# FSO Mediation Process



## tracman (31 Mar 2014)

Hello fellow tracker holders!

Has anyone here been through the FSO Mediation process, in particular with AIB? If so, what is the gist of the conversation and how do they try and wiggle their way out of restoring the tracker rates?

Thanks
tracman


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## Gerry Canning (31 Mar 2014)

Normally Banks do not go into the mediation process, the reason being, is that Mr Ombudsman has a good record at finding for the Banks! ,so Banks normally let Ombudsman decide on what paper is presented to Mr Ombudsman.Paper does not require face to face questionning.
If your case is fairly similar to other (reclaimed) trackers that have won , Mr Ombudsman should find for you.
If Mr AIB does actually go into mediation , please let us know how you get on.
ps Good luck.


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## peteb (31 Mar 2014)

Also if you've written to the banks and they still maintain you are wrong, sitting down with them is not going to be of any benefit!


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## twofor1 (31 Mar 2014)

Bear in mind mediation usually requires compromise on both sides, if the bank thinks the Ombudsman is likely to find in favour of the customer, they might agree to mediation and negotiate a compromise deal.

If they think they have a strong case, then they will not agree to mediation.

http://www.financialombudsman.ie/complaints-process/mediation.asp?m=3


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## PadKiss (31 Mar 2014)

It is a complete waste of time even offering this as a part of the process as I have been dealing with Banks on this issue for almost 5 years and the Banks have not agreed to mediation once, and I continue to make myself available on each case. I believe there is a message in this re the view that the banks have little to lose in refusing mediation and moving the case to arbitration as the Ombudsman's Office is heavely weighted in results %'s in favour of the lenders. So with most success coming from the Ombudsman's office in favour of the lender why would they suddenly change a winning formula when they would be certain they would have a more difficult case to answer. Mr. Prasifka (FInancial Ombudsman) needs to wake up to the reality of what is going on here. Just my thoughts Padraic


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## WizardDr (31 Mar 2014)

I would concur with PadKiss.

FSO office not up to it.


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## twofor1 (31 Mar 2014)

PadKiss said:


> It is a complete waste of time even offering this as a part of the process as I have been dealing with Banks on this issue for almost 5 years and the Banks have not agreed to mediation once, and I continue to make myself available on each case.



I’m surprised but that does appear to be the case.

‘’ Since the Financial Services Ombudsman commenced processing complaints in 2005, mediation was offered in each case. In 2011, 15 cases were referred to full mediation i.e. where the two parties met with a mediator. I have also been advised that a total of only 23 cases were ever resolved through mediation………………………………………….’’

http://www.kildarestreet.com/wrans/?id=2012-09-25a.205


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## WizardDr (31 Mar 2014)

Unfortunately most people are not good advocates in their own cases.

The process is probably worse than a Court appearance for many.


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## PadKiss (1 Apr 2014)

'The Bureau does not keep a record of refusals by banks to proceed to mediation.' 
http://www.kildarestreet.com/wrans/?id=2012-09-25a.205

My records show mediation accepted on behalf of clients 100% Declines by Banks 100% They are the figures I work from it might be interesting to see what the cases referred to mediation referred to but I would doubt it is the tracker issue relating to mortgages on any of the mediated cases. Padraic


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## Gerry Canning (1 Apr 2014)

Will people please take on board this simple statistic from Ombudsmans own figures.

He finds fully 12% for customers , he finds partly 13% for customers.

That means that a Customer who has already had the tenacity to wade through a Banks complaint process,has but a one in eight chance of winning.

I find it unbelievable that only one in eight has a bona -fide case.

J Mc Crum , assistant Ombudsman was enlightening in a Dial Committee.
I read her comments to mean that if Mr Customer signed up = tough for Mr Customer , in effect our Consumer Codes are mostly beaten by Contract Law.
It is also interesting to note that she was years in a regulatory posit in AIB , 
I am NOT inferring she is willingly unfair but I am clearly of the opinion that anyone who worked in a regulatory position in a bank that has had umpteen (funny) issues over the years is not my choice as Ombudsman.?


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