# Not happy with Appeals Panel award. Is it worth going  to the Ombudsman?



## Freedom21 (22 Apr 2021)

Hi. Looking for advice please.
I appealed my redress situation and got as far as a hearing with an indepentant appeal panel. My financial adviser thinks I should accept the offer on the table now. I disagree with this and would like to know my options if I reject the offer and keep going all the way to the FSPO. Is this a big risk? How much longer could it drag on for? Its already been a few years to get this far. Just confused now at this stage as to what is the best option...


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## SaySomething (23 Apr 2021)

This all depends on how long you can afford to hold out for. There is a very LARGE delay on tracker cases being processed at the Ombudsman's office. It's due to a combination of the number of cases to be assessed and certain banks deliberately delaying the process. If you make a complaint to the Ombudsman you can expect to wait at least 18 months but likely over 2 years before the Ombudsman reaches a final decision.

I submitted a tracker case to the Ombudsman in late 2019 and it's likely to be 2022 before I get a final decision. Prior to that, between the bank's internal processes and the appeals panel, we spent a further year waiting. 

My advice would be to consider the time value of having your appeal upheld now. Also worth thinking about what happens if you go to the Ombudsman and you receive a lower compensation figure as a result. That can happen. Your original redress/compensation will stand but what you're being offered by the panel now is a one-off.


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## Brendan Burgess (23 Apr 2021)

Freedom21 said:


> My financial adviser thinks I should accept the offer on the table now.



About 90% of Ombudsman complaints are effectively rejected.  The complainant would be very dissatisfied with the decision. 

And that is not because the Ombudsman is unreasonable. It's because the complainants are unreasonable. 

You have a financial advisor. They know your circumstances and have given you advice.

No one here can give you better advice without knowing your case.

The only issue would be if the Appeals Panel  had made a huge error of fact in their decision.  If you judge that the distress was worth €50k and they think it's worth €10k.  Then I would guess that the Ombudsman would be at or below the €10k level.

While the Ombudsman has been great in getting people back their trackers, he has not been overgenerous in tracker compensation cases.

Brendan


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## Calamity (23 Apr 2021)

Hi Brend


Brendan Burgess said:


> About 90% of Ombudsman complaints are effectively rejected.  The complainant would be very dissatisfied with the decision.
> 
> And that is not because the Ombudsman is unreasonable. It's because the complainants are unreasonable.
> 
> ...


Hi Brendan,
 if someone should have been on tracker since the start of their loan they must be entitled to redress and compensation of the length of time they were not on a tracker rate.


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## Steven Barrett (23 Apr 2021)

Freedom21 said:


> Hi. Looking for advice please.
> I appealed my redress situation and got as far as a hearing with an indepentant appeal panel. *My financial adviser thinks* I should accept the offer on the table now. I disagree with this and would like to know my options if I reject the offer and keep going all the way to the FSPO. Is this a big risk? How much longer could it drag on for? Its already been a few years to get this far. Just confused now at this stage as to what is the best option...


We don't know any details of your circumstances. But you also are emotionally caught up in things. Part of why you are using a financial advisor is for them to give you objective advice. If they have experience in this area, they will know what it worth pursuing further and what is not. Listen to the expert opinion that you hired first.


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## deanpark (23 Apr 2021)

I was in OPs position and accepted AIBs offer. I was happy with it but would have liked more! Adviser (PK) said to take the offer and move on with my life. If I was very wealthy I may have gone to Ombudsman and taken the risk but I may have got less or nothing.  A bird in the hand etc....


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## tonymac (23 Apr 2021)

SaySomething said:


> This all depends on how long you can afford to hold out for. There is a very LARGE delay on tracker cases being processed at the Ombudsman's office. It's due to a combination of the number of cases to be assessed and certain banks deliberately delaying the process. If you make a complaint to the Ombudsman you can expect to wait at least 18 months but likely over 2 years before the Ombudsman reaches a final decision.
> 
> I submitted a tracker case to the Ombudsman in late 2019 and it's likely to be 2022 before I get a final decision. Prior to that, between the bank's internal processes and the appeals panel, we spent a further year waiting.
> 
> My advice would be to consider the time value of having your appeal upheld now. Also worth thinking about what happens if you go to the Ombudsman and you receive a lower compensation figure as a result. That can happen. Your original redress/compensation will stand but what you're being offered by the panel now is a one-off.


Hi there, i do sincerely hope you are right with youre 18 months to 2 year waiting time guess there. It could maybe be the bank you are dealing with or the issue or otherwise as they are different but i do know of people involved with a different cohort waiting an awful lot longer, eg 6 or 7 years.


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## PFS7979 (23 Apr 2021)

As I understand it, you can lodge your redress cheque without prejudicing your ability to appeal?

My wife appealed her award to CB panel and got zero extra.

I put argument together and went to fspo and ended up achieving a fair outcome involving 25% additional payment. This was achieved through mediation process that fspo facilitated.


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## Freedom21 (29 Apr 2021)

Hi Everyone, 
Thanks very much for all the advice.
 I'm sorry to be getting back so late on this.
I know I have a very strong case and just feel I'd always regret not going all the way considering the bank involved went all the way to try and reposses my house. I just feel I'm being fobbed off with a low enough offer to get rid of me.
Just to clarify  the offer is reasonably high but doesn't do enough to erase the damage caused. It's not about greed it's about feeling I've gotten justice for what was done to me and my kids.
I'm trying not to go into specific details but I also feel if the panel are offering that amount because  they can see how strong my case is and surely the Ombudsman would too.??
Sorry still trying to figure out how do the right thing here. I do want to put all this behind me. The thoughts of another 2 to 3yrs of it, is not good either. But at least I'd know I went as far as I could.


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## Brendan Burgess (29 Apr 2021)

I have seen awards from the Panel that were far more generous than the Ombudsman would have awarded. 

Read the Ombudsman's decisions on trackers.  I have seen him say words to the effect "The complainant was wronged but the compensation offered by the bank was adequate and no further money should be paid." 

The Panel is actually independent. They have made the award because they think that is what it is worth. They don't have an agenda. It's irrelevant to them whether you go to the Ombudsman or not. 



Freedom21 said:


> I know I have a very strong case



I don't know anyone who went to the Ombudsman thinking that they hadn't a strong case.  Yet, the Ombudsman substantially rejects 80% to 90% of claims.

Take your financial advisor's advice and get on with your life. 

If you take it further and get less which is very likely, you will be bitter about it for a long time.

Brendan


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