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THE CENTRAL BANK has published its final report on its examination of the tracker mortgage scandal, which saw tens of thousands of customers overcharged by their banks.
Lenders have paid €683 million in redress and compensation to impacted customers and 98% of the more than 40,000 affected customers have now received offers.
There were 99 homes lost as a result of lenders’ failings as well as 216 buy-to-let properties.
Lenders included minimum payments to customers who lost properties of €25,000 for buy-to-lets and €50,000 for private dwellings. The average redress and compensation paid in respect of loss of ownership of homes due to lenders’ failures is €194,000.
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The Central Bank also required lenders to set up an independent appeals process to deal with affected customers who were dissatisfied with any aspect of the redress and compensation offer they received from their lender.
To date, 10% of affected customers have made appeals. The lenders’ independent appeals panels had awarded customers €7 million at the end of May 2019.
The majority of upheld appeals arose from awards for additional detriment due to personal customer circumstances of which the lender may not have been aware at the time the original redress and compensation was awarded.
Today the Central Bank said after “extensive and robust supervisory challenge and assurance work to ensure lenders identified groups of customers affected by tracker failings”, the supervisory phase of the examination is complete.
Since the start of the examination, 13,000 impacted accounts were identified by lenders. A further 20,000 were identified following a Central Bank challenge to the lenders. Some 60% of affected accounts arose from contractual or transparency failings.
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‘Immense distress’
The Central Bank completed its first enforcement action in relation to the examination at the end of May, fining Permanent TSB €21 million for its failings. Enforcement investigations against all the other main lenders are continuing.
Derville Rowland, Director General, Financial Conduct, said the scale of lenders’ tracker mortgage failings was “industry-wide, causing immense distress and damage to affected customers and their families”.
“It required an unprecedented regulatory response in the shape of the tracker mortgage examination, the largest, most complex and significant consumer protection review the Central Bank of Ireland has ever undertaken.
Through the examination, we required lenders to identify those affected and pay appropriate redress and compensation. Additionally, we continue to pursue lenders through our enforcement investigations. The outcome of our first enforcement action – which resulted in the largest fine imposed to date by the Central Bank – reflects the gravity with which we view lenders’ tracker failings.
“The examination revealed the unacceptable damage that misconduct can cause to consumers up to and including the loss of their homes and properties in some cases. Our message today – to all the firms we regulate – is very clear: Where firms fail to protect their customers’ best interests, our response will be robust and the consequences will be serious.”
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@Dave Doyle: Fraud cheats us all. I am sure the Gardai are well on their way to submitting books of evidence to the DPP. No way this was an accident as every single bank engaged . And not just isolated cases. Pearse Doherty (SF)took the banks to task the the public accounts committee highlighting their common approach. But no sign of any prosecutions in the offing.
@Trust The Chalice: If you have another word for describing dishonestly appropriating money or goods belonging to another by means of deceit with the intention of permanently depriving that person of those goods or money I am curious to find out what your dictionary is going to throw up.
@Dave Doyle: Exactly what I thought – they didn’t fail at all, in fact succeeded in what they set out to do and that was to get as many people as they could onto a higher interest rate than they needed to be.
@Trust The Chalice: 99 people lost their homes because of bank fraud. None of those 99 people did anything wrong. The banks stole their homes. I wonder how many of that 99 committed suicide or were driven into bad health and still are.
This bank fraud has never been quantified in human terms. None of the damage done to Irish society by FG’s neoliberal policies has ever been quantified.
@Steven Moens: for it to be fraud, it has to be intentional. There was gross incompetence by the banks admittedly but it’s not fraud. Unless you want to change the dictionary.
@Adam O’hEidhin: There were decisions made in the banks to pursue such a policy on their customers. Whether the decision was made collectively by the management of various banks or some individual made the decision, has to be investigated. Those responsible have to face the courts to answer for the wholesale fraud that went on.
@Trust The Chalice: So some manifestation occurred that caused all the banks to engage in “gross competence” all at the same time, to the extent that people were taken off or refused the rates they were entitled to, ended up paying far more to the banks, some even lost their homes. It takes some imagination to come up with that one.
@Dave Doyle: Exactly somewhere in those banks there are minutes to meetings where they discussed this. The decision was likely by the banks board of directors. They offered people a temporarily good rate sand then jacked the price up and gave no indication at the time of agreement what the new rate would be. I would go so far as to say that is extortion similar to the way a drug dealer gives you first few bits for free and then all of sudden you a grand in debt – same tactics.
