MORTGAGE PAYMENT DIFFICULTIES IN A PANDEMIC - Consumers' Association of Ireland

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MORTGAGE PAYMENT DIFFICULTIES IN A PANDEMIC - Consumers' Association of Ireland
www.thecai.ie
OCTOBER 2020

               MORTGAGE PAYMENT DIFFICULTIES IN A PANDEMIC
                 Consumer Choice considers the supports available to borrowers

               MONEY                LIFESTYLE             PRODUCT TESTS

          MORTGAGE PAYMENTS     FRESH VERSUS FROZEN    PUSHCHAIRS
          INSURANCE RIGHTS      COMPLAINT RESOLUTION   PORTABLE SPEAKERS
MORTGAGE PAYMENT DIFFICULTIES IN A PANDEMIC - Consumers' Association of Ireland
www.thecai.ie

The
Consumers'
                          October 2020
Association of            Dear Member,
Ireland
                          The reality of life in Ireland is that consumer problems remain to                  Regulatory oversight is only as effective as its
The Council is the        be an issue and a not insignificant cost to the bodies involved in     enforcement and we only have to look to the numbers of
policy-making body        attempting to resolve them. The numbers of complaints received         consumers still awaiting refunds and vouchers for flights cancelled
of CAI. Members are       and the enquiries made to helplines, call centres and regulatory       and curtailed since last March to understand that all too well. When
elected from within       bodies continue to climb and, primarily, because rights and            you consider that many of those would have been paid for in the
the CAI's membership      entitlements are being abused, delayed and denied.                     previous months, it is a fact that multiple thousands of consumers
at the Annual                         In 2019, the Competition and Consumer Protection           are individually out of pocket for hundreds and thousands of euro.
General Meeting.          Commission (CCPC) received 41,589 contacts and the Financial           And.......from the same airlines that are bombarding them with
                          Services and Pensions Ombudsman Bureau received an actual              offers of flights for 2021!
Council                   5,275 complaints. In the fourth quarter of 2019, the Commission                     You have to decide if this form of mockery is acceptable.
Members                   for Communications Regulation (ComReg) received over 21,000            But then, to do that, you have to consider how, if there is no-one
                          contacts. The newest regulator in town is increasingly gathering       stopping them defaulting on their legally owed debts, it is highly
Chairperson               numbers too.                                                           unlikely that anyone will even consider pointing out the backward
Michael Kilcoyne                      The establishment of the Legal Services Regulatory         culture and absence of quality corporate governance that such
Vice-Chairperson          Authority (LSRA) was long-awaited by consumers and the interest        actions represent.
Raymond O'Rourke
                          in its complaint service illustrates that very clearly. The LSRA has
Hon Secretary
                          just published its second report under its independent complaint
Elaine Bolger
Hon Treasurer             handling regime, indicating that it dealt with 605 complaints in a
Richard Donohue           six-month period between March and September of this year and
Council Members           636 in the five months prior to that and as it opened its doors to
Steen Bruun-Nielsen       the public. The complaints are outside of the 1,271 calls and emails
James Wims                received in the six-month period requesting information and/or
                          complaint forms.

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                                                           Consumer Choice,
                                                                                                                 Managing Editor
       We do not necessarily price or report on all                                                              Clodagh O'Donoghue
                                                           120/121 Baggot Street Lower,
       brands or models within the class, and the
                                                           Dublin 2
       exclusion of any brand or model should not be                                                             Researchers
       taken as a reflection on it.                                                                              Róisín Moloney Weekes
                                                           Tel (01) 659 9430
                                                           Email cai@thecai.ie                                   Atousa Motameni
       Social Media:                                       www.thecai.ie

       1         www.thecai.ie                                                                                                                         October 2020
MORTGAGE PAYMENT DIFFICULTIES IN A PANDEMIC - Consumers' Association of Ireland
Contents                                                                     www.twitter.com/The_CAI

                                                                             www.facebook.com/
                                                                             ConsumersAssociationIreland

15 Mortgage Payment Breaks
   and Supports in a Pandemic                          17       Portable Speakers

     MONEY                             FOOD & HEALTH                           PRODUCT TESTS
6    Money News                   10   Fruit and Veg - Fresh              17 Portable Speakers
     The latest developments in        vs. Frozen vs. Tinned                 Consumer Choice sounds out
     money matters, including          Frozen and tinned fruit and           31 portable speakers to see
     enhanced rights for insur-        vegetables are often viewed as        which ones will be music to
     ance customers and how you        poor relations to fresh produce       your ears.
     can benefit from the gov-         but sometimes they can be just
     ernment’s Stay and Spend          as good for our health.
     Scheme.                                                              21 Pushchairs
                                                                             For parents and babies on the
                                        LIFESTYLE                            go, seven new pushchairs have
15   Mortgage Payment                                                        been given the green light as
     Breaks and                                                              Choice Buys.
     Supports in a                12   FSPO Decisions Hold
     Pandemic                          Lessons for
     Consumer Choice considers         Consumers and
     the options and supports          Providers
     available for borrowers           Recent legally binding
     affected by the Covid-19          decisions focus on tracker
     pandemic.                         mortgages, incorrect reporting
                                       affecting consumers’ credit
                                       profiles, and protection against
                                       financial abuse of vulnerable
                                       persons.

