (who have particular experience and expertise in dealing with mortgage arrears) available to assist Appeals Panels with queries of a technical nature as they arise1 

AIB appeals panel members - link

The appeals panel comprises of three individuals: 

One member with legal qualifications
Either Lisa Broderick, Gary Rice, Niamh McKeever or James Colville
One member with accountancy qualifications
Either Eugene McMahon, Aedin Morkan, Brendan Waters or Joe Carr
One member with appropriate experience of dealing with consumer affairs
Either Ann Fitzgerald, Ita Mangan, Kevin Rafter or Donal Connell
 
The members with legal qualifications (i.e. a qualified solicitor or barrister) will be the Chair or the Head of the Appeals Panel.



Brendan Burgess said:


> Even if you are right, so what?
> Brendan


Shocking attitude.

I have no idea how many members are independent. The central bank guidelines state that all of the higher panel and majority of the lower panel should be independent and should not have an actual or perceived conflict of interest. If this is not the case it should be highlighted.


----------



## TrackerThieves (25 Jan 2020)

A quick Google search on each of the panel. Only 1 panel member works for AIB and all others members appear independent


----------



## Brendan Burgess (26 Jan 2020)

A1iron said:


> Bank Account relationships of Panel Members





A1iron said:


> Panel Members with AIB / EBS Mortgages



So anyone with an AIB bank account or a mortgage from AIB or EBS would have a conflict of interest? 

And we should extend that to anyone who has a family member with an AIB bank account or a mortgage from AIB or EBS. 

Brendan


----------



## Brendan Burgess (26 Jan 2020)

TrackerThieves said:


> Shocking attitude.
> 
> I have no idea how many members are independent. The central bank guidelines state that all of the higher panel and majority of the lower panel should be independent and should not have an actual or perceived conflict of interest. If this is not the case it should be highlighted.



Of course they should be independent. 

But in the end, so what?   If they find against you, you can always go to the Ombudsman or to the courts. 

The bigger problem for me is that none of them seems to have any knowledge or experience of mortgages. 

I know a few of them and would trust them to be independent. But their decisions have been bizarre in both directions. I have seen clear cases where they incorrectly and illogically dismissed appeals. I have seen one huge case where they wrongly upheld an appeal.  And furthermore, they calculated the compensation so bizarrely that it showed no understanding of finance generally. 

Brendan


----------



## Fakenews (27 Jan 2020)

Brendan Burgess said:


> So anyone with an AIB bank account or a mortgage from AIB or EBS would have a conflict of interest?
> 
> And we should extend that to anyone who has a family member with an AIB bank account or a mortgage from AIB or EBS.
> 
> Brendan


Nope. Anyone who works for a solicitor firm that deals with a bank or has had a large amount of business with them in the past ( and could be influenced by potential future business ) shouldn’t be on the panel. A basic search on their CV shows past dealings.


----------

