Repayment Mortgage Decision Reference 2022-0123

• Case Outcome: Rejected
• Reference: 2022-0123
• Date: 07 April 2022
• Year: 2022
• Subject Matter: Repayment Mortgage
• Finantial Sector: Banking
• Conducts Complained Of: Arrears handling -Mortgage Arears Resolution Process ,Complaint handling (Consumer Protection Code)

Decision Ref:

2022-0123

Sector:

Banking

Product / Service:

Repayment Mortgage

Conduct(s) complained of:

Arrears handling - Mortgage Arears Resolution

Process

Complaint handling (Consumer Protection Code)

Outcome:

Rejected

LEGALLY BINDING DECISION OF THE FINANCIAL SERVICES AND PENSIONS OMBUDSMAN

This complaint relates to the customer service provided to the Complainants in relation to a

long-term repayment arrangement for their mortgage with the Provider.

The Complainants’ Case

The Complainants hold a joint mortgage account with the Provider. The Complainants

received correspondence dated 12 March 2018 stating that their payment arrangement was

due to expire, and that their monthly repayments would return to the full amount. The letter

stated that they should contact the Provider if they foresaw difficulty in making these

payments. This letter did not contain the new repayment figure.

On 12 April 2018, the Complainants wrote to the Provider to seek a Standard Financial

Statement (‘SFS’) and to obtain the full repayment figure. The Complainants state that on

17 April 2018 the first Complainant received a phone call from the Provider to inform her

that the SFS would be sent in the post, and to note the repayment figure of €817 (eight

hundred and seventeen Euro). The Complainants amended their standing order to the

amount of €850 (eight hundred and fifty Euro) to avoid falling into arrears. The Complainants

sought assistance from family to meet this payment.

- 2 -

/Cont’d…

The Complainants received the SFS with correspondence dated 21 April 2018, but this did

not quote the full repayment figure. They received another SFS with correspondence dated

28 April 2018. Similarly, this did not contain the full repayment figure. On 9 May 2018, the

Complainants wrote to the CEO of the Provider to seek the full repayment figure.

On 22 May 2018, the Complainants received correspondence from the Provider dated 12

May 2018, which stated that their full repayment figure would be €1,020.34 (one thousand

and twenty Euro and thirty-four Cent) as they had not contacted the Provider to seek

assistance or to discuss alternative payment arrangement (‘ARA’) options. The Complainants

submitted that they had “repeatedly tried to engage with the bank regarding the end of their

repayment arrangement”. The Complainants stated that “even if [they] had been able to

afford” this figure, they had not been given sufficient time to amend their standing order.

The Complainants received correspondence in June 2018 informing them that they had

missed a payment on their mortgage. The Complainants submitted that they had not missed

a payment. Instead, they had made a payment of €850 (eight hundred and fifty Euro) instead

of €1,020.34 (one thousand and twenty Euro and thirty-four Cent).

On 11 June 2018, the Complainants met with an Agent of the Provider (‘Agent A’) to discuss

long-term mortgage solutions. Agent A stated that the figure of €1,020.34 (one thousand

and twenty Euro and thirty-four Cent) was incorrect, and that this should have been €1,007

(one thousand and seven Euro).

Agent A phoned the Complainants at the end of June 2018 to inform them that “the bank

didn’t have time to deal with their case at that time”, and therefore offered a temporary

repayment arrangement of €850 (eight hundred and fifty Euro) for 10 months. The

Complainants submitted that they had made Agent A aware that they were only able to

afford a repayment figure of €650 (six hundred and fifty Euro), and that they had to borrow

from family members to make the higher payment. The Complainants stated that they

“didn’t question” the arrangement as it had coincided with the death of the first

Complainant’s parent.

The Complainants received a letter dated 12 July 2018 confirming the new ARA in place,

which was to last for eight months, and noting an arrears balance of €298.47 (two hundred

and ninety-eight Euro and forty-seven Cent). The Complainants submit that the arrears were

caused by the delay of the Provider at the end of the previous agreement.