                                                                          21     Pushchairs

2    www.thecai.ie                                                                                 October 2020
MORTGAGE PAYMENT DIFFICULTIES IN A PANDEMIC - Consumers' Association of Ireland
News Briefs by Dermott Jewell                                                                            NEWS BRIEFS

     Pleased To Meter
     You may have forgotten the issue but it is worth updating
                                                                        Trick or Treat
                                                                        The love-hate relationship between the citizen and their
     you on the progress of smart meter introduction across
                                                                        face mask is likely what prompted two civil and environ-
     Ireland. By the end of the year, it is (or was pre-Covid)          mental engineering professors to see what else it was pos-
     planned to have completed the installation of 200,000 smart        sible to achieve with one particular model. Thanh ‘Helen’
     meters across Ireland. A further 500,000 meters will be            Nguyen and Vishal Verma from the University of Illinois
     replaced every year for the next four years and, by way of         have determined that it is possible to extend the lifespan
                                                                        of an N95 respirator mask by sanitising it in an electric
     achieving that, the European Investment Bank (EIB) signed
                                                                        cooker – adding that this could include a rice cooker that,
     a loan facility to support the rollout of the 2.2 million smart    they found, can sanitise a mask in less than an hour, mak-
     meters to every home, farm and business in Ireland by that         ing the single-use mask reusable. It is important to point
     end of 2024 deadline. For those lucky 200k consumers,              out here that, while the N95 respirator masks are consid-
     from 2021, electricity supply providers will be in a position      ered the platinum class of personal protective equipment,
                                                                        we here at the CAI remain to be convinced that this is a
     to offer them the new ‘consumer-friendly’ smart services in
                                                                        smart way to go – for a great number of reasons too nu-
     their packages. As this is part of an EU-wide initiative, the      merous to outline here! However, the professors, using
     EIB has been flagging reminders of what benefits these me-         one cycle of an electric cooker, at a temperature of ap-
     ters will bring, including accurate billing, which reduces the     proximately 100° Celsius for 50 minutes, found that the
     need for manual meter readings and estimated bills. The            mask was decontaminated inside and out from four differ-
                                                                        ent classes of viruses, including a coronavirus type. A final
     meters also give users greater access to information on en-
                                                                        noteworthy point is how this research identified potential
     ergy usage and more control over energy consumption and            for the electric-cooker method to be useful for healthcare
     have the potential to improve customer services by allowing        workers and first responders, notably those in smaller
     the supplier to identify and remedy faults far more quickly        clinics or hospitals where there is no availability of large-
     and efficiently. Something to look forward to!                     scale heat sanitisation equipment.

                                              HOW DO YOU LIKE THEM APPLES
Apple’s Independent Repair Provider Program (IRPP) has just launched in 32 European countries. For a business to be eligible for the
programme it must meet strict guidelines and have an Apple-certified technician who can perform repairs. Nevertheless, this is a big
step forward as Apple has never allowed any unauthorised businesses to purchase genuine Apple parts to repair iPhones. The IRPP
was launched in the US last year and is now, finally, currently taking applications from smartphone repair businesses in Europe and
Canada.
          Interestingly, when announcing the expansion to Europe, Apple highlighted that there is no cost to join and that training is
free for new businesses. However, any business applying needs to have an Apple-certified technician who can perform repairs in order
to qualify.
          Participating companies must keep Apple’s repair tools, training, service guides and diagnostics confidential and must main-
tain a commercial walk-in service in an easily accessible location. This is not a generous move by this megacorporation but rather an
early response to a change of law coming down the line. In the US, there were 20 different right-to-repair bills under consideration in
state legislatures in the US when Apple agreed to let third parties repair its devices. Now, the European Commission’s new Ecodesign
Directive, which includes a right-to-repair focus, should be enacted in March 2021. This is an important directive because it includes
measures to ensure that TVs, refrigerators and other appliances are repairable and recyclable.

October 2020
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                                                                                                                               October 2020
MORTGAGE PAYMENT DIFFICULTIES IN A PANDEMIC - Consumers' Association of Ireland
Scary Stuff
Courtesy of our Australian colleagues at         Ireland – Aer Lingus and Ryanair – where
Choice magazine, I read the heartening           many ‘loyal’ and ‘valued’ customers have
news that Quantas airline has, in recent         been left as many as six months without
months, sent emails to customers                 contact and, still, without vouchers
reminding them about their right                 and without refunds. Fortunately for
and entitlement to a refund for their            the Australian consumers, they had
cancelled or suspended flights due to            an ally in the Australian Competition
Covid-19 travel restrictions. However,           and Consumer Commission (ACCC),
this proved not to be all sweetness and          which put pressure on Quantas to act
light and more similar in activity – or the      responsibly and without further delays
lack of – toward leaving those customers         (no pun intended). I gather the CCPC
without contact for months and the offer         here at home has been engaging with
of credit rather than the refund to which        the airlines, although somewhat less
they were entitled. This rings a familiar        successfully considering the lack of
bell in terms of the approach taken              action from the airlines.
by our two favourite airlines here in

 Costume Considerations
 There is a new website established to assist consumers in              The site uses a rating system across retail, material cost,
 plain understandable language and detailed information on              intermediary and overhead costs etc. Most brands attained
 how well different fashion brands are engaged in ensuring              a rating that ranged between ‘C’, which indicates that 50% or
 that their workers are paid a living wage. The site has been           more of suppliers are paying a living wage to all workers, and
 created by two campaigning organisations, Clean Clothes                ‘E’, where the brand makes no claim and gives no evidence
 and Labour Behind the Label, both of which are seeking bet-            that its suppliers are paying a living wage. The site address
 ter working conditions in the garment industry. Information            is www.fashionchecker.org and assists in raising awareness
 is provided on major shops and brands that include Primark,            of many of the issues surrounding the consumer perception
 Topshop, Boohoo, Hugo Boss, Gucci, Adidas and Puma.                    or understanding of affordability versus profit.

Was That A Knock On The Door?
In connection with Covid for which         100,000 people for the area of the
there is no known remedy and no            map you are focussing upon and will
means of escape from the constant          also now show you the number of
reminder of that reality, I alert you to   cases trending in that area. This is
the Google Maps new feature to help        now visible to you for all of the 220
all of us who are trying to make travel    countries and their cities, counties
arrangements in an ever-changing           and territories that Google Maps
advisory environment. By tapping           covers and supports. Wishful thinking
on the top right-hand corner of the        in terms of travel perhaps but,
Google Maps screen, you can select         nevertheless, it is using technology
‘Covid-19 info’. This will show you a      in the best manner to suit our need.
seven-day average on new cases per         Stay safe and well.

