Hi Jacky, I think it is a scandal what they are doing and not sure why the ombudsman is allowing them to do it case by case, maybe it is perhaps each agreement is slightly different in length, term etc, but the clause seems standard in many of these cases so it is a no brainer. I have some professional experience in contracts and had it reviewed by some colleagues who would be expert in the area. This confirmed that it is a non arguable case from AIB side but they refused nonetheless. It makes you wonder what the Public Interest Directors are doing on the board of these banks. They are effectively treating their customers (who now own then) as dirt on their shoe, its laughable.
Regardless advice is to see it out, in the unlikely event that the ombudsman ruled against you I would be onto a solicitor next. You will get money back in event of favourable ruling if you overpaid from a point in time to a new tracker rate.