# Tanager changes its arrears calculations and withdraws legal action in some repossession cases



## Poldara (22 Dec 2017)

Update: I have edited the title to reflect the fact that they are not dropping all legal actions. They are only dropping 30 cases - Brendan  

Hi all, letters are starting to come now from Tanager on the over charging of interest. My court proceedings have been dropped. What's going on, anyone hear anything. There's more to this then meets the eye!


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## Kitten (22 Dec 2017)

I got one too with proceedings also dropped and court expenses to be refunded and offering to meet.


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## Kitten (22 Dec 2017)

Happy to share our letter - note the heartwarming case study attached. 

Kitten


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## Browner (23 Dec 2017)

Well it’s great for those who have got their letters, it will help them enjoy the Christmas a bit better. 
We have no letter as yet, we got 2 letters stating the rate was reduce yet our repayments went up so we should receive a letter as some stage as the letter shown is very similar to our situation.


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## vicvol1 (27 Dec 2017)

I got the letter today. Willing to stand down the receiver that they appointed over the property. Would like me to contact them to arrange an appointment to discuss my desired outcome....  What is going on? They are evil.


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## Open air (27 Dec 2017)

Hey vivcol1, great to hear from you as i know these guys had been giving you a torrid time!!! This letter is great news, the ball is now in your court. Their miscalculations of arrears made it harder for you to get back on top.The more i think about it, we should be organising a class action lawsuit against tanager, here is hoping that their negotiations are respectful of their clients!!!


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## Nel (31 Dec 2017)

Wow, this is great news. I haven't received any such letter yet. I wonder will it be for all Tanager customers?


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## Brendan Burgess (4 Jan 2018)

https://www.independent.ie/business...es-after-arrears-miscalculation-36457385.html

"A spokesman for Tanager/Lapithus said repossession cases had been dropped where the revised arrears amount was substantially reduced, impacting less than 30 customers.

He insisted that nobody lost their home as a result of the miscalculation of arrears, but there were a small number of investment properties that were being examined." 

So they are continuing their legal proceedings in most cases. It's just 30 cases which will be withdrawn. 

The others will be based on affidavits which are wrong because the arrears are wrong. Presumably, they will be able to just supply new affidavits with the correct figures.

Brendan


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## Poldara (4 Jan 2018)

Guys I would recommend that you get a second opinion on your mortgage statements. It costs a €100  to have them scanned over and if they find anything it will then cost more to have a full check. It's hard to believe they had different methods of calculating over payments, should it not have been the same calculations for all  mortgage holders. This is a strange one!


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## vicvol1 (4 Jan 2018)

So, if you got a letter then you are one of the 30? I smell a rat! This sounds like them bypassing the arrears mistake they made, but more importantly, surely they must realise that their chance of repossession is weak? Is this ever going to end?


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## Rambo1 (4 Jan 2018)

Hi Browner, 

If I was in your position ?

1) I would pick up the phone NOW ( they are open LATE and ask for a full explanation......ask if you are to expect a letter re overcharging. Don't wait.

Re  They have been threating me with court proceedings and telling me to vacate my home in 14 days if I did not pay the lump sum arrears.

I assume then you're not currently in court ? or they have already got a possession order?  otherwise why would they be asking you to vacate your home ?  they can't do anything unless they have a judgement ??

Can you update as to how you get on with them on the phone NOW.............you have to fight , stay calm and record the conversation !


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## IdesofMarch (6 Jan 2018)

Brendan Burgess said:


> I would guess that Start has taken the view that it will not succeed in any case in the courts.
> 
> Tanager probably takes the view that as it won't succeed anyway, keeping the cases live keeps the borrowers under pressure.
> 
> Brendan


 
No registrar or Judge in the land will grant a possession order against a borrower who, due to changes in their circumstance, is still making repayments that cover the monthly interest portion of the mortgage; especially with the legacy issues surrounding the automatic capitalization of arrears, charge issues etc. that Tanager are saddled with. This, coupled with the Zehentner V Austria case [ECtHR 2009] and the ECJ [case c-34/13] Kusionova, with regard to proportionality of the loss of a home as against the breach of a loan contract. It appears to me, that Tanager  DAC may need to look afresh at the advices that they have been given, otherwise they may find themselves with a large legal bill, with not much to show Apollo Global.


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## Open air (6 Jan 2018)

Received another statement during the week which showed the wrong arrears amount on my statement, and of course no interest rate showed. So how are you supposed to know where you stand. My original loan letter states that i should be x amount above the ecb refinancing rate, i think i am currently being charged 0.3% above where i should be also.


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## Kitten (23 Jan 2018)

Still no 2nd letter outlining details. Mortgage went out at the same elevated amount. Have written insisting on loan being returned to performing in light of their capitalising our arrears again asked for our full file.


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## vicvol1 (31 Jan 2018)

The few who got a letter regarding the capitalisation of arrears in December, were told that they would recieve a letter by the end of January regarding the changes in calculating their mortgages (now that the arrears are gone.)