October 2020
         www.thecai.ie                                                                                                    October 2020
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MORTGAGE PAYMENT DIFFICULTIES IN A PANDEMIC - Consumers' Association of Ireland
FOOD & HEALTH/News                                         by Clodagh O’Donoghue

Food &
Health
Sweet solution for minor coughs and colds
Many people swear by a spoonful of                the UK’s National Institute for Health           placebo-controlled trials – only two from the
honey to soothe a cough or sore throat            and Care Excellence and Public Health            14 involved comparison with a placebo – and
and, according to a recent study from the         England went so far as to alter its general      so this is an aspect that requires further
University of Oxford, science backs up            recommendations for doctors and                  investigation.
the use of this traditional remedy, finding       healthcare professionals, stating that honey     		          The study’s authors point out
it is more effective than over-the-counter        should be prescribed before antibiotics for      that not only is honey a well-known lay
treatments or antibiotics. The new                patients with mild coughs and colds. A key       remedy but it is cheap, easy to access and
research looked at 14 clinical trials that had    reason behind this change was to reduce          has limited harms as well as being more
investigated the effectiveness of honey in        unnecessary antibiotic treatments, given         effective than usual care alternatives. They
treating upper respiratory tract infections,      the harm generated by increasing antibiotic      note that honey is a complex substance
with the Oxford study concluding that the         resistance, which is a serious and growing       and that some types of honey may be more
evidence gathered to date suggests that           concern across the world.                        helpful than others. However, they also
antibiotics are ineffectual for treating these    		        The clinical trials examined in        point out that, despite the broad variety
kinds of minor coughs and colds and that          the study were quite diverse, looking at a       of honey types used in the clinical trials
honey delivers better relief of symptoms.         range of patient groups, with most of them       under review, the results were significantly
		         The researchers acknowledged           comparing honey to ‘usual care’ strategies,      consistent. This finding indicates that, while
that they were far from the first to tout         from over-the-counter cough syrups to            some honey may be better than others, any
honey’s powerful anti-microbial effects           antihistamine treatments. The Oxford study       honey that you happen to have on your shelf
and note, for example, that in 2018               noted, however, that there was a scarcity of     should be somewhat beneficial.

Safer disposal of unused medicines needed
Research published by the Irish Pharmacy         • 6% of unused medicines are flushed down        increased.
Union (IPU) over the summer revealed that        sinks and toilets                                		          Given the associated risks, the
up to one third of unused medicines in                                                            IPU is calling for the HSE to implement a
Ireland are either thrown into bins or flushed   • Two out of five survey participants were not   countrywide DUMP scheme through local
down the sink or toilet. Such improper           aware of the dangers of improper disposal        pharmacies to promote safe and appropriate
disposal creates significant risks to health                                                      disposal of medicines and easy recycling of
and the environment and, as a result, the IPU    • The over-65 age group is four times more       inhalers and other medicine devices. IPU
is calling for a national medicines recycling    likely to return unused medicines to their       Vice-President Eoghan Hanly also notes that
programme, known as a DUMP (Dispose of           local pharmacy                                   public awareness campaigns may be needed
Unused Medicines Properly) scheme, across                                                         to boost compliance given the low levels of
the country to help consumers dispose            		         When medicines are flushed down       awareness of the environmental risks.
of their unused and out-of-date medicinal        the toilet or poured down the sink, they can     		          Even without a countrywide DUMP
products safely.                                 cause serious harm to the environment,           scheme, consumers should take a few
		          The study was conducted by           contaminating water systems and damaging         moments to look through their medicine
market research company Behaviour and            biodiversity. Moreover, when dumped with         cabinets and separate out any out-of-date
Attitudes on behalf of the IPU and revealed a    other household waste, medicine products         medications or items that they no longer
number of key findings:                          end up in landfill where they can permeate       have a use for. These can then be brought
                                                 the soil and enter our food chain and water      back to your local pharmacy for safe
• 27% of unused medications are disposed         supply. Crops and animals may be impacted        disposal.
of in bins                                       and antibiotic resistance in humans may be

   5     www.thecai.ie                                                                                                            October 2020
MORTGAGE PAYMENT DIFFICULTIES IN A PANDEMIC - Consumers' Association of Ireland
MONEY NEWS

Money News                                                                                       Money News by Róisín Moloney Weekes

                                                                   The Consumer Insurance Contracts Act marks a
Enhanced rights for                                                significant change in the Irish insurance industry
                                                                   and should help to increase transparency and
insurance customers                                                strengthen consumer rights in the sector.

