AIB 300 Cohort. Repossession proceedings discontinued

J

Jumping Jenson

Registered User
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Hi Brendan

In my case I received the overall summary letter as part of the 300 cohort 3 weeks ago.

That letter and a second letter I received today only now indicate legal action has been discontinued.

On 27 October 2020 my repossession case was adjourned pending me completing a trial ARA in early 2021 facilitated by MABS with AIB.

No mention of tracker redress - do I have a case for further compensation as the bank did not stop the pain until very recently.
 
Have you received the letter with the cheque and write-down yet?

You will have a right to appeal the level of compensation paid.

To be fair to AIB, in most cases where they took legal action, the borrower was paying very little and was not engaging.
It wouldn't have mattered if the interest rate was 4.5% , 1% or 0% , if they were paying nothing.

However, if you were engaging and paying a substantial percentage of your monthly payment, then they would not have taken legal action against you had you been on a tracker from the start.

So, in that case, you would have a good claim for additional compensation.

Brendan
 
Brendan Burgess said:
Have you received the letter with the cheque and write-down yet?

You will have a right to appeal the level of compensation paid.

To be fair to AIB, in most cases where they took legal action, the borrower was paying very little and was not engaging.
It wouldn't have mattered if the interest rate was 4.5% , 1% or 0% , if they were paying nothing.

However, if you were engaging and paying a substantial percentage of your monthly payment, then they would not have taken legal action against you had you been on a tracker from the start.

So, in that case, you would have a good claim for additional compensation.

Brendan
Click to expand...

If I make a claim to the FSPO in this matter, could I be liable for any costs AIB incur in defending my action for additional compensation.

For example, is the worst case scenario one where I receive no additional compensation and pay my own (if any) legal costs?
 
First of all you should go to the AIB Independent Appeals Panel and they will probably award you additional compensation. They will also pay something towards your costs.

If you are not happy with the decision, you can complain to the Ombudsman. The risk with this is that you must reject the Appeals Panel's offer and the Ombudsman might award you less.

The Ombudsman will not award costs to either side. So you pay your own whether you win or lose.

Brendan
 
AIB Independent Appeals Panel - does anyone know what their contact details are as I cannot find my questions and answers booklet sent by AIB in October 2020.
 
Brendan Burgess said:
Hi JJ

Could you update this thread.

It would be a great help to anyone else in the same position.

Brendan
Click to expand...
Hi Brendan

It has to be said that as a result of unemployment between 2012 and 2016 mortgage arrears were built up in my case.
Following my re-entry to the work force in 2017 I did begin to make monthly payments at 50% of the required amount.
So it would have been difficult to argue that the bank did not have the right to pursue legal action against me as you pointed out above.

However, I did prepare a short submission on the appeal forms provided during the Christmas lockdown and sent in January of this year.
Got a response back from BDO to acknowledge receipt - AIB were invited to make a response - they produced a package of about 500 pages with every statement and letter ever sent in my case - finally, BDO came back in May 2021 and awarded me another few thousand Euros as you indicated above that they might on the basis of further pain inflicted.

Should I have pursued this matter with the Ombudsman (on what further grounds?) or through the courts (over many years with no concrete result guaranteed).

Ultimately, I was happy to accept the additional payment and move on.

Jumping Jenson
 
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