Struggling with your Mortgage or in the Court process?
If you purchased a mortgage loan for your home prior to 2009, you may have been mis-sold this product.
Listen to Ben on Dublin radio on the subject of misselling
https://www.mixcloud.com/1032DublinCityFM/making-a-difference-2nd-october-2023/
In its simplest form, financial mis-selling means recklessly misrepresenting a financial services product or service in order to successfully complete a sale. Financial products are usually “mis-sold” in order to cause an individual to complete a purchase that does not properly suit their needs.
What is a Mis-sold Mortgage?
Some examples of mortgage mis-selling:
- Your mortgage ends afteryour retirement age; and/or
- You were sold an interest-only mortgage without proper consideration being given to the repayment of the capital; and/or
- You were not asked to prove your income (known as self-certification).
There are rules that bankers dealing with consumers need to follow; these are known as Consumer Protection Codes and Codes of Practice, issued by the Central Bank of Ireland.
European Consumer Law dictates that consumer loan contracts need to be reviewed for “Unfair Terms”.
Where can I seek Redress?
If you think you have been mis-sold your mortgage, you need to complain to the Financial Services and Pensions Ombudsman (FSPO). It operates as an alternative dispute resolution process and has the power to direct a lender or debt servicer to pay compensation of up to €500,000 to consumers who have been wronged.
While your complaint to the FSPO is being processed, which may take a number of years, you are entitled to ask the Court to place a Stay on any action against you until your complaint is fully investigated.
Have I a Mis-selling case?
Please visit the menu item “Mis-sold Mortgages” where you will find more details on mis-sold mortgages. Please complete the questionnaire on the website at menu item “Apply”, which will allow us to review your mortgage. If we agree that you have a valid complaint, we will process that complaint for €99 (including VAT). You will pay no more unless we win compensation for you or have your mortgage restructured.
What about my Court Proceedings?
Once misselling.ie has validated your complaint and you have signed up, please email benhoey@quartech.ie to issue a Banker’s Opinion on your complaint. You then present[1] the Opinion to the Court respectfully requesting the Court to grant a Stay on the case against you with respect to you family home. Please see menu item “Court Proceedings” for more details.
[1] We do not give legal advice. This service is appropriate for both lay litigants and those using the services of a registered legal firm. Our opinions strictly relate to banking misconduct and suitability of financial products. We do not guarantee that your complaint will succeed.