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Mortgage issue

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Comments

  • Registered Users, Registered Users 2 Posts: 677 ✭✭✭Avatar in the Post


    Have you threatened to sue UB? If they have admitted negligence as for the reason you have a bad credit rating leading to not being able to get a mortgage they can be sued for loss and trauma.

    A solicitor’s letter to your contact might wake them up, and you are wealthy enough to afford to take it to court (it would never get that far).


    Did you update UB that you changed address? If not then they could say they made appropriate attempts to contact you by letter. But, seeing as they have admitted culpability you must have. I wouldn’t expect a bank to follow up on unanswered letters for a non payment of a small amount, but again… if they said they are responsible you would have a very strong case.



  • Registered Users, Registered Users 2 Posts: 49 Pauljmeh


    Thanks for the repsonse. I haven’t threatened legal action, as I’m sure that will slow the whole process down and I’m not sure will that be successful either. It’s important to note, I didn’t update them of change of address, as I believed my accounts were closed and in no longer banked with them.

    • My issue is that they advised me that there would be no impact on my credit history (they even put this in writing to me)
    • They made a public statement stating that anyone that engages won’t have a negative credit rating
    • They then proceeded to have a negative mark put against my credit history after saying there would be none

    Their advice directly influenced my actions at the time and now in the middle of a mortgage application I find out they weren’t true to their word and they will no longer commit to their initial promise.



  • Posts: 9,956 ✭✭✭ [Deleted User]


    It was the same when he found out this Swiss ID no longer allowed entry the UK post Brexit. The horrors of having to apply for an Irish Passport.



  • Registered Users, Registered Users 2 Posts: 677 ✭✭✭Avatar in the Post


    I disagree re legal action slowing anything down. First of all what process is in place to get this fixed, how could it go slower?

    A solicitor’s letter worded the right way should get attention. You, on your own, are shouting into the void of a closed bank (ROI).



  • Registered Users, Registered Users 2 Posts: 677 ✭✭✭Avatar in the Post


    Separately, if the bank have admitted fault you have a very strong case.



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  • Moderators, Business & Finance Moderators Posts: 10,861 Mod ✭✭✭✭Jim2007


    Of course you are entitled to your opinion, but when it comes as bad advice on a financial forum where people may act on it to their detriment, it will be called out.



  • Moderators, Business & Finance Moderators Posts: 10,861 Mod ✭✭✭✭Jim2007


    You can't get redress, because as was pointed out way back in the discussion, you would be complaining about UB and CBI complying with the law! No member of the judiciary is going to order financial institutions to break the law to reverse something that is factually correct! And the other part of the argument would be that the OP failed to read and comply with the T&C.

    On top of which such a case would be matter of public record and every time a financial institution did a background check it would be front and centre, guaranteeing that no financial institution would touch the OP beyond compiling with the EU directive on basic banking…

    The OP needs to create as small a foot print as possible as they are fairly young (I assume) and will most likely have several other needs for financial products in the future.



  • Registered Users, Registered Users 2 Posts: 677 ✭✭✭Avatar in the Post


    I only raise the point that UB admitted their actions (not updating the credit record) were the cause of the bad credit record. I’m surprised UB have admitted this, but going on what the OP said.

    The legal action is not to do with what UB reported to the credit bureaux because that was an automatic response. I don’t think even the OP is debating that. But he said the Bank have admitted culpability by their subsequent non action.



  • Registered Users, Registered Users 2 Posts: 49 Pauljmeh


    Their exact words in the letter were “this has no negative impact on your CCR Central Credit Register (CCR) record. As you may have been unaware of the outstanding debt, we will also remove the historic impact (it would normally remain on your CCR Report for 5 years). All this will ensure that there is no adverse impact on your ability to borrow in the future.”


    Based on this I didn’t seek any further advice, I considered the matter settled and I’ve now proceed with legal costs, engineering costs etc for the mortgage only to find out this wasn’t the case.



  • Registered Users, Registered Users 2 Posts: 49 Pauljmeh


    This is fair enough, so should I still comply? Do I need to continue to update my address and contact details to Ulster Bank?



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  • Registered Users, Registered Users 2 Posts: 9,015 ✭✭✭10-10-20


    Seeing that this all hinges on T&C's which you presume we all have a copy of (and not linked or referenced previously), do you care to provide the exact wording of the clause which is so obvious that it precludes legal action in all shapes and forms?



  • Registered Users, Registered Users 2 Posts: 2,181 ✭✭✭Explosive_Cornflake


    I'd be seeking a solicitor who can deal with this. You can still keep your current one for your house.
    If you have that in writing it's probably worth spending a couple k to sort this out.



  • Registered Users, Registered Users 2 Posts: 1,259 ✭✭✭Peter Dragon


    +1 on this, I know of someone with a similar experience. This will only delay you further.

    You need to call the bank rather than communicate in email and by post, and continue to escalate it until you speak to someone who will act on it. Ensure the call is recorded (ask them) and make sure you have email confirmation post the call to confirm everything you agree to in it. Do this on Monday, if it’s not resolved then go legal.

    I would talk to the car company as well on this btw.

    Trying to “explain” this to the bank is a waste of time. It’ll look like you’re making excuses when the paper record says something contradictory.

    Good luck with this.



  • Registered Users, Registered Users 2 Posts: 49 Pauljmeh


    The reality is that Ulster Bank has failed in its duty to provide clear advice and has misadvised me, which will now probably lead to a significant financial impact on our family. Also, under the Consumer Protection Act, Ulster Bank had a duty to make reasonable efforts to contact me, which they failed to do. They had my email and mobile on file and contacted me through both previously.

