# 6 year time limit -Ombudsman says we are out of time



## womble (13 Feb 2015)

Hello,

Quick question if possible. We had a tracker - fixed and then broke, paid a fee and back on variable. After Thomas Judgment trying to see if we can get tracker back as feel as in same position. Our dates are:

Got mortgage in 2006 (tracker)
fixed in July 07
broke 5.12.08 (having taken advice from AIB on the 4th)
lodged our complaint on the 10.1.14.  (ombudsman accept that is date of complaint) however we had a very sick child and in total 3 children under 3 so just didn't get anything done on it.
Wrote to Ombudsman again last week. Received letter yesterday --Told that the start of the 6 years is July 07 when we fixed.  Therefore out of time.
We contend that it is not that it is the date we broke which set the chain in motion.  My husband has read the Thomas appeal inside out and it seems the date in question in that case what the date of breaking out of the fixed mortgage and not the date they fixed.  I am not so sure.

Has anyone had this problem? or does anyone have an opinion as to the date that would be correct?
thanks


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## Brendan Burgess (14 Feb 2015)

Hi womble, the 6 years starts from the date of the behaviour complained of. 

What did AIB do wrong that you are complaining of and what date did it happen? 

Brendan


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## twofor1 (14 Feb 2015)

womble said:


> Hello,
> 
> Quick question if possible. We had a tracker - fixed and then broke, paid a fee and back on variable. After Thomas Judgment trying to see if we can get tracker back as feel as in same position. Our dates are:
> 
> ...



Did you ever formally ask AIB to put you back on a tracker ?

If you did and they said no, then the date of their refusal is when the conduct complained of occurred, and as such, I think that is the relevant date.


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## womble (14 Feb 2015)

twofor1 -no we did not formally ask AIB to put us on a tracker - I will explain situation below but basically we thought it was our own stupid fault for breaking out of our fixed in 2008.

Brendan, we are complianing that they never told us about going back on the tracker when we broke from our fixed in December 08.

when we discussed fixing I rang my branch of AIB (who I have been with since a child and know them well so have got my mortgage with them and have always done everything through them)

We fixed in July 07. On the 4/12/08 i rang my branch and discussed with the manager (as my usual fella who deals with mortgages wasn't there) He told me the breakage fee was €1700 and that with interest rates being lower  at the time we would get that back in no time.  I asked him for his view. He said it was a  good idea.  ( I had also discussed it with my ususal fella a different time who told me he had fixed his own mortgage himself) Anyhow we broke. We got a variable rate.   We were upset but didn't complain. I don't know why... anyhow we fixed again some time later and broke again, the fee was nothing this time and they went to put us on a higher rate that I had agreed with my bank manager.. When I had spoken to my bank manager I said i was particuarly upset because we had lost our tracker and the bank were effecitively pulling the wool over our eyes again. He agreed.  I took a case to the Ombudsman and we won.

I wonder have we effectively acquisced to the issue by not saying anything and fixing again?  My husband thinks not and the dealings we have had subsequent to the breakage are seperate to the fact that we simply weren't told of the issues when we decided to break from a fixed.  Aib have written to state that tracker mortgages weren't avaialble anymore so we couldn't get it and that is why we were put on variable.. (usual standard letter).

I am down at home for a few days at the minute and could go in and discuss this with my bank manager and put the issues to him again? I know for a fact that I got so inscensed the second time of breaking because of of the inital incident with loosing my tracker and my manager was aware of this.


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## twofor1 (15 Feb 2015)

womble said:


> we are complianing that they never told us about going back on the tracker when we broke from our fixed in December 08.



For the FSO to consider this complaint he would need to have received it before December 2014.


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## Brendan Burgess (15 Feb 2015)

womble said:


> I took a case to the Ombudsman and we won.



With respect, I simply cannot follow your story. 

You lost a tracker. But you won your case with the Ombudsman. 

I suggest you start a fresh thread detailing the whole story  comprehensively and in chronological order.  What complaint you made to the Ombudsman and what compensation you got. 
Brendan


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## womble (15 Feb 2015)

Twofor1-we complained jan 2014 so we are ok I think..ombudsman doesn't think so though.
Brendan, you're quite right! It's confusing to read all right. I'll do a complete cronigical post in the next day or so. Thanks


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## womble (19 Feb 2015)

I just want to update my post regarding the Ombudsman saying we were out of time regarding our complaint. (however post is locked and can't..?) anyhow, just to say we got a letter of apology today from the Ombudsman and said he will look at our complaint!
As you all pointed out - the date of complaint is the date of the behaviour complained of (i.e not being informed of the breakout) and not the date of fixing the mortgage.

Thank you for the advice.


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## Brendan Burgess (19 Feb 2015)

Hi womble

That is really great news.  It's very hard to get the Ombudsman to change his mind.

However, your story is still far from clear. 

It could help a lot of people if you started a new thread laying out the story in chronological order.

Brendan


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