What exactly is the service you are offering?
If you are a victim of mortgage mis-selling, we construct a complaint, send to the lender/vulture and then submit to the Financial Services and Pensions Ombudsman (FSPO). We are experts in European Consumer Law, banking best practice and the Consumer Protection Codes put in place to protect you.
For the first time in Ireland, expert legal and banking knowledge is available to the Irish based consumer.
What do you charge for your service?
No fees are charged unless we win compensation for you.
Our professional fees are ONLY charged when we obtain compensation for you. You will be notified of these fees when we understand your case.
Our charges are fixed across a number of services. Your total fees with us will never exceed 20% of your compensation, that's guaranteed even if your case goes to Europe!
What compensation can I obtain?
The Ombudsman 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. Compensation will depend on the specifics of your case.
Example: if you borrowed €300,000 in 2006 at an interest rate of 6% and have managed to pay c. 50% of the payments to date, then your compensation could be approximately €232,000.
Will I get my mortgage written off or written down?
We anticipate that any awards granted to you will result in a restructure of your mortgage to an affordable and sustainable amount rather than a cash award. We will be with you all of the way to ensure you get what is rightfully yours.
Is there a standard award by the Ombudsman?
No, the Ombudsman is 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. However, we will model the claim value to the specifics of your case at the appropriate time.
Example: If you borrowed €300,000 at 6% in 2006 and managed to pay 100 of the 216 payments due to date, your compensation could be up to €210,000. You still owe the original €300,000 so your net amount owed reduces to €90,000 plus settlement fees. We will handle all valuations and settlements as part of our No Win/No Fee offering.
What if my loan has been sold?
The Central Bank has advised that when a sale or transfer of a mortgage occurs, all consumer rights are protected. We have submitted Dáil questions on this very matter. In most of our cases the mortgage has been sold and is now managed by Pepper, Mars Capital, Cabot, BCM, Link or Everyday or Start Mortgages (now Mars Capital).
I am in the legal process, is it too late?
No, it is not too late. We have solutions for everyone regardless of where you are in the legal process. As part of the registration process we will ask you certain questions and then tailor the solution to your needs.
If the matter is extremely urgent, please email us at info@misselling.ie.
I have a question not covered in the Q&A section?
Please email your question to info@misselling.ie. Please be aware that we cannot give advice at this stage directly to you. Please Join the Claim and complete the application as best you can and we will be in touch. If your question has validity we will post it and a response in this Q&A tab. Thank you!
How long can the complaint 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. The FSPO can take up to 5 years.
However, for those in need of help now, we have additional services. You will be made aware of those services when we understand your current position and case. If the matter is extremely urgent, please email us at info@misselling.ie.
How long does the process take?
The complaint process can take years as the Financial Services and Pensions Ombudsman (FSPO) is a public body funded by the Department of Finance and banks.
However, for those in need of help now, we have additional services. You will be made aware of those services when we understand your current position and case. If the matter is extremely urgent, please email us at info@misselling.ie.
Can I make a claim to the FSPO without expert help?
You can make a claim directly to the FSPO (Financial Services and Pensions Ombudsman) without a solicitor or other professional help. However, the FSPO is a neutral mediator funded by the Department of Finance and the banks, so you are effectively in the ring on your own - Consumer V Big Bank.
The FSPO reject approximately 50% of all complaints they process each year. We help you file the most robust complaint possible with the FSPO. If your claim is rejected and we believe the FSPO has erred, we will appeal your case to the High Court, and if necessary, to the European Court of Justice (ECJ). European law fiercely protects consumers and can hold lenders to account in ways Irish law may not.
We are still in the house but have had a possession order granted?
While it is extremely difficult to reverse such a decision by the Court, it will very much depend upon your circumstances, how long ago was the order granted, has your loan been sold in the meantime. You should still still register your claim if you believe you were mis-sold your loan - go to the Home Page on this site and hit the Click Here button to register at Join the Claim.
the house was sold less than six years ago but the Vulture is still hounding us?
You can still pursue a claim even if the property was sold in the last six years.
We complained to the FSPO some years back; they rejected us, can you help?
Please reapply as we have seen many valid claims rejected because they did not use the right phraseology. When you do register please ensure you declare that you have complained in the past.
Have you had any success?
Yes, we have been successful against the FSPO in the High Court, forcing him to reconsider his refusal to investigate a complaint.
We have obtained Stays on actions against our clients in both the Circuit and High Court. A Stay is a motion to prevent the Vulture from pursuing an action against our clients until the complaint is resolved.
Our strategy has also achieved compensation in PPI and misleading terms regarding interest rates.
Why are you confident of winning where so many others have failed?
We have Europe on our side. The European Court of Justice has already ruled in favour of consumers in Eastern Europe where mortgage mis-selling was widespread, primarily in Poland and Hungary. We have modelled our analysis on these mis-selling cases.