# Succeses!  Got my tracker back from BoI after fixing



## Liba (19 Feb 2014)

We bought a house in 2004 and got a tracker mortgage
With BOI. We fixed in 2005 for 5 years. When it came up for
Renewal in 2010, the options were LTV, 2, 3 and 5 year fixed.
There was a box warning of loss of tracker option if fixing. The offer list never stated tracker anywhere just LTV and the fixed rates. No mention of ECB rate + base point addition. 
Is there a hope of arguing return to tracker?
Thanks

This was a post placed by my wife in 2012. Like so many, we were frustrated and angry an unsure how to proceed. There were a number of posts mentioning Padraic Kissane and we contacted him directly. Padraic is an independenet financial adviser with considerable experience in this area. We discussed the issues with him and he explained that he had successfully contested a number of similar cases, althought there could be no guarantees. He outlined where he felt the bank had failed in their responsibilities to us. We were hopeful but frankly, a little sceptical. Padraic was very 'up-front' about the approach he would take and any fees that might be incurred.

I am pleased to report, that with Padraic's help, some stronly worded communication and after a process of about four weeks, we have had our tracker restored and interest repayed from the time our fixed rate was restarted. For those of us with limited experience in this area,it really pays to seek expert advice. Of course, there are fees involved, but the initial engagement was relatively modest and any subsequent fees are based on a percentage of the repayment of the overcharged interest. My advice, if you are are struggling with the banks, engage an independent expert. Naturally, based on his track-record, I reccommend Padraic Kissane but you may have somebody else in mind. Seek that advice now... it made all the difference in our case.

We would like to thank you all for your help and advice and wish every success in seeking a resolution with the banks.


----------



## Bronte (19 Feb 2014)

I'm amazed you got it back as the form for fixing stated you would lose your tracker, which was not the case for a lot of people.  But well done Liba, any idea of what you're wife's username was, we could then do a search to find it and link it to this.  

I agree though with you on hiring someone like Padkiss, I took my own case to the ombudsman on a  different matter, with hindsight, and knowing now who the odds are totally stacked in the banks favour I would have hired a professional.  

I assume that Padkiss took the case because he felt it would win, and that if it didn't you paid nothing but had to give up a percentage if you won.  Padkiss was on the radio a while back and got the ombudsman to agree to 'reopen' cases where he felt they had not been treated fairly, which I thought was pretty amazing.


----------



## WindUp (19 Feb 2014)

google says
http://www.askaboutmoney.com/showthread.php?t=165866

Well done Liba


----------



## Bronte (19 Feb 2014)

Welldone windup on finding the thread.  Great that this is another success story, Padkiss should change his name to *'the man* *who gets trackers back'*  I see now I made a mistake in my previous post, the OP didn't fix in 2010 and sign the form, it was that the form didn't give the tracker option, but in 2005 on the initial fix no warning was given of losing a tracker by fixing.  

Seems the tide is turning ever so slightly in these cases as nearly everybody recently seems to be successful with the return of the trackers.  

Liba, presumably you took the money rather than paying it off the mortgage, I know some banks tried to insist it be put towards the mortage, but one doesn't have to agree to that.


----------



## Liba (19 Feb 2014)

Relieved


----------