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## Cathal (4 Feb 2018)

Im new to forum.A receiver was appointed to my rental property last year eventhough i had very little arrears . They notified my tenant before me , they were extremely nasty to me to begin with but since the capitalisation of interest ruling they seem much friendlier , My solicitor advised me to offer to pay off my mortgage with my pension lump sum. I made Tanager an offer to do that as I thought it my only option which they have now accepted, It dosn't suit me to do this and i feel I have been treated very unfairly....... I have not yet accepted. 

Is the receivership invalidated the same way as the repossession order by the capitalisation of interest????

Anybody else in receivership with a rental property //


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## Brendan Burgess (4 Feb 2018)

If you had very small arrears according to Tanager, it is quite possible that you have no arrears in reality. 

You should refer them to that case and ask for a corrected statement. 

Brendan


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## vicvol1 (7 Feb 2018)

Did anyone of the 30 people who got a letter in December concerning ‘recalculation of arrears’ get a letter which was due at the end of January? 

Thanks.


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## vicvol1 (25 Feb 2018)

Where do we go from here? Tanager said that they would write regarding arrears recalculation by the end of January. It’s now the end of February... apart from a statement, I have heard nothing.


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## Brendan Burgess (25 Feb 2018)

What is the hurry? 

If you are facing legal proceedings, write to them and ask them to issue you a corrected statement and explanation before the next court appearance. 

If they ignore you, tell the Registrar who will not be impressed.

Brendan


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## Brendan Burgess (12 Mar 2018)

See attached for how Tanager explains what happened.

It's missing the last line which states: 

“were deducted from the outstanding balance under both calculations.”

Brendan


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## Central1 (25 Mar 2018)

Iv recently received one of there letters regarding a change in the way my monthly mortgage calculations are been made and I will hear back from them by the end of this month is this the same letter that you's have all received I ran this letter passed a someone recently and they reckon my mortgage  loan has been sold on again ??

Ps I cannot open any of the letters from Lapithus attached above


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## Central1 (31 Mar 2018)

Has anyone received a reply yet I was into Lapithus Thursday paying my monthly payments and asked was there an update ect regarding calculations and he told me that my letter was went out in the post which I havnt recieved yet and I asked him what it contained he informed me mortgage repayments have gone up 5 euro so I'l sit tight and wait on letter to study same taught payment were gonna come down not up


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## Prince pig (31 Mar 2018)

I received Phone call last Tuesday informing me my payments coming down by 200 a month due to the arrears error and had I any questions about the letter they sent .......
Strangely I have still received nothing either.


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## Central1 (31 Mar 2018)

Hi there 

Don't mind me asking are you paying full payments I'm only paying 85% of full payments at presents all arrears have been cleared 're ally taught my payments were gonna come down a few bob at least il sit tight wait to read there letter


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## Prince pig (1 Apr 2018)

Paying in full last 2 years plus additional amount off arrears each month.   Arrears total dropped approx 25% after recalculation also...... am awaiting the printed statements from them before deciding on what to do next.  
I would have thought if all your arrears have been cleared after the recalculation then you now have a performing mortgage and once you keep paying the monthly payments you have nothing to worry about from them ??


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## Central1 (1 Apr 2018)

I'm going back to full payments in may just had a temp payment in place buy taught after the calculations ect my full repayments might have come down and not up sure we shall wait on there letter ect

Ps the new calculatations didn't clear my arrears I did in the past


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## Brendan Burgess (10 Sep 2018)

Any update on this? 

Has anyone got a letter to say that their arrears were incorrect and that they have now been reduced by €x?


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## Prince pig (10 Sep 2018)

Without going into the exact figures in my case when I got the letter about the arrears dropping by 25% I was already in the process of applying for the recapitalisation of my arrears after 1 court appearance.   They agreed to the recap and it was all sorted a few months ago.   Arrears were substantial even after the reduction ( over 30k) ..
The thing about it is my new payments are a few euro a month less then what I had been paying as they had effectively recapitalized me by incorrectly charging me over last few years.  I am glad to be out the other end of it now.  My mortgage is one of the ones which could be affected by the Kane case.  I don’t know if this encouraged them to come to a deal with me or whether it was because of the county registrar telling them to try and do a deal with me or both.   Would be interested to know if any one else reached an agreement or is it still ongoing etc?


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## Brendan Burgess (12 Sep 2018)

The Central Bank wrote a long letter explaining this practice to the Oireachtas Finance Committee 

https://centralbank.ie/docs/default...mittee-re-calculation-of-mortgage-arrears.pdf

A total of 5,400 accounts were affected.  It does not deal with the issue of how far back it goes.









Brendan


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## Prince pig (12 Sep 2018)

Repossession cases have been dropped by 100 out of 5400.......
That’s less then 2%.    Seems very low or does it mean the revised figures didn’t make much difference to the borrowers overall situation with the lender.


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## Open air (13 Sep 2018)

To the best of my understanding the miscalculation has only been corrected as far back as 2014, which means there is probably still a big miscalculation


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## Thresa (9 Jun 2019)

Hi I am new to ask about money.Please can somebody help me about Tanager statements where can I go to get a second opinion?
Thank you


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