New laws aimed at providing greater              be found, is insolvent, or “for any other     parties in that period.
protections for consumers and businesses         reason it appears to a court to be just
buying insurance came into effect at             and equitable to so order”, that person’s     		        These measures have been
the start of September 2020. The new             contractual rights against the insurer can    deemed to be more onerous for insurers
provisions form part of the Consumer             be transferred to a third party to whom a     and so have been deferred until 2021
Insurance Contracts Act 2019, which is           liability was incurred.                       to give companies time to update their
coming into force in two stages – with the                                                     systems and processes in order to comply
first phase commencing last month and            • Insurers are subject to increased           with them. Despite the delay in full
the second phase set to come into effect in      claim-handling duties, including paying       enactment, this legislation is very much
September 2021 to give insurers more time        any sums due to consumers within a            welcomed by the Consumers’ Association
to put new practices in place.                   reasonable time. Moreover, an insurance       of Ireland as all steps to improving
		        Under the Act, the definition of       company will now be limited in the amount     consumers’ rights are required and long
‘consumer’ applies both to individuals           of a claim settlement it can withhold until   overdue within the insurance market.
and businesses with an annual turnover           repairs have been completed and invoices
of less than €3 million. The legislation         furnished to it.                              Competition for Mortgage
applies to any insurance contracts, both                                                       Lenders
life and non-life, that are agreed, altered or   		         Other provisions of the 2019 Act   September saw Ireland’s newest mortgage
renewed after commencement of the Act.           that will not commence until next year        lender enter the market, with the lowest
The changes that have already taken effect       include the following:                        repayment interest rates cutting a dash.
include the following:                                                                         This addition to the market is Leitrim-based
                                                 • The burden on the consumer of having        Avant Money, owned by Spanish banking
• Insurers are no longer able to settle          to volunteer information to the insurer or    group Bankinter. Avant has appointed a
third-party claims without notifying the         risk rejection of a claim will be removed.    number of brokers to process applications,
policyholder and customers must be               Instead, the consumer will have to take       including the Irish Mortgage Corporation,
told the outcome of the claim, including         reasonable care and answer truthfully a       which reports that consumers can make
the amount that it has been settled for.         series of questions asked by the insurer      significant savings with Avant Money
Consumers will have to be given the              but will not be obliged to supply any other   products and interest rates.
opportunity to submit relevant evidence          information. Thus, the insurer will need to   		         The lowest rate being offered
relating to the claim.                           make sure to ask all relevant questions.      by Avant Money is 1.95%, along with an
                                                                                               80% loan-to-value, three-year fixed rate
• A new 14-day cooling-off period has            • New proportionate remedies for              at 2.20% and a 2.75% current prevailing
been introduced for customers signing up         misrepresentation by a consumer will          variable rate over a 30-year term. This can
to certain new insurance contracts that          be introduced, according to whether the       be compared with the most expensive
allows for withdrawal from or cancellation       misrepresentation was innocent, negligent     lender on the market, which offers an 80%
of the policy. This does not affect the          or fraudulent. The insurer should pay         loan-to-value three-year fixed rate at 3%
cooling-off periods already in place under       the claim where the misrepresentation         and a 4.5% current prevailing variable
the EU Distance Marketing Regulations.           is innocent but it can avoid the contract     rate over a 30-year term. Over a 30-year
                                                 if the misrepresentation is found to be       term, therefore, Avant Money’s offering
• Insurers can no longer reject claims           fraudulent. Where the misrepresentation       is significantly cheaper – by as much as
that are otherwise valid on the basis that       is negligent, the insurer must do what        1.75% less. The added competition in the
the claimant does not have an ‘insurable         it would have done if it had been in          Irish mortgage market is to be welcomed,
interest’ in the subject matter of the           possession of the full facts.                 particularly given that mortgage rates
contract.                                                                                      in Ireland remain higher than in most
                                                 • Insurers will have to provide customers     eurozone countries. With the new entrant
• Third parties can now claim against            with information on what they have paid in    putting pressure on other lenders to
insurers in certain circumstances. For           premiums over the last five years and on      lower interest rates, both new buyers and
example, where a person has died, cannot         any claims paid to the customer and third     existing mortgage holders could benefit.

         www.thecai.ie                                                                                                         October 2020
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MORTGAGE PAYMENT DIFFICULTIES IN A PANDEMIC - Consumers' Association of Ireland
Stay and Spend Scheme – How it works
Announced in September 2020 and running              scheme and consumers will need to look               through the Revenue Receipts Tracker mobile
from this month until April 2021, the Stay and       for appropriate signage to indicate that the         app or through the receipts tracker service in
Spend Scheme is a government initiative aimed        business is a qualifying service provider. You       Revenue’s myAccount, which will let you store
at incentivising consumers to spend money            can also check that the accommodation or food        your details online. You can add receipts as
in Ireland’s hard-hit tourism and hospitality        and drink provider is taking part in the scheme      you go along until you reach the cap of €625
businesses. The plan is to help drive sales in the   by looking up Revenue’s list of qualifying service   or €1,250. If a bill has been split between two
off-season months for the hospitality sector by      providers at https://www.ros.ie/stay-spend-web/      or more people, then you can only claim for
offering consumers the opportunity to claim a        rev/sas.                                             the share of the bill that you actually paid and,
certain amount of tax back on accommodation,                                                              ideally, service providers should give each
food and non-alcoholic drinks. You do not            		         Certain expenses will not qualify for     customer an individual receipt. All receipts will
need to go on a staycation to benefit from the       the tax-back scheme, including:                      need to be submitted as proof of expenditure
scheme, as money spent in your local area – for      • Takeaway food                                      before submitting your tax return. Those who
example in your neighbourhood cafés and              • Alcoholic drinks                                   pay tax through PAYE can make a claim by filling
restaurants – can also be deemed as ‘qualifying      • Non-alcoholic drinks served without food           out Form 12 for the 2020 period in myAccount,
expenditure’. However, you must have spent           • Amounts less than €25 in a single transaction      while those who are self-employed can make
at least €25 in a single transaction between 1st                                                          a claim by submitting a Form 11 for the 2020
October 2020 and 30th April 2021 to qualify and      		          When it comes to making your claim,      period in ROS. These forms will be available
the payment must be for one of the following:        you will need receipts for all your qualifying       from 1st January 2021 and further details on
                                                     expenditure and the amount of qualifying             uploading receipts and submitting a claim can
• Accommodation that is registered with Fáilte       expenses is capped at €625 per person or             be found at revenue.ie. The Stay and Spend tax
Ireland, including hotels, guesthouses, B&Bs,        €1,250 for a jointly assessed married couple.        credit has the effect of reducing your income
self-catering, caravan and camping parks, and        The Stay and Spend tax relief is provided at         tax liability – or the amount of income tax you
holiday camps                                        the standard tax rate of 20%, with a maximum         are required to pay – and the credit is deducted
                                                     refund of €125 per person or €250 for a jointly      after all other allowances or reliefs have been
• Food and non-alcoholic drinks, served in a café,   assessed married couple. Applying for the            applied. If the tax credit totals more than your
restaurant, hotel or pub                             Stay and Spend tax credit is a two-part process,     income tax liability, then any excess credit can
                                                     as you will first need to submit your receipts       be deducted from the USC you have to pay for
		         In addition, the business must have       and you will then have to make an electronic         that year.
registered with Revenue to participate in the        claim. Receipts can be submitted either

