# You can accept the compensation on offer from ptsb and still appeal



## Brendan Burgess (30 Jul 2015)

I am trying to decipher the letter. 


> Any  appeal  does  not  affect  your  right  to  the  redress  and  compensation outlined  above,  which  will  be  paid  directly  to your  nominated  account  upon completion  and  return  of the  appropriate  instruction  forms.  nor does  it affect your  right  to make  a  complaint  to the  Financial  Services  Ombudsman  or  to pursue  the  matter  through  the  Courts.



If I understand this correctly, everyone should simply sign the forms asking for the money to be paid to them and directing them to put them back on the tracker.

Even if you are not happy with the compensation, you can accept it and still appeal.


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## Brendan Burgess (30 Jul 2015)

And from page 6



> Your  decision  as  to  whether  to  accept  the  tracker  rate  mortgage  option  is NOT conditional  on your acceptance  of any redress  and compensation  due to you.  Accordingly,  you  may  complete  and  return  the  Payment  Authorisation and Account  Adjustment  Instruction  Form  to direct us to adjust  your mortgage account  and  to  organise  the  compensation  payments  regardless of whether you make a decision on moving to the tracker rate mortgage.



And on page 8



> Any  appeal  does  not  affect  your  right  to  the  redress  and  compensation outlined  above,  which  will  be  paid  directly  to  your  nominated  account  upon completion  and  return  of the  appropriate  instruction  forms,  nor  does  it  affect your  right  to  make  a  complaint  to  the  Financial  Services  Ombudsman  or  to pursue  the  matter  through  the  Courts.  There  is  more  detail  on  this  appeals panel  process  in the Customer  Guide  enclosed  with this correspondence.



And on page 10 Important Notes 



> You  may  return  the instruction  forms  to us to avail  of the tracker  rate  mortgage  and/or  to direct  us to adjust  your  mortgage  account  and  to  pay  the  redress  and  compensation  amounts  to  you  and  still choose  to appeal  these  issues  in due course  without  having  to return  any money  to permanent  tsb.


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## Bronte (7 Aug 2015)

I see the first appointment of three to the 'independent' review panel and according to Burgess it's a good choice

http://www.independent.ie/business/...resent-homeowners-on-ptsb-panel-31433899.html

_Former insurance ombudsman and one-time head of the Consumers' Association Caroline Gill is to represent homeowners ..._

Also noteworthy is the fact an award of up to 250K can be made.

______________

Interesting article on how she became ombudsman of insurance:

http://www.irishtimes.com/business/consumer-chief-to-be-insurance-ombudsman-1.164391


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## Suz2015 (23 Jan 2016)

Has anyone appealed yet?


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## Gilligan (17 May 2016)

hi looking for a bit of advise or to see if anyone else is in the same situation as us.. We fixed our tracker back in 2007 for 4yrs and then looked to come back off it in late 2008 rang the bank for a settlement figure to see if it would cost us to come off the fixed rate back to the tracker,  at the time we were told there would be no penalty for us breaking out  early (this particularly phone ptsb has no record of even though we gave the time and date on which we rang) and also told no tracker was available so we were put on a variable rate.  

Now the situation we are in now is the bank have paid us our money from 2011(the date on which our tracker was due to expire) to date and gave us our tracker back.

Still our argument is that we would be due our over paid money from late 2008 when we actually were told we could come off the fixed to a variable. we have appealed this with CAP and they have rewarded us with all other issues we had but this one the are saying we are not entitled to. So we are in the situation now that we don't know what to do weather to accepted or go to the FSOM or to get a solicitor  involved. As this is nearly 3yrs of our money we could walk away from not far off 10,000.
If anyone else is in a similar situation  could you please advise us as what to do or if anyone has got their money back from the day that they broke early and still had remaining yrs left from the there fixed rate.

thanks


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## Wardy7 (17 May 2016)

Gilligan said:


> hi looking for a bit of advise or to see if anyone else is in the same situation as us.. We fixed our tracker back in 2007 for 4yrs and then looked to come back off it in late 2008 rang the bank for a settlement figure to see if it would cost us to come off the fixed rate back to the tracker,  at the time we were told there would be no penalty for us breaking out  early (this particularly phone ptsb has no record of even though we gave the time and date on which we rang) and also told no tracker was available so we were put on a variable rate.
> 
> Now the situation we are in now is the bank have paid us our money from 2011(the date on which our tracker was due to expire) to date and gave us our tracker back.
> 
> ...



Gilligan, none of us have been given back that portion of the overpayment. Contact Padraic Kissane's office.


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## Suz2015 (17 May 2016)

Gilligan, you say you were awarded all other issues - what exactly does this cover? Did you get additional compensation and payment for other financial loses? Are you on the correct margin? Was the margin stated in your contract? As regards, the issue of breaking in 2008 and not being repaid from that date you should contact Padraic Kissane.


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## Gilligan (17 May 2016)

thanks *Wardy7* I will contact him.

*Suz2015*
Our other issues were in regards with us moving home in 2014 and we looked to have the tracker ported over to this new mortgage because if we were still on our tracker at the time of moving we met all the criteria to move our tracker with us, As far as compensation goes we have had our overpayments given back and a small amount of compensation 3000 we got back. In the new off that CAP sent back they propose to have us on a split mortgage of  1.25above ECB plus 1 because of the portability on the new mortgage and the balance is on 4.25 variable..

We have been going  back and forward with CAP now for months and it has come to the stage that they have given us 20working days to accept, also they have told us if we accept the proposal that we cannot go further about the money from 2008 as we have taken CAP's decision.

If we go with Padraic Kissane what way does his fees work is it case by case basis?


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