AIB redress

Munster2017

Morning all,

I am desperately seeking advice from anyone who may be in a similar situation or may have some advice they could offer I would be extremely grateful.

In August of last year EBS wrote to me outlining my tracker rate had wrongfully been taken from me and an over charge had been made on my mortgage account. Following on from there I was written to a littlest before Christmas stating the monetary amount including overpayment, compensation and fees for an independent party to consider the percentage differentials was vita €30,000.

At the time I was quite taken aback as I felt this was fraud and I had worked two jobs since 2012 to pay the mortgage. Needless to say the mortgage is now on its rightful rate and monthly payments have dropped substantially. Here is where my difficulty lies. The mortgage was taken out in joint names with an ex-partner the separation of which was extremely acrimonious. While the deeds of the house were in my name and he did at the time sign a deed of confirmation he has never taken a case for equity share in the property. We are separated 7 years prior to the cohabitation act and have 4 children together. The overpayment occurred from 2012 on and I was the sole person always paying for the mortgage due to the complexity of his difficulties while we were together and after the separation in 2010 there was no financial support. I took a second job at night and did accounts to keep up payments and keep the wolves from the door.

Fast forward to 2017 and it would appear while there is no contact between my ex-partner and I (we were never married) I have shockingly learnt through the bank he has been in contact regarding the overpayment of €30,000 and has left his address for all correspondence to be sent to him. I enlisted the help of a solicitor to track him down and I have furnished him with a letter to sign the necessary documentation for the money to be realeased as you can imagine with 4 children there are always educational costs this could be quite helpful towards. He has ignored all correspondence.

I have contacted the bank several times there is nothing they can do without both signatures. My solicitor is unsure what way he can approach this and has asked a barrister who is fearful he would bring this to the courts for monetary gain and while he may not get anywhere it could eat into the €30,000.

I wrote to the banks and appealed the necessity for my ex-partners signature and they sent me on an independent appeals panel application which is a document BDO revise. I filled in this documentation as I had emails back as far as 2010 outlining to the EBS I was in financial difficulty and then they went and did the job with the tracker rate making my situation worse. My main point was if the account was in credit it should have stayed in credit that was I could have offset monthly payments against the lump sum over paid. This would have eliminated the necessity for my ex-partners signature and the only way I could see around it.

I am an extremely above board person and would not forge his signature as if he has been in contact already with the banks they will no doubt send him confirmation all paper work has been signed and I would find myself defending what I did in court which could lead to prison.

If anyone has any advice I would be so grateful. Thanks so much.