# Appeal Help please!?



## elbo (12 Jul 2016)

So after practically 1 year of deciding to appeal or not, all your post on here have given me the kick up the back side to just do so, my energy has been low about this til now, its been a long battle, so its a last min job... (i've had the appeals form this 6 months sitting on my worktop....)
So I need your help please, so far I have doctors letters for different stress related illnesses both of us have over the last 6 years, pension not being paid into (himself), health insurance cancelled, personal impact statement, dentist bills, crèche receipts for all the bank meeting we had to go to, family loan statements, our mortgage was restructured....and we were unable to pay so from stories on here that seems to have some standing? I was made redundant in 2010. (I worked for a bank ..LOL, if only it were funny)  What do you think is there anything else I am missing or could get to prove financial hard ship, I want to hit them with a paper vault.  We have a lot of maintenance issues with the house... as in lack of maintenance, any ideas on how to prove that?

We took out the mortgage in march 2008 and were fixed for 1 year until march 2009, broke out of fixed in jan 2009, so in the redress as our tracker was not specified... we were given rate of 2.25 + ECB, so I don't think we have a case on the rate, as that was rate at the time anyway??

Now I know all ye good willing folk will tell me to get professional help, but there is literally no cash left in the pot, so its a solo operation (with 3 tiddlers,and one of us working there is no option there)


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## Brendan Burgess (13 Jul 2016)

elbo said:


> I was made redundant in 2010. ...
> 
> We took out the mortgage in march 2008 and were fixed for 1 year until march 2009, broke out of fixed in jan 2009, so in the redress as our tracker was not specified... we were given rate of 2.25 + ECB, so I don't think we have a case on the rate, as that was rate at the time anyway??



Most appeals are rejected with the following standard wording:






You had two or three causes of stress
1) You lost your job - this may have had a far greater impact than the loss of your tracker from ptsb
2) You don't seem to have gone back to work? Did you also increase your family size during this time?
3) You lost your tracker

In my view, your appeal will simply be rejected if you claim that all your woes were down to ptsb alone.

You will need to show that the stress would not have occurred if ptsb had charged you the correct rate.

I suggest that you do a calculation along the following lines.  (I attach the document in Word so you can fill it out yourself.)

Check the actual rates you were charged and the actual payments  from your statements.

Then you will have to work out what your repayments should have been using a mortgage calculator. 






If your net income  dropped by €30k and you were overcharged €5k by ptsb, and you fell €20k into arrears, then the overcharge is not the cause of your stress. You would have been in €15k arrears anyway.

If you engaged with ptsb and they rescheduled your mortgage so that the payments were actually lower than they would have been on a tracker, you have almost no case.

If your net income dropped by €5k, you were overcharged by €30k, and you were in €10k arrears, then you can allocate almost all of the stress to ptsb. You would not have been in arrears had you not been overcharged.



Brendan


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## elbo (13 Jul 2016)

Thanks Brendan we were always on a rescheduled arrangement so prob will have no joy then as we met these payments bar a few times, arrears minor


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## Brendan Burgess (13 Jul 2016)

If the rescheduled amounts were less than the payments you would have made had you been on the tracker rate, then I don't see that much of the stress is due to the interest rate. 

If you have paid what you should have paid , then they should fix your ICB record. 
Brendan


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