Yes, as far as I understand they are. The Ombudsman confirmed to me on friday afternoon that they had finally received confirmation in writing to Ger Deering, the financial Ombudsman, from Ulster's CEO, that all cases which had gone through the FSO process, substantiated or dismissed, would be reviewed. Therefore, you should be reviewed too even though it wasn't the FSO you went through.
I agree with your claim and this is what I am looking for too - those fees are very high, I decided to contiune it myself when quoted them last October, but you also need to be compensated for the of opportunity cost not having that money and being kept in financial limbo over that period also.
In my own case I initially took case in 2012 as Ulster were then letting people move unincumbered with trackers. When Ulster refused mediation the FSO said the case would take 5 months, it took 28 months from start to finish and we know what happened to property prices during that period. Not to mention the ongoing stress, and it can be extremely stressful, I have definitely aged from this. Huge swathes of my time have gone into this too.
My case is a little different as after a year of fighting with the bank initially, I moved to the mortgage to another provider, my employment was not secure and hours were falling. Ulster were stonewalling. The variable I had been put on was as high as 6.15% and my background was Economics so I knew when negative equity came I would be stuck - I liken it to a financial version of constructive dismissal, because the bank set forth these conditions there was no choice but to move it and I understand I am not the only Ulster customer who did this.
Before my case was determined Ulster make a last ditch attempt at settling, there was much messing around, but finally offered at €12,500 'goodwill' payment. So I replied with a full list of costs, and I threw the kitchen sink at it, even including potential over paid TRS on my part. They didn't get back to be and returned the case to adjudication saying I was difficult to deal with but they never tried to negotiate, apparently you are difficult if you don't roll over.
I did win the case subsequently but my compensation comes nowhere near what I lost. Ulster said at the time they couldn't restore the tracker as their underwriters wouldn't allow them, but my mortgage is in equity, no reason it couldn't have been moved back for them to do it, only it was a convienient excuse but I am happy for them to make a full payment in liu either, which they would not do. So they are having their cake and eating it.
This is also a problem coming from the FSO compensation process though, as through my emails the bank was working off prior compensation amounts it seems - The FSO don't look at what you have lost they just decide a figure without any financial calculation as to what you have actually lost. And of course the bank are happy to pay as little as possible, it is a win for them really. They are gaming the system as it stands.
Since I've gotten those emails, I feel they show the bank knew exactly what they did and gained from it. I am going to pursue full economic compensation as it were, I'm in this long - I'm going to finish it. The fso has said I have one of the most substantive cases they have seen, but I do think all customers need to be insistent on full compensation in order to have an impact.
When you think about it, imagine the behaviour of the bank if you were the one in breach of contract to them, ie in arrears - to think they can get away with what they have so far is outrageous