Repayment Mortgage Decision Reference 2025-0219

• Case Outcome: Rejected
• Year: 2025
• Reference: 2025-0219
• Date: 23 December 2025
• Subject Matter: Repayment Mortgage
• Finantial Sector: Banking
• Conducts Complained Of: Classification of borrower as non-cooperating,Arrears handling -Mortgage Arears Resolution Process

Decision Ref:

2025-0219

Sector:

Banking

Product / Service:

Repayment Mortgage

Conduct(s) complained of:

Classification of borrower as non-cooperating

Arrears handling - Mortgage Arears Resolution

Process

Outcome:

Rejected

LEGALLY BINDING DECISION OF THE FINANCIAL SERVICES AND PENSIONS OMBUDSMAN

This complaint relates to mortgage loan account held with the Provider, which was in

arrears.

The Complainant’s Case

The Complainant states that in 2014 he “entered into an agreement” with the Provider “to

make monthly payments of €2700 for a period of five years” on a mortgage loan held with

the Provider since 2006 (the “Loan”). The Complainant asserts that all payments were

made and apart from standard letters he received no communications from the Provider.

The Complainant submits that, in July 2019, he received a telephone call, from a Provider

agent, who informed him that he was appointed by the Provider to liaise with the

Complainant in relation to his future plans especially in light of the fact “that the five-year

deal would soon end and the [Provider] would require a proposal to pay off the mortgage

in its entirety.” The Complainant states that “it was agreed that no immediate action was

required, that I would continue payment of €2700 per month and that I would at an

unspecified date in the future submit a proposal to the [Provider].” The Complainant

submits that he received a letter from the Provider informing him that, as from 1

November 2019, his monthly payments for the Loan would be for the sum of €56,776.64

- 2 -

/Cont’d…

(fifty-six thousand, seven hundred and seventy six euro and sixty four cents). The

Complainant further submits that for each month after this, he received letters from the

Provider informing him of the arrears increasing.

The Complainant submits that he attempted to contact the Provider agent by telephone

and says that he was informed by the Provider that this agent was no longer available. The

Complainant says that in November 2020 he received a telephone call from a Provider

agent and following a long discussion they agreed that he would continue the monthly

repayments and prepare a proposal.

The Complainant says that on 24 February 2021 he received a telephone call from the

Provider which referred to the telephone conversation had previously and who also sought

an update on the proposal.

The Complainant says he received a letter from the Provider dated 21 May 2021, warning

him that he could lose his status as a cooperating customer if he didn't submit the details

required within 25 working days. The Complainant says that, as a result, he sought tax and

legal advice.

The Complainant says that on 23 June 2021 he was conscious that he had not received

final advice, and he contacted the Provider asking for more time. The Complainant says

that after some discussion he was informed that only a short extension could be granted,

not exceeding 5 days. The Complainant says that he persisted in seeking additional time.

The Complainant says that on 5 July 2021 the proposal documents were posted by

ordinary post to the Provider, and he says that on 8 July 2021 he received a letter dated 2

July 2021 stating that he had not complied with the timeline.

The Complainant contends that on 8 July 2021, 9 July 2021, 14 July 2021 and 15 July 2021

he attempted to contact a specific Provider agent by telephone and that “on each occasion

I was told that that agent was not available.” The Complainant submits that on 15 July

2021, during a second call, he made contact and an agent confirmed that the Provider had

received his Standard Financial Statement (“SFS”) and informed him that he needed to

appeal the Provider's decision. The Complainant submits that he subsequently appealed

the decision and that the appeal was rejected by the Provider.

In resolution of the complaint, the Complainant wants to be reinstated as a cooperating

customer.