@Trust The Chalice: Incompetence; ok I agree that may have been the initial cause but the moment you cover up that assumed incompetence, let it carry on and keep taking the money while keeping quiet about it the offence of fraud is completed.
@Steven Moens: You guys seem to be under the illusion they acted illegally all the way. They were legally allowed not offer trackers back at the time and have it in contracts. A judge ruled this as not legal due to how he read the law setting the precedent. That is how it became illegal overnight. So no fraud but a change in law. They didn’t cover it up but handled the identification badly. Don’t forget many of the people getting compensation knew they would lose trackers and it was not hidden and in all the financial advice about altering your tracker mortgage
@Steven Moens: So each bank had an incompetent employee, each of whom came up with the same idea, at exactly the same time ? Not likely. Far more likely is that the banks were operating like a corporate cartel, and that they decided as a group to inflict this pain on tracker mortgage holders. For god’s sake, if evidence is found that a group of petrol station owners in a certain area are colluding to keep prices high they can face serious fines. If the banks are found to have colluded in this matter they should be absolutely hammered as companies and the individuals involved jailed.
“Enforcement investigation” – fines but no criminal sanctions
“failings” – systematic criminality more like…none of the “mistakes” favoured the customer, 100% favoured the banks balance sheet – systematic fraud and we all know it !
but do we see a mass boycott of Irish banks ?
do we see everyone switching to the new banks on the Irish market N26 etc ? Nope!
typical symptoms of an abusive relationship between the Irish population and the banks …will.we ever learn ?
@Ibhar Mac Suibhne: enforcement is the 1st part of this, criminal investigation can only commence after an enforcement analysis has taken place. That has kick started now but whether it will determine any individuals are guilty or not is another thing altogether.
@Ibhar Mac Suibhne: I do actually see a lot of the younger population are using N26 and Revolute. Do note that these types of banks carry their own specific risks and downsides too. All is not what it seems if you dig deep into their structures and sources too. Great functionality, but wouldn’t lodge my life savings into them yet.
If I defrauded someone to such a degree that they lost their home I’d expect to serve significant prison time. Must remember to apply for a job in a bank before embarking on any large scale frauds.
@Trust The Chalice: so please enlighten us as to how you know people are more qualified than Mr Corrigan or are you just trolling for the sake of defending the banking sector??
@tommytukamomo: I’m not trolling. Genuinely. The banks messed up. Big time. But it’s not fraud. Fraud Has to be intentional. This was not. It was gross incompetence. Fraud it was not.
@Trust The Chalice: so multiple banks experienced identical gross incompetence simultaneously?! And I would hardly call a lack of charges evidence of innocence in this country, sure Michael Lowry has never been charged over the Esat fiasco but we can still all read the tribunal findings.
@winston smith: Actually it was perfectly legal until a judgment made it illegal. People were told they would lose their trackers and accepted that until the judgment changed the situation. This meant people who understood and accepted the situation were now eligible for compensation. So it was never fraud and the original ruling could have gone the other way. So that is why the banks all did the same thing.
@Trust The Chalice: so this brain box thinks all the banks filled with all the “best” people made the same “mistake” that in every instance favored all the banks?…bahahahahaha
@Trust The Chalice: the investigation into fraud has not concluded yet. This is only the redress amounts that are being paid out. The investigation will conclude later.
@Craic_a_tower: They didn’t tell their customers that they would lose their tracker mortgages… I know this because I am one of those customers and they did not tell me when I asked for their help in a difficult time…
Do you honestly think that if they had said that my mortgage would be €500 cheaper per month on a tracker, that I would have broken out of my fixed rate early to save €90 a month by going on a variable rate…
And they were only too happy to waiver the €1000 charge for breaking out of a fixed rate early… They made it even seem like they were doing me a favour…
@George McCarthy: depends on location. Across the majority of anywhere beyond an hour from Dublin houses would typically go from somewhere between 70k and 140k tops
@George McCarthy: excellent observation.
The 196k is an average though, so maybe the actual compensations did provide for replacement purchase.
It should do, plus compensation for the stress & dislocation caused by these Shylocks, some of whom should be debarred from what used to be a respected profession.
No longer, only by applying preventative justice can we have any belief that other strokes will not be perpetrated on the dependant public.
That’s what we elect our Dail emissaries, teachta dala, to do.
When , though, that it the outstanding question.
Is this on top of replacing their lost homes??? Hopefully they can also sue for damages. The only thing is, it will be all of the banks customers that will pay the fines and damages one way or the other!!!
