Written answers
Tuesday, 7 October 2014
Department of Finance
Mortgage Arrears Report Implementation
John Browne (Wexford, Fianna Fail)
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171. To ask the Minister for Finance if he will provide the breakdown of appeal categories in the independent Office of the Financial Services Ombudsman in respect of the number and percentage relating to code of conduct on mortgage arrears or mortgage arrears resolution process complaints, insurance companies, and so on in the period 2011 to 2014; if he will also provide the number of appeals and the equivalent percentage of each appeal category where the finding was upheld, partly upheld or not upheld; his views on the mediation option applying to the Financial Services Ombudsman not being accepted by financial institutions; and if he will make a statement on the matter. [37986/14]
Michael Noonan (Limerick City, Fine Gael)
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Firstly, I must point out that the Financial Services Ombudsman is independent in the carrying out of his duties. I have no role in the day to day workings of the office.
However, the Financial Services Ombudsman has informed me that the information requested by the Deputy is as follows:-
Information regarding Mortgage Arrears Resolution Process (MARP) complaints for the period 01/01/11 to 03/10/14
| Total Complaints received: | MARP: | % of Total: |
|---|---|---|
| 2011: 7,230 | 21 | 0.29% |
| 2012: 7,287 | 105 | 1.4% |
| 2013: 8,135 | 565 | 7% |
| 2014: 3,584 | 375 | 10 % |
| Total MARP: 1,066 |
MARP Findings:
| Upheld: | Partially Upheld: | Not upheld: |
|---|---|---|
| 2011: No Finding issued | No Finding issued | No Finding issued |
| 2012: 0 (0%) | 5 (45%) | 6 (55%) (Total Findings 11) |
| 2013: 1 (2%) | 14 (20%) | 54 (78%) (Total Findings 69) |
| 2014 (to 3rd October): 2 (3%) | 19 (23%) | 61 (74%) (Total Findings 82) |
It should be noted that the Code of Conduct on Mortgage Arrears (CCMA) process only came into effect on 1 January 2011. By mid to late 2011 the Financial Services Ombudsman Bureau started to receive complaints regarding alleged breaches of the Code and therefore, it was early 2012 before findings were issued.
I have been further advised by the Financial Services Ombudsman that in respect of all cases the Financial Services Ombudsman's Bureau offers mediation to the complainant and the provider.
On the issue more generally, both parties to the complaint must be willing and must elect to participate in mediation before it can take place. If one of the parties wants to mediate the complaint and the other does not, then no mediation will take place and the matter will proceed to investigation and adjudication.
In 2013 no mediations took place in relation to mortgage arrears.
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