Repayment Mortgage Decision Reference 2022-0001

Case OutcomeSubstantially upheld
Subject MatterRepayment Mortgage
Date05 January 2022
Conducts Complained OfMaladministration (mortgage),Complaint handling (Consumer Protection Code) , Delayed or inadequate communication, Disputed transactions, Dissatisfaction with customer service , Failure to process instructions, Failure to process instructions in a timely
Finantial SectorBanking
Decision Ref:
Product / Service:
Repayment Mortgage
Conduct(s) complained of:
Maladministration (mortgage)
Delayed or inadequate communication
Level of contact or communications re. Arrears
Complaint handling (Consumer Protection Code)
Dissatisfaction with customer service
Disputed transactions
Failure to process instructions in a timely manner
Failure to process instructions
Maladministration (mortgage)
Substantially upheld
The complaint concerns the administration of the Complainants’ loan accounts by the
Provider and its appointed Asset Service Provider.
The Complainants’ Case
In their Complaint Form, the Complainants state that on 6 December 2017, a complaint
was submitted to the Asset Service Provider by registered post and was received on 6
December 2017. The Complainants state that at the time of completing their Complaint
Form, 40 business days had passed since the complaint was submitted to the Asset Service
Provider and the Complainants had still not received an acknowledgement of their
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The Complainants submit that this is clearly in breach of the Asset Service Provider’s
complaints procedure which states that it would respond to a complaint within five
working days of receiving it and would respond with the outcome of its investigation
within four weeks. The Complainants further submit that section 2.8 of the Consumer
Protection Code 2012 states that a regulated entity must correct errors and handle
complaints speedily, efficiently and fairly. The Complainants contend that the Provider is
clearly ignoring this process.
In a letter of complaint to the Asset Service Provider dated 5 December 2017, the First
Complainant states, as follows:
“I wish to submit a formal complaint to [the Asset Service Provider] for
unauthorised Contact with a Third party, breaches of confidentiality under the Data
Protection Act by sending account information to the wrong address, Possible
breach of AML & breach of Central Bank’s Code of Conduct on Mortgage Arrears
and the Consumer Protection Code.
1. Breach of confidentiality & Unauthorised Contact with our Daughters business
Accountants […] by a [Asset Service Provider] senior mortgage executive
On the 6th September 2017, the managing partner of our daughter’s business
accountants […] received a call from [the Asset Service Provider] wanting to discuss
the financial details of our 3 above Buy to Let Mortgages. [The Accounting Firm] is
our daughter’s company accountants & are not involved in our personal borrowings
since April 2014. I instructed [the Managing Partner, ‘DG’] to inform [the Asset
Service Provider] to call me directly. On the 7th September 2017 at 10.46 am, [an
Asset Service Provider agent], whose title was senior mortgage executive from [the
Asset Service Provider] rang me. Our conversation lasted 6 minutes & 26 seconds. I
asked [the Senior Mortgage Executive] to clarify who had instructed [the Asset
Service Provider] to ring my business accountants […]. She informed me that [the
Asset Service Provider] was acting on instructions from [the Provider]. I explained
to her that that (sic) I had 3 letters from [the Provider] dated 3rd May 2017
authorising [the Complainants’ Financial Adviser] to be our 3rd party contact with
[the Provider].
[The Provider] clearly state on the Banks third party mandate section 2 that any
existing third party signatories on our accounts will be received on acceptance of
this new authority.
Why wasn’t [DG’s] authority removed upon receipt of [the Financial Adviser’s]
new authority? […]
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(2) Contravention of [the Provider’s] Acknowledgement of [the Financial Adviser]
as the Third Party dated 3 May 2017
[The Financial Adviser] was the only person authorised to discuss all our financial
dealings with [the Provider] & by default, [the Asset Service Provider] on the
transfer instruction of [the Provider] I informed [the Senior Mortgage Executive]
that this was a breach of confidentiality by both [the Provider] & [the Asset Service
I also informed [the Senior Mortgage Executive] about our reported efforts about
trying to get into contact with [the Provider] & our SFS with [the Provider] on
March 18 2017.
She said she couldn’t contact [the Financial Adviser] without authorisation from
[the Provider]. She asked if I wanted to put in a complaint & I confirmed that I did.
Complaint ref [1317] has been registered & is currently being investigated by [the
Provider’s] dedicated Complaints Handling Team.
27 October 2017 I noticed a missed call from [the Asset Service Provider]. At
11.43 am. I listened to her voice mail asking me to ring back […]. At 13.03 I rang
[the Asset Service Provider] & spoke to [an Asset Service Provider agent] for 8 mins
& 40 seconds after verifying my identity, he asked if my complaint with [the
Provider] was ongoing. I said yes. I then gave him a briefing of communication so
far plus the 2 DD attempts by [the Provider] to take money from my [financial
service provider] Personal account. I informed him that instead of [the Provider]
classifying me as a Non-co-operating customer, I have no other option than to
classify [the Provider] as a Non cooperating bank. He then informed me that he had
received no files whatsoever in relation to our accounts with [the Provider]. This is
in total contradiction to the letter we received from [the Provider] on the 21st of
Sept 2017.
The call ended amicably at this point!
3 Contravention of Central Bank Guidelines & Consumer Protection Code in
relation to assessing overall financial repayment capacity to deal with all
borrowings by a [Asset Service Provider] senior mortgage executive
[An Asset Service Provider Mortgage Executive] 09.01 on 3 November

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