 Electricity Price Changes
 Consumers are facing a winter of increased           PSO levy is now €88.80 for each consumer for
 electricity costs with Electric Ireland due to       the period 2020/21. This amounts to a very
 reverse its decrease of just six months ago.         substantial 130% increase from the 2019/20
 The increase is coming into effect from this         period, when the charge was set at €38.68 per
 month and will see the average residential           consumer per annum.
 electricity bill going up by 3.4%, which             		          Unfortunately for customers of
 amounts to an average rise of €2.88 a month          Prepay Power, it too has announced a price
 or around €35 a year inclusive of VAT. Last          increase for its electricity. An increase of 2.9%
 April, Electric Ireland implemented a decrease       is taking effect from early this month, totalling
 in electricity prices of 2.5%. This month’s          an average cost increase of €33 per consumer
 increase will match that decrease and raise it       per year. Similar to Electric Ireland, Prepay
 a further 0.9%. This will be more significant        Power had announced a decrease in price last
 given the time of year with increased                April of 2.5% and this decrease again will be
 electricity use over the winter months.              met and raised by a further 0.4%.
 		          To further increase consumer             		          Both companies have pointed
 electricity costs, it has recently been              to increases in operator costs impacting
 announced that the PSO (Public Service               electricity suppliers as the basis for their
 Obligation) Levy is to also rise. If you are         increases. However, it is most unfortunate
 not familiar with the PSO levy, it was first         timing for Irish consumers who are in so many
 introduced in 2010 as a charge on all domestic       ways affected by the Covid-19 pandemic at
 electricity bills, with the main purpose of          this time.
 supporting the renewable energy sector. The

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MORTGAGE PAYMENT DIFFICULTIES IN A PANDEMIC - Consumers' Association of Ireland
Product/Tech News

 Support needed for digital inclusion of older people
 The Covid-19 pandemic has intensified reliance on digital                    is prioritising the digitisation of “the main existing citizen
 communications as a means of communicating with family,                      and business transactional services across Public Services”.
 health professionals and essential services and this, alongside              However, not everyone has equal digital access and, in particular,
 an increased focus on digital delivery of government services,               some older people are being left behind. In order to bridge
 has served to highlight the digital divide, particularly among older         the digital divide, Age Action has called on the government to
 people. According to Paddy Connolly, CEO of Age Action, digital              include in Budget 2021 provision for a digital allowance as well
 exclusion is a reality for around a third of people over 65 years,           as investing in one-to-one digital literacy training that meets the
 primarily due to a lack of digital skills and a perceived prohibitive        needs of older people.
 cost.                                                                        		         In addition, to assist with higher communication costs
 		        Under a ‘digital first’ approach, government services are          amid the ongoing pandemic and growing reliance on telehealth
 actively pushing for transactions to be digital, with consumers              measures and public health advice, Age Action is urging the
 encouraged to file tax returns and renew driving licences and                government to increase the Telephone Support Allowance from
 passports online. Moreover, the Public Service ICT Strategy                  €2.50 a week to €5 a week and to broaden the eligibility criteria.

Double-duty dual-screen smartphone
After exiting the smartphone market some years ago, Microsoft is making a comeback with
a device aimed at multitaskers, offering them two screens for the price of one. Double-
screen smartphones have been emerging on the market in recent times, and the Microsoft
Surface Duo is joining this new category, opting for a hinged mechanism rather than a
folding structure that caused so many teething problems for Samsung when its Galaxy
Fold with its bendable screen first appeared. The Surface Duo comprises of two 5.6-inch
screens that, when open, add up to a substantial 8.1-inch display measured diagonally – the
dimensions of a decent-sized tablet.
		          The clamshell design means that the screens are protected when closed, while
the full 360° range of motion gives you the options of opening it partway like a book, to 180°
or flat like a tablet, or folded right back on itself with each screen facing outwards. You can
choose to use the twin screens either in landscape or portrait modes and to display two
apps side by side – useful if you want to communicate with friends while watching a video,
look at a presentation while on a video call, or compare two products when doing a spot of
online shopping. Alternatively, you can stretch one app over both screens to increase your
display area for viewing photos or films or surfing the web and those in need of laptop-style
functionality can type on a keyboard on the bottom of the screen. There are certainly plenty
of uses envisaged for the new device that take it beyond the limits of regular smartphones but whether these additional capabilities will
be of practical use and worth the very hefty price tag will be up to the individual consumer.
		          The dual screens’ combined resolution is 2,700 x 1,800 pixels and the Surface Duo comes with an 11MP camera and 128GB
and 256GB storage options. Microsoft has abandoned its Mobile Windows platform and instead gone with the ubiquitous Android 10
operating system. Launched in September in the US initially with a starting price of $1,399 (€1,186), the Surface Duo will no doubt make its
way over this side of the Atlantic in due course.

 The products featured on these pages have not been tested by the Consumers’
                                                                                                       Product News by Clodagh O'Donoghue
 Association of Ireland and their inclusion here is not, in any way, an endorsement of them.

 8        www.thecai.ie                                                                                                            October 2020

 Face mask innovations
 Once a relatively unfamiliar sight on our      what is not clear is if the PuriCare mask can    compartment positioned at the back. There
 streets, face masks look set to remain a       effectively block Covid-19 infection or can      are several versions, starting with the basic
 feature of our lives for the foreseeable       successfully filter the wearer’s exhalations     mask – the Jabbermask Lite – which is able
 future and there have been some                if they have Covid-19 so that they don’t         to display the moving mouth and a smile
 innovative developments recently. South        infect others. There is also no word on how      activated by making a pop sound with
 Korean electronics manufacturer LG has         heavy this mask is to wear and if you can        your lips. At the top end of the scale is the
 adapted its home air purifying technology      speak through it. Certification and testing      JabberMask Pro, which adds emoji support
 into a battery-powered air purifying face      have yet to be completed ahead of a fourth-      operated through an Android or iOS app
 mask. The PuriCare Wearable Air Purifier       quarter 2020 launch, so we will know more        and a control fob. Prices start at around
 attaches to the face via straps behind         when this happens.                               €25 for the most basic version, rising to €50
 the ears like a regular face mask but it       		         Taking a very different approach,     for the top-of-the-range model and these
 incorporates an 820mAh battery to run          the JabberMask offers a fun solution to a        masks are set to start shipping to anywhere
 an active air filtration and purification      key drawback of mask-wearing – the fact          in the world next year.
 system for up to eight hours on low mode,      that it reduces human connections made
 reducing to two hours on high mode. The        through facial expression and eliminates all
 user breathes in and out through two           the friendly little smiles that help brighten
 replaceable HEPA filters, with fans to help    our day. To combat the communication
 pull fresh air in from the outside. The        barriers inherent in the Covid-19 world, the
 multi-speed fans use a respiratory sensor      JabberMask is packed with LEDs that can
 to control the rate at which they operate,     move like a mouth in time with the wearer’s
 speeding up to help you as you inhale and      speech and can smile or display emojis,
 slowing down to make it easier to exhale.      such as a love heart or simple words like ‘no’
 A UV-LED sterilising case is supplied          or ‘ok’ on demand. Undoubtedly novel, the
 that will charge the mask while killing        JabberMask also functions like a traditional
 off harmful germs. According to LG, the        cotton mask, blocking the transmission of
 device is ergonomically designed based on      droplets, and the fabric can be removed
 extensive facial shape analysis to minimise    from the electronic components for regular
 leakage around the nose and mouth and          washing. To keep the mask lightweight
 all components, including the straps, are      and comfortable to wear, the straps go all
 replaceable and recyclable. However,           the way around your head, with the battery

