# "I want to make a complaint but it's over 6 years since I lost my tracker!"



## Brendan Burgess (13 Feb 2015)

For simplicity, let's assume you have a case identical to the other cases.  You broke out of a fixed rate before the end of the period, and ptsb put you on an SVR. 

Let's say you broke out in January 2009 - 6 years would bring you to January 2015, so it's over 6 years since you broke out. Are you too late to make a complaint? 

*Wait until you hear the outcome of the Central Bank review *
If the Central Bank finds that ptsb deliberately attempted to entice people off their trackers, then I would imagine that they will be told to review all cases and to ignore the 6 year time limit. 

*If ptsb says you are not entitled to your tracker...*

In my opinion, you can still take a case to the Ombudsman.  If your contract says that you are entitled to a tracker, then you should be on a tracker.  Under the Central Bank Act which set up the Ombudsman, the complaint has to be made within 6 years of the behaviour complained of. However, if it's ongoing behaviour, the complaint has to be made within 6 years of the behaviour complained of ceasing.  

In my view, the behaviour complained of is the charging of the SVR, which they are still doing. So you should be able to make a complaint and go back 6 years from the date of the complaint for a refund. 

The Ombudsman may take a different view and say that the behaviour complained of was the failure to offer you a tracker. However, if the Ombudsman takes that view, it should be challenged.


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## Gregory (13 Feb 2015)

Im in this situation, I left my fixed rate in January 2009.
But i wasn't due to start my tracker rate until May 2009.

Does the 6year period start from January or May?


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## Brendan Burgess (13 Feb 2015)

Hi Gregory

Interesting question, but you could look at it either way.

If it's January, you have missed the deadline.
If it's May, you have a  bit of time.

You should make your complaint immediately to ptsb as it will take them some time to answer. 
If you don't get an answer within 14 days, send a reminder and ask for a Final Response Letter. 
If you don't get an answer within a further 14 days, make a formal complaint to the Ombudsman. 

Brendan


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## Gregory (13 Feb 2015)

Appreciate the advise Brendan.

Im looking at it two different ways.
A) If my complaint is that they never informed me that i was forfeiting my rights to a tracker then it relates to January 2009 (over 6years).
B) If my complaint is that they never offered me a tracker, then it relates to May 2009 (under 6years).

Not including the 6year issue, I think case A stands a better chance than case B.

Could i take legal action (separate to the Ombudsman) for a complaint relating to over 6years ago?


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## southside100 (13 Feb 2015)

This is exactly what has happened to me, I broke out of a Fixed Rate with PTSB in Jan 2009. When I rang up last Friday to demand that my account is looked into I was told there is a review process ongoing that will take 12 weeks.

Are they purposely doing this to push people outside of the 6 years??? Another sneaky tactic from the bank really wouldn't surprise me.


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## Brendan Burgess (14 Feb 2015)

southside100 said:


> When I rang up last Friday to demand that my account is looked into I was told there is a review process ongoing that will take 12 weeks.



You should still make your complaint to ptsb now. And if they defer responding to it because of the review, make your formal complaint to the FSO.

This way you will be inside the deadline.

Brendan


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## Brendan Burgess (14 Feb 2015)

Gregory said:


> Im looking at it two different ways.
> A) If my complaint is that they never informed me that i was forfeiting my rights to a tracker then it relates to January 2009 (over 6years).
> B) If my complaint is that they never offered me a tracker, then it relates to May 2009 (under 6years).



Actually, there is a third way of looking at it. 

Since January 2009, you should have been on a tracker mortgage. 
they are charging you the SVR now instead of the tracker. 
You are complaining about ongoing behaviour, so the deadline is 6 years after the ongoing behaviour stops. 
So you should be still able to complain and ask for the refund to go back 6 years. 

Having said all that, it's best that you are formally in the system, so make sure to get a complaint in now. 

Brendan


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## Gregory (15 Feb 2015)

Thanks Brendan,
Could you advise us please on how detailed our complaint letter should be, and what are our grievance actually is?
Should it just be a short letter explaining that we were not advised that coming out of the fixed term early would result in the loss of our tracker?
Appreciate your advise.


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## Raging Bull (18 Feb 2015)

Gregory said:


> Appreciate the advise Brendan.
> 
> Im looking at it two different ways.
> A) If my complaint is that they never informed me that i was forfeiting my rights to a tracker then it relates to January 2009 (over 6years).
> ...


Yes if proven as a fraud in court limitation is 12 years...fraud is hard to prove


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## AppleSun (4 Mar 2015)

Can someone detail what the complaint letter to PTSB should contain? Like the others, I broke out in 2009. I specifically asked on the phone if there would be any penalties or implications and was told no.


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## joe351980 (20 Jul 2015)

Hi, i've a similar problem, as in I broke out of my fixed in Jan 09. I was due to revert to tracker of ECB + 0.80% in Aug 09. I'm sweating now and hope i didn't leave it too late to make a complaint. I contacted ptsb on numerous occasions about same, first back on 23/11/11. should my 6 year deadline be from this date when I first made an inquire??????


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## PTSBCase (20 Jul 2015)

I broke out the same time & I'm on the list of affected people. Most people affected broke out jan/feb 2009 when there was the 'technical glitch'. So I wouldn't loose hope. See the other thread re ringing tsb to see if you're on the list. Give them a ring. This should put your mind at rest.


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## joe351980 (21 Jul 2015)

Thanks PTSBCase, waiting patiently till 9.00.01 o'clock


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## Ger O'Mahoney (28 Jul 2015)

Hi - new to AAM so hope its ok just to ask a question. I was on fixed rate with PTSB but back in 2006 - I was not offered a tracker when this expired. do I have any case or is it too late to pursue anyway at this stage?


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## emeralds (28 Jul 2015)

When did you take out your mortgage with PTSB and when did you go on fixed? And were you ever on a tracker rate?


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## Brendan Burgess (28 Jul 2015)

You must look at your mortgage contract. If that says you have entitlement to a tracker, then you may have.

If it does not, then you don't.

Brendan


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## Ger O'Mahoney (30 Jul 2015)

emeralds said:


> When did you take out your mortgage with PTSB and when did you go on fixed? And were you ever on a tracker rate?


Hi - thanks, I took the mortgage out in June 2005 and went on a fixed for first 12 months. I was not on a tracker as I was only offered another fixed or a return to variable at June  2006 - but the renewal letter did mention that they had trackers available.


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