Collusion between all banks to rob people of their homes and a single prison day handed out. As far as I am aware some suicides due to this madness. Where’s the central bank head who over saw this and insured no prison for anyone? Well he just got a nice promotion from the Eu.
@George McCarthy:
Any 3 bed semi more than a hour from Dublin.and maybe 30-40 minutes from the other major cities.
Maybe they should have been forced to give them what they had, the same/very similar house in the same location….. With the same tracker mortgage….
In the vast majority of cases they would be better with the cash in hand.
Say they lost a 300k house with 100k paid off, now they can buy a 300k house and have 200k paid off.
This was a bunch of opportunists who thought they’d be the cute hoors and switch away from an extremely good deal (tracker mortgages) to an even better deal (locked in fixed rate mortgages) and then jump back on to trackers when the temporary fixed rate term was up. Only to be told: “Sorry, that special offer no longer applies!”
Waaahhh!!!
It’s like a pub running a Happy Hour and someone coming in 10 minutes after it ended demanding that they should not have to pay the normal price because somebody else got it cheap so why shouldn’t they, even though they didn’t fulfil the requirements.
Or somebody booking a last minute flight on RyanAir claiming that they are being overcharged because somebody who booked the same flight three months before got it for €30 so why should they have to pay €150? Try arguing that one with that nice Mr O’Leary. It’s a scandal, Joe! A scandal!
The real scandal is the people who were NEVER on tracker mortgages whose rates went up so that the banks could cover the losses they were taking on trackers when ECB rates went close to zero.
I tell you what: When ECB rates start to go up again (as they will) which will give the banks the opportunity to up the interest rates on trackers, people on such mortgages should have to pay the fullest increase the banks can levy and people not on trackers should either have their rates held constant or only increased by a fraction.
That’s only fair, given the way they have subsidised trackers for the past 10 years.
Not to give such people a break would be a real scandal.
@Bren Guiden: He is actually telling the truth. Most people have no idea of the history of what happened. People think the banks all got together to commit fraud. There is a reason why no reports from the media call it fraud or claim a conspiracy. They don’t actually explain how it came about and why there are no criminal charges. Other countries don’t accept the banks have to offer the trackers back just here.
@sequoia: I accept what I chose. I have a beef with those who chose to move off trackers and then demanded that they be allowed back on them, even when the offer had expired.
And even with those who fell behind on their payments and as such, having breached the terms of their special low-cost mortgages, were told they couldn’t go back to the tracker rate. Terms and conditions, and all that.
There’s no need to feel sorry for me. My mortgage will be paid off before the end of the year. But all those bleating about the poor tracker mortgage holders have misplaced sympathy, in my view. The real victims in all this are those whose rates have been pushed up to subsidise those on trackers. Including young couples with kids and 20+ years to go on their mortgage payments.
When the worm turns, as it will, are you going to campaign for those on variable rates to get a break and not have to endure an increase, or at least a big increase, on the grounds that it’s about time the tracker freeloaders started contributing SOMETHING to the general pot of house payments, or will you continue to insist that the poor tracker holders are the most scandalised and put upon members of the house-owning community?
I will be following all your crocodile tears with interest.
So when are we going to get fully redressed, I like many other were put back to trackers at a rate of 2.25% after the so called redress process, 1week before Christmas 2017(sneaky cuuts). Most people bought trackers a the rate of between 0.7%-1.05%. ptsb need to cough up the balance. THIS IS NOT OVER.
@Bren Guiden: I think you should count your lucky stars that you’re getting such a good deal and shut up.
And if you fall behind on those meagre payments you should be shown out the door and your property given to a more deserving person willing to pay for it.
More redress!!!
God bless your chutzpah.
Its amazing the similarity between the banks and drug dealers. Getting something on tick, then the interest rate spirals out of control and all of sudden they are round your house kicking your granny out. To be fair the drug dealers might let you off with a hiding – the banks wont stop till your whole family is on the street.
That figure is nowhere near appropriate for the amount of stress that entire families were put through. How many suicides and how many had to be treated for depression as a result of bankers greed???? And NOBODY jailed???
I am one of the 56000 AIB/EBS mortgage holders denied a tracker at the end of a fixed rate, despite the mortgage contract stating that they must give us one. This isn’t over for us. Still on going. To get around it, AIB offered us all €1000 compensation last year and offered us a move to a tracker then AT A HIGHER RATE that paying on a SVR. Disgusting behaviour. We have appealed through the “Independent” appeals process with BDO, were rejected, and now expensive courts look likely.
Why bother? Because I have calculated we have overpaid AIB circa 50k since, we want that back, plus appropriate compensation along with a proper tracker introduced.
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