    January 2023: Ulster Bank were exiting the Irish market and I closed my accounts as advised. I believed all accounts were fully closed and no further action was required as stated by their employee.

    July 2024: I discovered an issue with my credit rating when applying for a credit card with my new bank. It turned out that a fine from a rental car company, issued after my Ulster Bank account was closed, had gone unpaid for 18 months. I was unaware of this as I had not updated my address with Ulster Bank, believing it was no longer necessary since I no longer banked with them.

    2nd August 2024: I contacted Ulster Bank, and they apologised, assuring me in writing that any negative credit rating history would be removed. This assurance was provided to me in writing. This was the explicit assurance provided by Ulster Bank, and I relied on this in good faith believing the matter had been dealt with.

    10th August 2024: Ulster Bank statement outlining that customers who engage within 60 days would not be penalised with a negative credit history. This statement was issued eight days after I received a letter from Ulster Bank, meaning I was within the 60 day period to take action.
    https://www.rte.ie/news/business/2024/0809/1464301-ulster-bank-writes-off-most-remaining-credit-card-bills/

    February 2025: Despite Ulster Bank’s written assurance, my credit rating still shows a black mark, and my new lender is refusing to approve my mortgage until this is resolved. Ulster Bank has now suggested they may have misadvised me in August 2024.

    The advice they provided both in January 2023 and particularly in August directly influenced my actions and has put us in at a loss financially based on uS assuming this advice was correct. I'm also unsure how their written apology and commitments in Aug 2024 aren't legally binding? They're also adults, should I not assume the advice and commitment they give aren't genuine?

    Post edited by Pauljmeh on


  • Registered Users, Registered Users 2 Posts: 4,502 ✭✭✭...Ghost...


    Why would you be required to update your address with an institution you no longer have business with and who was also exiting the jurisdiction?


    OP, go seek legal advice. The bank are backing away from what they promised and you are suffering the consequences. It won’t get resolved without a legal push and threat of damages.

    Stay Free



  • Registered Users, Registered Users 2 Posts: 49 Pauljmeh


    I don't want to progress down the legal avenue but, considering that we're now looking at being significantly out of pocket because of actions we took based on UB advice and staring at not being able to get a mortgage for 4 years, I'm not sure we have a choice.



  • Registered Users, Registered Users 2 Posts: 227 ✭✭DonalB1


    The only way of having this resolved OP is by Ulster Bank ctacting the CCR. Since the CCR only records what lenders report, the bank has to initiate the correction.

    From reading your posts, its clear they admitted fault and advised you they could clear your history. Based on this you took actions which now will result in financial loss for you should they now back away from that commitment - whether that commitment they made in August 2024 was right or wrong is irrelevant as you could only take it at face value and legally binding.
    If they refuse then there are two options, the Ombudsman - which I would advise against for reasons covered in this thread, or engage your solicitor.

    From a legal standing, you have written confirmation of Ulster Bank committing to certain actions. There is also the matter of Ulster Bank’s reliance on postal letters alone, while ignoring your email and phone number (not to mention informing you while closing your accounts in branch), and this is unlikely to be considered reasonable under the Consumer Protection Code 2012.

    If it were me, I would lay all this out to the relevant person within Ulster Bank and see their response. It's in everyone's best interest t resolve this matter as quickly and easily as possible.



  • Posts: 9,956 ✭✭✭ [Deleted User]


    The OP should just to the press we with their story. If the likes of Connor Pope publish it or even Joe Duffy the issue will soon be resolved.



  • Registered Users, Registered Users 2 Posts: 4,502 ✭✭✭...Ghost...


    UB aren't in Ireland anymore. They don't care about Irish media. They care about the bottom line. I would give them written notice of 14 days respond with confirmation that they will resolve the matter by x date and failure to close the matter to my satisfaction would result in legal action in the form of damages. Prices are only going one way.

    Stay Free



  • Posts: 9,956 ✭✭✭ [Deleted User]


    The Central Bank does not like it's credit rating system coming into disrepute.



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  • Registered Users, Registered Users 2 Posts: 4,502 ✭✭✭...Ghost...


    This is true. However, UB performed their legal duty to report the unpaid credit. Separately, they haven’t resolved the issue after giving written confirmation to the OP. The CB are in the clear. UB are not. They are now wide open to being sued. Often all it takes is a a legal letter stating as much to get these things sorted.

    Stay Free



  • Registered Users, Registered Users 2 Posts: 134 ✭✭mikeoc85


    I have a similar issue over a €250 outstanding payment from nearly 3 years ago. I changed bank and I was 3 payments past due when I noticed, I immediately paid it and thought there would be no issues. I was wrong, massive issues now getting a small mortgage.

    I realise these reports are to allow lenders gauge your "credit-worthy-ness" but I assumed having paid all previous loans, overdrafts and credit cards on time would render these small mistakes irrelevant…apparently not



  • Registered Users, Registered Users 2 Posts: 49 Pauljmeh


    Oh yes I know all too well.

    • We have combined earnings of over €200,000

    • We have over €300,000 in savings

    • We’re looking for a mortgage of €250,000

    But there’s an issue because of a small missed payment that fell through the cracks when Ulster Bank were leaving the Irish market. No consideration is given for consistent repayments by my wife and I, having never missed a repayment other than this or for the fact that I had the funds to pay for this outstanding amount but it was sitting in another bank as I believe this account was closed out or for the fact that my wife would be able to afford the mortgage on her own. It’s black and white unfortunately

    We have had to engage our solicitor now to try and rectify the issue, which is not in anyone’s interest. I hope you have better luck



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