# AIB churned our mortgage so we lost our tracker



## Aibstress (24 Aug 2020)

Brendan, thank you for all of your support throughout this process. We received our cheque today but we are feeling very disillusioned with everything.  Our account is a "churned" account.... Mortgage was rewritten in 2007... We were told  by AIB that it had to be rewritten in order to get a top up on our existing mortgage. Our initial mortgage was July 2005 with a tracker of 1.25 % +ECB. In 2007, on AIBs advice we fixed for 5 years. We requested breakout 3 times between 07 and 2012 but we were only quoted SVR. The figures did not add up in our eyes to break out. Just wondering if you have any advice on this issue? Should our mortgage have been rewritten or should the top up have been a separate issue?  We'd appreciate your advice and input. Once again a sincere thank you for all of your hard work


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## Brendan Burgess (24 Aug 2020)

Aibstress said:


> We were told by AIB that it had to be rewritten in order to get a top up on our existing mortgage.



This is very interesting. 

Are you saying that you and your partner had a mortgage on 20 High Street for €200k. 

You wanted an additional €20k. 

They insisted that you take out a new mortgage? 

In other words, you were not changing the borrowers or you were not changing the property? 

Brendan


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## Aibstress (24 Aug 2020)

Yes Brendan that's correct   we only asked for a top up of 20k on our existing mortgage but they told us the loan had to be rewritten in order to get top up. Therefore we lost our tracker.  We were not changing borrower or property


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## Brendan Burgess (24 Aug 2020)

OK

There does not seem to be any reason at all for you to have given up your tracker mortgage. 

Of course, we have not heard AIB's side of this story, but I can't imagine why you would ask them to or even think of asking them to give you a new mortgage. 

There was no reason for AIB to ask you to do it either?  Except to extinguish your right to a tracker. 

Danske Bank did this as a matter of course because of their computer setup. 

Some of their customers have complained to the Ombudsman as they were excluded from the Tracker Review. 

The Ombudsman has reported that an unnamed lender has appealed on of his decisions on trackers to the High Court.

The High Court listing shows that Danske Bank has appealed a case to the High Court. 

I strongly suspect that this is the issue on which the Ombudsman has decided.  

So I think you should make a formal complaint in writing to AIB and ask for a tracker based on your 2005 initial mortgage. 

If they refuse, then you could lodge a complaint with the Ombudsman. 

Then keep an eye on the Ombudsman's published decisions or on High Court cases involving the Ombudsman and Danske.

Brendan


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## Aibstress (24 Aug 2020)

Brendan Burgess said:


> OK
> 
> There does not seem to be any reason at all for you to have given up your tracker mortgage.
> 
> ...


Thanks for the information and advice brendan... Will keep you posted


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