# EBS Tracker appeal on buy to let unsuccessful



## Brendan Burgess (2 Aug 2017)

Sent via PM to me by Joey12


I just want to share with you all that my Tracker Appeal was unsuccessful and I got this confirmed by post yesterday.
I made the appeal application in April 2017.
It is very tedious and laborious process.
It seems to have bee a waste of time as the "independent Panel" rejected my appeal.
I appealed on a number of points both financial and. Non financial,
I will post further detail if people request it,
Has anyone gone to court yet around the Breach of contract issue.
Best Regards


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## Brendan Burgess (2 Aug 2017)

Hi Joey 

What were you appealing? 
The rate 
The compensation offered? 

On what grounds did they reject it? 

Brendan


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## Joey12 (2 Aug 2017)

Hi Brendan
I appealed the compensation level and the rate as it discriminated between BTL and PDH and the redress process as it did not take into consideration the opinion of  wronged party regarding the impact of the overcharging.
In my opinion 
The Appeals process seems to be a box ticking exercise for the Bank.
Can the Appeals process Be truly independent because the Bank own and pay for the process.


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## Mauritius (2 Aug 2017)

So you're saying you did get your tracker rate back? But you were unhappy with the terms?


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## Brendan Burgess (2 Aug 2017)

I am sorry, but that makes very little sense.

There is a huge difference between someone being overcharged on their home and on their buy to let.  The risk that someone might lose their home is a more frightening experience than the risk that they might lose an investment.

Can you provide more details?

1) How much is your mortgage?
2) How much were you overcharged?
3) What redress did you get?
4) How much did you appeal for?

Brendan


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## notabene (2 Aug 2017)

Breach of contract case must be taken within 6 years of the breach - time limits were lifted with respect to the FSO but I don't know if this is the same with the courts - the courts are normally very strict on timelines. You could possibly argue that the bank was in continuing breach, ie the 6 year period started a new each day they were in breach - but this could be tenuous though I know it has been used in some employment cases.


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## deanpark (2 Aug 2017)

Hi Joey12. Sorry to hear about your experience - I will be submitting an appeal in the next month or so iro a BTL overcharge.

Interested to see if you applied by yourself or used the services of a professional firm to assist you with the preparation and submission.


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## Brendan Burgess (2 Aug 2017)

Hi Dean

I think it would be helpful to others in the same position to hear what the case is, if you don't think it might compromise your appeal? 

Brendan


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## deanpark (2 Aug 2017)

Hi Brendan - will do so.

 I am on hols this week - back next week and will post a summary then.  Even deanpark needs some R&R.

DP


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## Joey12 (3 Aug 2017)

Hi Dean,
I used my Accountant to check and gather some of the information.
I felt that I was best placed to understand my own accounts and therefore I made the Appeal application myself with the aid of my accountant.






The don't really provide reasons for the decision aside from I did not provide this further information.
This info was p60's,revenue statements which I did not refuse to submit but advised the panel I was available to meet to discuss the further issues.
I was completely transparent and advised the reason for not submitting the information.


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## Brendan Burgess (3 Aug 2017)

Hi Joey

It's impossible for anyone here to say whether this is a fair decision or not. 

You have not told us what the nature of your claim is. 

I will be honest - it's very difficult for us to get the information from you in a coherent way. 

If AIB had the same difficulty, then they would have no option but to say "there is no evidence that the loss arose due to the incorrect rate" 

Brendan


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## Joey12 (3 Aug 2017)

Hi Brendan,
Thanks for your response.
I have a folder of correspondence with the appeals panel probably 15 letters.
Its impossible to give all the details and personal circumstances on this forum.
I'm not asking for anyone to say if it was a fair decision or not.
I just wanted others Appealing to know how I got on,
I think it is imperative that people making an appeal should be given the opportunity to meet the appeals panel.
That's it from me,
Just trying to help others Appealing


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## Brendan Burgess (3 Aug 2017)

Hi Joey

Just summarise your case. 

There would be absolutely no point in the Appeals Panel meeting you, if you had not articulated your case properly and if you had not submitted all the documentation. 

You can still go to the Financial Services Ombudsman or to the Court.  But you won't win your case if you are unable to make it clearly.

It's not enough to say "I want more!"

Brendan


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## Dpdp01050842 (25 Oct 2017)

My appeal on selling a BTL had the exact same response (first paragraph) word for word from the independent committee.

I was overcharged circa 40k over 6 years. During that period I borrowed between 200-300 per month to cover the mortgage and when I could no longer borrow I  sold my property with a 100k loss. I didn't want to sell but I couldn't affoard the mortgage. 

By the time I got the redress I was informed that at the time I sold the overcharged amount was 800 a month. I would not have sold had my internet been the correct amount. 

Panel did not agree that the overcharged amounts led to the sale of my property.

I've gone to the ombudsman.


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## Dpdp01050842 (25 Oct 2017)

I don't know why the title is KBC. I didn't type this 

https://www.askaboutmoney.com/threa...naffordable-on-svr.202447/page-2#post-1514599


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