What is the service exactly?
We process a misconduct complaint to the originator or current owner of your mortgage and subsequently to the Financial Services and Pensions Ombudsman.
We issue "Mis-selling and Unfair Terms" Opinions to help force the Vulture to the table to negotiate a restructure and to offer to the Courts the Opinion to underpin a request for a Stay (a pause) on any action against you with respect to your home.
What do you charge for your service?
Currently €99 (inclusive of VAT) to process and argue the complaint on your behalf.
€500 plus VAT for our Opinions.
If we win compensation or a restructure for you, we ONLY then charge our main fee – please see our “Terms of Business” on the website.
How long does the process take?
Your financial services provider has 40 working days to process the complaint as per the Consumer Protection Codes. They typically take longer.
The Financial Services and Pensions Ombudsman (FSPO) can take up to 18 months to start an investigation and a further 18 months to investigate and issue a preliminary decision. We will be publishing their timelines as soon as we receive the latest statistics.
What compensation can I obtain?
The FSPO can make awards up to €500,000 per claim. The purpose of compensation is to place you in the position you should be in if you were sold the suitable product. The FSPO usually asks the provider to calculate this sum but we will also calculate that number separately, to support your claim.
Will I get my mortgage written off or written down?
The FSPO rarely requests such action and prefers to award compensation. The provider may want to apply the award to any arrears outstanding on your mortgage. In these cases we will fight that approach. The FSPO has not published any cases regarding mortgage mis-selling so it is difficult to address such questions at this point.
Is there a standard award by the FSPO?
No, the FSPO are very clear in their communications with us, that every case is treated on its own merits regardless of any similarities. This creates its own problems in advising consumers of their rights and ensuring any consistency in complaints and awards.
What if my loan has been sold?
The Central Bank has advised that on any sale or transfer of a mortgage, that all consumer rights are protected. We have processed Dáil questions on this matter.
I am facing an court order for possession of my home – is there anything I can do?
If you believe you have a valid mis-selling complaint, you are at liberty to ask a judge to place a “Stay” on any action against you until the FSPO has had a chance to investigate.
I have a question not covered in the FAQs?
Please email me at benhoey@quertech.ie. Please be aware that we are not debt or legal advisors and therefore cannot give advice accordingly.
Do you handle Pension Mis-sales?
Yes, please email us at benhoey@quartech.ie with the details of the broker that sold you the product, what the investment is and the date it was sold.
How long can the process take?
It can take up to six months to obtain the data and final response we need to process the complaint at the FSPO. The time with the FSPO depends upon their acceptance that they have jurisdiction to investigate and the resources available to them.
Opinions can be issued within a week if you urgently require them for the Court.
What is a Loan Note with respect to my pension investments
Used frequently in the pension world to avoid regulation. Companies can potentially utilise this instrument to raise equity and thus potentially avoid the Prospectus Directive. there is no restriction on the level of commission paid by the companies to the salesmen pushing these products. They are alleged to be unregulated.