# Solicitors for Tracker cases



## mccoypat94 (4 Feb 2018)

Anybody have experience with solictors  who are taking on tracker cases?  P Kissanne is the man I know but im sure he has more than he can deal with at present , anybody else strong in this field?  Even on a no win no fee basis?


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## Apples82 (4 Feb 2018)

I believe Anthony Joyce has a sustanstial number of tracker "victims" on his books.


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## Brendan Burgess (4 Feb 2018)

Most solicitors have no understanding of the process. 

The lender has an Independent Appeals Process which is free and quick and which you should use first.

If you dont' like the result you can go to the Ombudsman, which is free and quick. 

But solicitors will automatically issue legal proceedings which are risky, costly and time consuming. 

Brendan


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## IKEA06 (4 Feb 2018)

Solicitors and Legals may understand contract law, and quite rightly so, but they have precious little understanding of how a mortgage works. They rely on the banks to be clear, honest and regulated for their trust on the financial workings.

The banks have been proven to be wrong on their understanding of contract law. Experience would suggest that there's every expectation they'd be wrong on the financial workings as well.


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## moneymakeover (4 Feb 2018)

Brendan Burgess said:


> If you dont' like the result you can go to the Ombudsman, which is free and quick.
> 
> But solicitors will automatically issue legal proceedings which are risky, costly and time consuming.
> 
> Brendan




If the bank has already admitted liability, how bad can the court case go for the borrower?

Also, if the ombudsman result is not as expected there is just couple of weeks to take legal action. Who wants to fight the ombudsman in court?

Thus not an option

Therefore what you're suggesting is to accept what the system is offering


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## Brendan Burgess (4 Feb 2018)

moneymakeover said:


> If the bank has already admitted liability, how bad can the court case go for the borrower?



Very bad.  It could take a long time and the court might well decide that no further compensation beyond the amount already paid is due. 

I am not saying that people should not go to court. I am saying that they should use the Independent Appeals Process first in every case. There is nothing to lose and a huge amount to gain. 

If you are not happy with the Appeals Panel's decision, they you have to choose between the Ombudsman and the Court.  If you go to the Ombudsman, in reality, you can't go to the court. 

Brendan


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## mccoypat94 (4 Feb 2018)

How does one appeal not being included in a redress by the lender?


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## peemac (4 Feb 2018)

mccoypat94 said:


> How does one appeal not being included in a redress by the lender?


There's probably a misunderstanding here - you are unhappy that your mortgage has been deemed not impacted.

But as the central bank examination is not over, the ombudsman is not taking cases on that until the examination is finished .

As for going the legal route of solicitors - forget it. In a strict legal interpretation,  the bank would probably win as the courts must go by that and in addition, the bank's legal team will be far far better than anything you could put together unless money was no object. 

The central bank examination is really the only game in town.


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## mccoypat94 (4 Feb 2018)

Ok , but in the meantime there's nothing I can do?
Kbc say I can appeal, no?


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## Brendan Burgess (4 Feb 2018)

Have you asked the lender to confirm that you are not included? 

If they have not included you, then you can't go to their Independent Appeals Panel.

If they write to you and confirm that you are not included, you can complain about this decision to the Ombudsman.  The Ombudsman will probably hear such complaints. 

Or you can go to court, but as peemac says, the Central Bank has persuaded the lenders to go way beyond their legal obligations, so you would want to be very sure of your case, to risk going to court.

Brendan


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## Stitcher (4 Feb 2018)

Are there people who have gone through the appeal process who have received a better deal ?


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## Brendan Burgess (5 Feb 2018)

Yes. 

According to Padraic Kissane - all the customers who went through the more serious Appeals Panel in ptsb got a good settlement. 

About 15% of those who went through the less serious Appeals Panel got an increased amount. 

I don't have any feedback on the other banks. 

AIB is settling many cases with additional compensation before they even reach the Appeals Panel.

Brendan


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## Aisling1 (5 Feb 2018)

Could anyone recommend a good PIP in Dublin that could advise ?


