# PTSB - on expiry of fixed rate, tracker rate not specified



## jamesg (18 Sep 2015)

Can anyone help me with my query?.  We received notification in August that we were part of the redress scheme and included with the documentation was the terms and conditions of our agreement at the time of our mortgage.  The redress offer was ECB rate +3.25.  I contacted the PTSB helpline and told them that we never received or saw the terms and conditions they had sent us in August 2015.  I called into our local branch to see if they had any documentation referencing the terms and conditions but they didn't.  I called the helpline again and asked for a copy of our signed acceptance of the conditions and dealing with 4 different people throughout August and into September I received 2 copies of the same documentation I had received back at the beginning of August, neither signed by myself or my wife.  
Eventually I received a one pager with our signed acceptance of the mortgage terms and conditions but the date had been altered from November 2006 to the 10th of December 2006 and the alteration wasn't signed or dated.  The printout date on the end of the Agreement issued at the beginning of August this year was 5th of December 2006.  
It appears that the date was changed on our signed acceptance to fit in with the dates of the mortgage agreement document.  At the time of applying for the mortgage (October 2006) we were told by the branch official that we would revert back to a tracker mortgage of ECB+1 at the end of our Fixed term.  
What should we do now?.  Have not appealed the decision of the rate offered yet.


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## Brendan Burgess (21 Sep 2015)

I have read your question twice and I really do not understand your question at all.

You go into a long spiel about notification of redress, which doesn't seem to have any relevance at all to whatever question you are asking. 

What does the mortgage agreement say? That really is all that matters.  

If you have some other documentation or emails, or possibly a note taken at the time of a phone conversation, which contradicted the agreement, then you might have a case. But you would have to explain why you signed a contract which did not reflect the conversation you had.

Brendan


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## jamesg (21 Sep 2015)

Hi Brendan thanks for reading my post.   The issue I have is that we never received the letter of approval-particulars of mortgage, special conditions or the European standardised information sheet when when we applied for the loan or when we signed the acceptance of loan offer which details how the tracker rate would be applied once the fixed rate had expired.  The first time we saw these documents was when I requested documentary evidence from ptsb last August of how they arrived at the 3.3 percentage rate.  The only documents we received from the bank were the agreement for the housing loan and another letter relating to the management of the account. Neither documents mentioned a tracker mortgage at all.
When I requested proof that we signed up to the conditions set out in the original approval letter ptsb sent out a copy of our signed acceptance.  This was a one pager with none of the terms attached. 

Our issue is that the date on the signed acceptance of loan offer has been changed from a date in November to the 8th of December. The documents relating to the original approval are dated after our signed acceptance i.e. 5th of December 2006. Therefore we could not have seen these documents. 

We were told by the bank official dealing with our application that we would be put on a ECB plus 1 when the fixed rate eexpired.


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## Brendan Burgess (21 Sep 2015)

Hi James

You or your solicitor would have received a copy of the loan approval. Go read that. If it says you are entitled to a tracker then you were initially entitled to one. 

The date issue seems a complete read herring to me.

Brendan


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## jamesg (21 Sep 2015)

Brendan
What I can say for definite is that we received nothing as we have retained all documents received from the bank from the beginning. 
I have contacted our solicitor at the time to see if they received it.
I don't see how you reckon the alteration of a legal document is a red herring.


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