# Had home loan tracker Mortgage



## sebbie (23 Feb 2015)

Had Home loan tracker mortgage on a rented house . Requested interest only for two years bank agreed but said I would loose my tracker home loan rate.  Bank Branch Manager got my mother to sign a letter of agreement using my name but she understood that if I lost the tracker home loan rate I would still have the home loan standard variable rate but instead the buy to let rate was applied I feel the Bank manager should not have asked nor accepted my mother signature


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## Brendan Burgess (23 Feb 2015)

Did you agree to surrender your tracker in exchange for interest only? 

If you did, you should not be trying to weasel out of it.

If your mother, behind your back, forged your signature without your knowledge, you should sue your mother.

Brendan


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## Brendan Burgess (23 Feb 2015)

Actually, you should report your mother to the Gardai, as I think that forging a signature amounts to fraud which is a criminal offence.

Brendan


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## sebbie (23 Feb 2015)

Brendan Burgess said:


> Actually, you should report your mother to the Gardai, as I think that forging a signature amounts to fraud which is a criminal offence.
> 
> Brendan


No Brendan you miss understood my mother did not forge my signature the bank branch manager asked and prepared a letter with his signature and his wording presented same to her and said he had got my consent .


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## Brendan Burgess (23 Feb 2015)

Sorry, I am a bit slow today. 

Did you give your mother permission to sign a document on your behalf? 

If you did not, then your mother committed fraud and you should report her to the Gardai. 

The fact that she was encouraged in her fraud by the bank manager is no excuse at all.  Your mother must face the full rigours of the law. 

Brendan


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## Bronte (24 Feb 2015)

sebbie said:


> No Brendan you miss understood my mother did not forge my signature the bank branch manager asked and prepared a letter with his signature and his wording presented same to her and said he had got my consent .


 
1) What does this letter actually state - full wording please
2) What has your mother got to do with your mortgage - or is she guarantor
3) If your mother has nothing to do with your mortgage I don't see how any document she signs is binding on you
4) Did you willingly give up your tracker for the fixed rate?  That part seems clear to me.
5) But you were *told* that you would then go back to the SVR on home loans and not SVR investment - was this mentioned in the letter of consent or the mortgage change documentation you signed

_6) In an idea world when people are signing away their rights to good products like trackers they should get 'independant legal advice' or at least understand what they were doing._


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## Bronte (24 Feb 2015)

Brendan Burgess said:


> Did you give your mother permission to sign a document on your behalf?


 
It's highly unlikely she did this, but it's very strange no matter what that a branch manager would accept it signed by the mother.  That's crazy stuff.


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## Gerry Canning (24 Feb 2015)

Bronte said:


> It's highly unlikely she did this, but it's very strange no matter what that a branch manager would accept it signed by the mother.  That's crazy stuff.


Bronte.
Could be that Ma from day one had unofficial control over the account.
Upshot is she (signed off) on the tracker.I do not see what she did as (fraud)in a real sense.
In the (good) old days ? Bank managers did strange things and were trusted.
As stated; if Sebbie did not contracturaly agree to the changes then BOI should honour the contract as signed by Sebbie.

I do not see Bank letting customer off if case was reversed?
Maybe the documents will tell another story.


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## 44brendan (24 Feb 2015)

The "fraud" issue is a bit of a red herring here. There was obviously no attempt by the client's mother to defraud anybody. However, unless OP's mother had a Power of Attorney or was a joint signatory to the loan agreement she had no authority to sign any documentation on behalf of the OP. Ergo any document signed is invalid and can be contested.
However, there may be more to this than is apparent from the original post as I would have thought that the days when a banker would be foolish enough to be involved in such transactions were long over


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## sebbie (25 Feb 2015)

Thanks for your responses 
My mother did not think she was doing anything wrong by signing my name when the bank branch manager told her that he had my consent when she told me later I phoned the manager I told him I did not want interest only if it meant I would loose my tracker home loan rate but the manager told me I would not loose the tracker it is very clear that my mother writing is very different to mine


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## Bronte (26 Feb 2015)

Sebbie, your mother signed *your* name - is this correct?  And she has nothing whatsoever to do with this mortgage - is this correct?

If both are correct, why did your mother sign a document for you?  Where were you?


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## sebbie (27 Feb 2015)

I was away and the branch manager was going away for merdical reasons and my mother was in the branch on her own business and was approached in branch to sign a prepared letter written and signed by the said manager
Got letter from Home loans after this saying I was on interest only for two years never said thatI was loosing My tracker


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## Bronte (27 Feb 2015)

That's totally outrageous. 

1) It was none of your mother's business
2) It has no legal bearing
3) The branch manager should not be in a job if he thinks this is the way to carry on

Time for you to write a letter of complaint outlining the above to Head office complaints department.  They are going to have some job explaining this one to you.  I imagine you'll get your tracker back though.


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## Raging Bull (27 Feb 2015)

Pretty certain for the agreement to be valid it would need your signature per consumer credit act 1994 ...you would be well entitled to say non est factum...there has being similar high court cases to this

Crazy indeed


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## Gerry Canning (27 Feb 2015)

Raging Bull said:


> Pretty certain for the agreement to be valid it would need your signature per consumer credit act 1994 ...you would be well entitled to say non est factum...there has being similar high court cases to this
> 
> Crazy indeed


Sebbie;
From reading the threads, the Bank (via the manager) is completely out of order.
Insist on reinstatement of Tracker and Refund of extra interest.

Write to Bank (keep copies), that Bank unilaterally revoked your tracker and you want it back.
Doesn,t look like they have a leg to stand on.
That said , I think you may have a hard slog to get it , but its your money you are chasing.


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## 44brendan (27 Feb 2015)

sebbie said:


> I was away and the branch manager was going away for merdical reasons and my mother was in the branch on her own business and was approached in branch to sign a prepared letter written and signed by the said manager
> Got letter from Home loans after this saying I was on interest only for two years never said thatI was loosing My tracker


This is clearly an extremely serious allegation in respect of the bank manager. I'm sure that the facts as presented by you are correct. However, "personation" is a serious issue and it would appear that while your mother did sign your name, she was misled in doing so by the manager in question. I would assume that the manager is likely to deny any involvement in the matter as this is likely to be a dismissal issue. You need to fully establish your facts. make sure that all dates/timings in respect of the signing of the document by your mother are correct. A sworn statement from your mother would be a benefit. Clearly outline your complaint in writing. make it as brief and pertinent as possible. Avoid unnecessary embellishments. State your absolute dissatisfaction on what was done and outline your efforts to date in trying to get the matter rectified locally. Send a registered copy of the letter to the CEO of the Bank and to the manager. Ensure that both recipients are aware that the other has been copied. provided that your assertions stand up I am confident you will achieve a satisfactory outcome.


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## sebbie (2 Mar 2015)

Thanks 44Brendan
I have clearly outllined my complaint in writing to CEO of the bank I cannot send to the Manager as he has now retired "early retirment "

Has anyone heard of DILOSK Bank ??

Are they lending yet??


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