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## TLO (5 Feb 2018)

Aisling1 said:


> Could anyone recommend a good PIP in Dublin that could advise ?



Jim Stafford, a frequent contributor to this forum, may be able to help.  Contact details available on www.frielstafford.ie

Anthony Joyce is also worth talking to.  Contact details available on www.anthonyjoyce.ie


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## Aisling1 (5 Feb 2018)

TLO said:


> Jim Stafford, a frequent contributor to this forum, may be able to help.  Contact details available on www.frielstafford.ie
> 
> Anthony Joyce is also worth talking to.  Contact details available on www.anthonyjoyce.ie


Thanks so much for that , I presume I should contact them prior to lodging an appeal ? Or should I appeal first ?


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## TLO (5 Feb 2018)

Aisling1 said:


> Thanks so much for that , I presume I should contact them prior to lodging an appeal ? Or should I appeal first ?



Suggest that, before doing anything, talk to both.  See who you feel most comfortable in working with.  Jim is an accountant, Anthony is a solicitor.  Depending on your own circumstances you might be better with one or the other.


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## Aisling1 (5 Feb 2018)

Thank you , I ll ring both


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## mccoypat94 (5 Feb 2018)

Brendan Burgess said:


> Have you asked the lender to confirm that you are not included?
> 
> If they have not included you, then you can't go to their Independent Appeals Panel.
> 
> ...



Hi Brendan

Yes I have recieved confirmation that I am not included.  They told me on the phone that I can appeal.  Am I just appealing to them, to throw it out again or an independant body? or do I go straight to the ombudsman?

I believe I am being left out of a cohort as KBC are using the date I began the mortgage application rather than the date I decided to proceed and accept their letter of offer.  I believe this is outrageous and shouldnt stand up.


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## Brendan Burgess (5 Feb 2018)

mccoypat94 said:


> I believe I am being left out of a cohort as KBC are using the date I began the mortgage application rather than the date I decided to proceed and accept their letter of offer.



Have you received this in writing? If not, ask for it in writing. 

I see no point in your taking legal action on this one on your own. There are others affected and you should get together and pool your resources. 

Brendan


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## mccoypat94 (5 Feb 2018)

Brendan Burgess said:


> Have you received this in writing? If not, ask for it in writing.
> 
> I see no point in your taking legal action on this one on your own. There are others affected and you should get together and pool your resources.
> 
> Brendan



Thanks Brendan

I will call them and request it in writing now.


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## Jazzer1 (5 Feb 2018)

Brendan Burgess said:


> Have you received this in writing? If not, ask for it in writing.
> 
> I see no point in your taking legal action on this one on your own. There are others affected and you should get together and pool your resources.
> 
> Brendan


Brendan, I rang kbc 10-11 days ago and they told me over the phone my account is not impacted. I asked them that day for it in writing and I also emailed them the same. Why in your expertise are they not sending out written clarification to us on this subject?....or are they just trying to ignore us. I have not received any rational answers and neither as anyone else.


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## Daisy duke (12 Feb 2018)

Hi @Jazzer1, did KBC ever send you this confirmation in writing. I have been trying to get the same from them for over a week now without success!


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## Jazzer1 (12 Feb 2018)

Daisy duke said:


> Hi @Jazzer1, did KBC ever send you this confirmation in writing. I have been trying to get the same from them for over a week now without success!


Hi Daisy duke, I have received nothing from kbc since Dec. They have not written to me formally to say I'm not impacted. I rang today and they told me my application was 9 working  days over in Feb 08. Just another excuse.


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## Missladycakes (18 Jul 2019)

Any update for those who choice to go to court with the tracker issues?


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## TomR81 (29 Sep 2020)

I am in the same boat as you Brendan. 
I have written to KBC regarding "c. 650 PDH (Private Dwelling Home) mortgage accounts are now also identified as impacted. These related to new mortgage applications in the period November 2006 to February 2008 ". I was told I did not meet all criteria and fobbed off. I forwarded their reply to padraig kissane but haven't had a reply. Have you heard anything regarding your case?


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