Very good,,,do you think they will be liable to pay compensation idesofmarch?
If the Central Bank of Ireland (CBI) follow the same rationale as the Financial Conduct Authority (FCA) in the UK, then yes, compensation will be paid. In your particular case, which is with Tanager DAC, if you were in arrears with BOSI, prior to moving to Tanager, the same automatic capitalization of arrears occurred when with BOSI, whether you were fixed, variable or tracker. Does it fall to Tanager or to BOSI to pay compensation on the mortgage that was automatically capitalized when with BOSI? Does Tanager have sight of BOSI accounts going back years? (I think not). In the UK, consumers could choose to have their arrears either capitalized with consent or seek refund and remediation. If they chose the former, the borrower is no longer in arrears and
any legal possession proceedings based in any way on these arrears must cease. However these borrowers will have to pay larger monthly installments going forward. Their mortgage will be re-classed as performing and their credit rating must also be restored. They will however still get compensation for the error. It must be borne in mind that when firms in the UK are calculating over payments in excess of the reconstituted contractual monthly repayments they must add a payment of 8% interest (simple) to the yearly overcharge, which can lead to a substantial repayment over time.
This leads me on to the fact that Tanager DAC has offered borrowers up to a 40% discount on their current mortgage balance. Borrowers in Ireland have found it next to impossible to refinance with another mortgage provider due to their respective Irish Credit Bureau (ICB) report (missing payments record), to take up these offers. The current Central Bank of Ireland investigation could prove beneficial to both Tanager DAC and its respective customers, as in, if the CBI instruct BOSI or Tanager to amend the impacted customers' ICB reports, then these customers may be able to take up Tanager's offer and move to another provider, allowing Tanager to still take profit. Possible win win situation for both parties.