    Drone delivery pilot in Galway
    In our June 2020 issue of Consumer Choice, we mentioned how Irish drone company Manna was testing out a delivery model in
    Moneygall, Co. Offaly and now British retailer Tesco is set to launch a trial using Manna drones to get groceries to its customers in
    Oranmore, Co. Galway. In the wake of the national lockdown, Manna began testing drone deliveries as a way of getting prescription
    medication and essential groceries to Moneygall residents, particularly those cocooning and self-isolating. The pandemic has
    led to expanded pick-up and delivery services among food retailers across the globe, with several following US giant Amazon in
    trialling drones. As it experiments with different ways to reach more customers, Tesco took the decision to conduct its drone pilot
    in Ireland as Manna already has a license to operate here.
    		         Starting in October, the six-month trial will see Manna drones deliver ‘small baskets’ of goods from Tesco’s Oranmore
    store to the local area. Flying at 50mph (80km/h) and an altitude of 260 feet, the drones can deliver up to 9lb or 4kg of groceries
    a mile away in a mere three minutes. The idea is that small items can be packed into a cargo cassette underneath the drone and
    delivered to customers in the local area within 30 minutes to an hour of the order being made – ideal if you suddenly discover you
    have forgotten a key ingredient for a recipe, say. If the trial is successful, Tesco will consider extending the use of drones to reach
    more customers, with an eye to the small basket market, which is forecast to exceed £10 billion (€10.9 billion) in the UK over coming
    years. However, some drone trials around the world have been opposed by local residents who say that the aircraft are too noisy
    and intrusive, and a 2019 report by the Institution of Mechanical Engineers found that just a quarter of UK adults supported the
    idea of drone deliveries due to safety and noise concerns.

     9     www.thecai.ie                                                                                                           October 2020
MORTGAGE PAYMENT DIFFICULTIES IN A PANDEMIC - Consumers' Association of Ireland
FOOD & HEALTH / Fruit and vegetable intake

Fruit and Veg - Fresh vs. Frozen vs. Tinned
Frozen and tinned fruit and vegetables are often viewed as
poor relations to fresh produce but, in some cases, they can                                        REPORT by Clodagh O'Donodghue
be just as good for our health as fresh alternatives.

The amount of fresh vegetables and fruit       produce almost always trumps frozen or         This means that they have had less time
bought by consumers since the national         tinned. But there are scenarios in which       to develop the full range of vitamins,
lockdown earlier this year has increased in    the visual and textural aspects are not a      minerals and natural antioxidants that
line with a move towards more homemade         factor – for example, frozen vegetables        they should, by rights, contain. The
meals and cooking from scratch, but            work well incorporated into cooked dishes      produce then spends varying lengths of
is fresh always better than frozen or          like casseroles and soups and can give         time in chilled storage before arriving at
tinned? We are all aware of the immense        the same nutritional boost. So, as we do       the supermarket and may sit for days in
health benefits of sufficient fruit and        our supermarket shop, what should we be        your fridge, vegetable rack or fruit bowl
vegetable intake as we strive to ensure        tossing into our trolleys? Consumer Choice     prior to usage. During all this time, the
that we get our five-to-seven portions a       considers the fresh versus frozen versus       levels of nutrients can deteriorate. In
day. But should we always be opting for        tinned dilemma and when there may be           contrast, frozen fruit and vegetables
fresh versions, treating frozen or tinned      beneficial alternatives in the freezer aisle   are picked at peak ripeness and they
alternatives as poor relations only to be      and among the canned goods.                    are flash-frozen to preserve them at
used in a pinch?                                                                              their optimum taste and nutritional
		         Buying fresh may be a matter        Fresh versus frozen                            value. Frozen vegetables are generally
of pride as we try to do the right thing for   Greater amounts of time spent at               steam-blanched before flash-freezing
ourselves and our families in health terms     home in recent months have, for many           to keep colours bright, eliminate any
and there may be an implication that,          households, translated into more cooking       bugs or germs and destroy enzymes that
by buying the frozen or tinned version,        from scratch and even more vegetable           can cause deterioration. Fruits may not
we are giving up nutritional value and         growing for those lucky enough to have         undergo blanching as this can affect their
taste in favour of lower cost and greater      the outdoor space. Undoubtedly, if you         texture. The whole process of picking,
convenience. So it helps to know that          have carrot, peas, berries and other           washing, blanching, cutting, freezing and
sometimes frozen or tinned items can be        items growing in your garden, then you         packaging can happen within a few hours.
just as nutritious and we don’t have to feel   can pick them at optimum freshness and         As a result, unless you have the luxury of
slightly apologetic or slipshod for using      reap all the nutrition on offer. However,      being able to pick fruits and vegetables
them.                                          for most of the fruit or vegetables we buy     straight from the farm or your own garden,
		         Admittedly there are other          in the local supermarket, they can have        frozen produce may be equal to or, in
elements that come into play beyond            been harvested weeks in advance and            some instances, even more nutritious
nutritional value, such as visual appeal       often before they are ripe to allow them       than fresh varieties. Repeated studies
and texture, and this is where fresh           time to fully ripen during transportation.     comparing supermarket produce with

  10    www.thecai.ie                                                                                                       October 2020
frozen versions have confirmed that there                                         compared with eating them raw. If you do                                        trips to the supermarket, there is an
is little nutritional difference between the                                      opt for tinned fruit or vegetables, it is very                                  increased chance of buying fruit and
two options and, in some cases, frozen                                            important that you choose options that do                                       vegetable items that don’t quite last the
produce can contain higher levels of                                              not contain added sugar or salt, which will                                     week or that we don’t get around to using.
certain vitamins or antioxidants. Frozen                                          clearly offset any health benefits gained.                                      Some of us may feel mounting guilt as
peas are often cited as a prime example                                           Check the label and make sure that any                                          we see our fresh vegetables grow limp
of where the frozen version is typically                                          tinned fruit and vegetables you buy are in                                      and lifeless, or mouldy and sludgy, in the
better than the fresh alternative due to                                          their natural juices or water, rather than                                      bottom of the crisper drawer, with the
being preserved at their peak ripeness,                                           in syrup or water that has added salt or                                        environmental impact of throwing away
taste and nutritional value. Moreover,                                            sugar.                                                                          fresh food weighing heavily on our minds.
from a nutritional viewpoint, you will get                                                                                                                        Buying a mix of fresh and frozen produce,
many more nutrients – including fibre,                                            Convenience                                                                     with the odd tin thrown in, can provide the
iron and calcium – from a cup of frozen                                           Thus, we have established that there is                                         optimum solution to getting a full range of
spinach than from a cup of fresh spinach                                          no shame in heading to the freezer aisle                                        vitamins, minerals and antioxidants while
leaves as the frozen version packs all the                                        for your fruit and vegetable purchases                                          avoiding overbuying of fresh produce to
goodness of a lot more leaves into the                                            and even some tinned options can be                                             limit food spoilage and associated waste.
same size portion.                                                                nutritionally useful. Indeed, to ensure                                         And if those fresh vegetable items do
                                                                                  you get the best range of vitamins,                                             start to look a little sad and woebegone,
Tinned versions                                                                   choosing a mix of fresh and frozen                                              getting into the habit of preparing a
So, if frozen vegetables and fruit can                                            produce may be the optimum solution.                                            leftover vegetable soup at the end of the
deliver equal or greater nutritional                                              And the convenience of frozen and                                               week is a great way of them using up.
benefits than fresh produce, what about                                           tinned options cannot be questioned, as                                                    It will come as no surprise to
tinned goods that can sit indefinitely on                                         they sit patiently waiting in the freezer                                       savvy shoppers that frozen and tinned
your shelf? Things are not quite so simple                                        or cupboard for weeks or months until                                           produce is generally a fraction of the cost
or clear-cut when it comes to the canning                                         needed – peeled, washed, prepared and                                           of fresh versions. Our table below takes a
process. Canning fruit and vegetables                                             ready just to be tossed into a pot or pan.                                      quick look at typical supermarket prices
involves sealing the produce in tins and                                          Of course, not all frozen or tinned produce                                     for various fresh fruits and vegetables
then heating them to destroy harmful                                              is equal and some can offer better                                              compared with frozen and tinned
bacteria and prevent spoilage. However,                                           substitutes for fresh versions than others.                                     versions. Whether you choose fresh
in the process of killing off bacteria, some                                      It is hard to beat the texture and aroma                                        or frozen varieties, to retain maximum
nutrients, particularly heat-sensitive                                            of a fresh raspberry or strawberry and a                                        nutrients and ensure a crisper and
vitamins like vitamin C and B-vitamins,                                           lump of frozen spinach cannot replace a                                         more appetising texture, steaming and
are also destroyed. On the plus side,                                             handful of baby spinach leaves in a salad.                                      stir-frying are better cooking options than
heating can in fact improve absorption                                            But frozen berries are ideal in a smoothie                                      boiling, which can cause the nutrients to
of other nutrients, with a key example                                            or for baking, while frozen spinach can be                                      leech out, as well as potentially turning
being lycopene, which is an antioxidant                                           a great trouble-free ingredient in a curry                                      your vegetables limp and mushy.
contained in tomatoes that has benefits                                           or stew.                                                                                   At the end of the day, upping our
for cardiovascular health and is better                                                      As well as offering optimum                                          vegetable and fruit intake by any means at
absorbed by the human body after being                                            convenience and minimum fuss, frozen                                            all is beneficial to our health, and frozen
heated. As a result, you will get more                                            and tinned fruit and veg can also help to                                       versions particularly are a convenient and
lycopene from a tin of tomatoes than                                              cut down on food waste. As we continue                                          cost-effective alternative that might even
from raw, fresh ones. The antioxidant                                             to try to minimise outings amid the                                             deliver greater nutritional oomph than
levels of spinach, asparagus, kale and                                            ongoing pandemic and focus on larger                                            fresh options.
mushrooms are also boosted by cooking,                                            weekly shops rather than almost-daily

TABLE: FRESH VERSUS FROZEN VERSUS TINNED PRICES

  Item                                                   Fresh                                                                  Frozen                                                    Tinned
                                 Price (€)               Weight            Price per 100g (€)            Price (€)               Weight           Price per 100g (€)          Price (€)   Weight   Price per 100g (€)

  Blackberries            2.99                    125g                     2.39                   1.59                    350g                    0.45                 1.49                290g          0.51

  Strawberries            2.49                    300g                     0.83                   1.59                    350g                    0.45                 1.65                420g          0.39

  Raspberries             2.00                    150g                     1.33                   1.59                    350g                    0.45

  Blueberries             2.99                    125g                     2.39                   2.50                    300g                    0.83

  Carrots                 0.59                    500g                     0.12                   1.26                    1kg                     0.13                 0.39                300g           0.13

  Green beans             0.99                    220g                     0.45                   0.84                    900g                    0.09                 0.89                400g          0.22

  Spinach                 0.79                    90g                      0.88                   1.27                    900g                    0.14

  Broccoli                1.09                    350g                     0.31                   0.49                     900g                   0.05

Prices found in September 2020 online at a major supermarket retailer, using the smallest package options and own-store brands where available.

    11         www.thecai.ie                                                                                                                                                                        October 2020
Lifestyle/FSPO decisions

                                FSPO Decisions Hold Lessons for
                                      Consumers and Providers
Decisions recently published by the Financial Services and Pensions Ombudsman
contain lessons for consumers and providers in the areas of credit profiles, tracker
mortgages and protecting against financial abuse of vulnerable persons.

      REPORT by Clodagh O'Donoghue              outlined and directions given can be          • Compensation of €10,000 after a lender
                                                applied to groups of consumers in similar     failed to correct a customer’s credit
                                                circumstances who will benefit from           profile, following a credit card being
The Financial Services and Pensions             changes introduced by providers to remedy     issued in the customer’s name without his
Ombudsman (FSPO) has recently published         practices or conduct that have been           knowledge or permission.
a number of legally binding decisions           deemed to be of concern.
made in the first five months of this year                                                    • Compensation of €2,500 after a bank
that shed light on the powers and services      Recent decisions                              failed to offer an explanation for declining
of the FSPO and help both consumers             Between January and May 2020,                 a transaction on a customer’s credit card
and providers to understand the kinds           the FSPO issued 199 legally binding           and provided poor customer service.
of complaints that will be upheld and           decisions, of which 72 were either fully,
how disputes can be avoided or resolved.        substantially or partially upheld and         • Compensation of €22,000 due to
The FSPO deals with a wide range of             127 were not upheld. All complaints           particularly difficult circumstances
complaints from consumers, including            are initially dealt with through informal     suffered by a customer as a result of
small businesses and other organisations,       mediation with both parties, often over       significant overcharging following the
relating to insurance, banking, credit          the phone, to find a resolution that is       denial of a tracker mortgage interest rate.
facilities, investments and pensions.           acceptable to all involved. Where this
Under the Financial Services and Pensions       informal engagement fails to resolve the      • Compensation of €8,000 for
Ombudsman Act 2017, short summaries of          dispute, the FSPO formally investigates       overcharging where a tracker interest
decisions taken by the FSPO are published       the complaint and issues a decision that      rate was not applied and a mortgage was
periodically in the Ombudsman’s Digest          is legally binding on both parties, subject   restructured.
of Legally Binding Decisions and the full       only to an appeal to the High Court. This
versions can be accessed on the FSPO’s          means that a provider must implement          • Compensation of €1,500 for failures in
Database of Decisions at https://www.           any direction made in a decision unless       service and poor levels of communication
fspo.ie/decisions/. Although the decisions      the decision is appealed. Some examples       from a bank arising from the freezing of a
relate to specific individuals or businesses    of directions made by the FSPO in the         customer’s account following bankruptcy.
and their particular experiences with a         first few months of this year include the
financial institution or firm, the principles   following:                                    • Compensation of €8,000 for poor

12      www.thecai.ie                                                                                                        October 2020
communication relating to a no-claims        been the reporting of credit profiles         the consumer’s ICB record once the
bonus and subsequent cancellation of a       and the negative impacts that incorrect       error had been discovered, no evidence
car insurance policy.                        reporting can have on both individuals        was presented to support this. The
                                             and businesses.                               Ombudsman held that the provider
• Compensation of €1,000 for poor            		         The Irish Credit Bureau (ICB)      had not dealt with the consumer’s
communications relating to the automatic     is an electronic database that contains       complaints adequately and had caused
renewal of a car insurance policy.           information on the performance of             him inconvenience and distress. The
                                             credit agreements between financial           provider was directed to pay €10,000 in
Tracker mortgages                            institutions and borrowers. Over 300          compensation and to issue a letter to the
As can be seen, the office of the FSPO       lending institutions register information     consumer to confirm that the reports it
continues to receive complaints in           with the ICB, and every time a consumer       had made to the ICB in relation to this
relation to tracker mortgages, with          applies for a loan or mortgage from one       matter were incorrect.
the Financial Services and Pensions          of these lenders, the lender can access       		        The FSPO has received
Ombudsman, Ger Deering, indicating at        that consumer’s credit profile to find out    complaints where the consumer has
the time of publication of the decisions     about their performance under previous        made a conscious decision to stop paying
that the FSPO was dealing with over 1,200    credit agreements with other lenders and      a loan or was unable to repay a loan and,
tracker mortgage interest complaints.        whether they missed payments in the           in these instances, the providers were
Mr Deering notes that a number of            past. Information on borrowers is held        found to have made correct reports to the
his decisions in relation to tracker         for five years after the credit agreement     ICB or Central Credit Register. However,
mortgages, where the complaint has           is ended. Separately, the Central Bank of     other complaints show that incorrect
been upheld, have profound and positive      Ireland has established a Central Credit      reporting can occur, in some instances
implications for the complainants            Register, which is a national database to     without the consumer’s knowledge, and
concerned and, in some cases, similar        which lenders must submit personal and        this can have very serious consequences
implications for other customers of the      credit information on existing loans for      for the consumers involved. Mr
provider involved. Mr Deering points to      €500 or more and on loan applications         Deering has noted that it is particularly
estimates that almost 7,000 customers        for €2,000 or more. The information           concerning that some financial services
across a number of banks will benefit        contained on these databases can have         providers appear unwilling to accept
from the directions made in a small          very serious implications for individuals     when they have made mistakes and
number of tracker mortgage-related           and businesses, as a negative credit          either refuse or neglect to correct the
decisions. However, it must also be noted    profile can result in them being refused      borrower’s record. Mr Deering asks
that the FSPO also has received a large      credit by a financial institution.            providers to be careful in their reporting
number of complaints from consumers          		         Consumers are entitled to          and to remedy any errors quickly. It
who would like to have availed of tracker    know what information about them is           is also important that consumers are
mortgage interest rates but who have         contained in these databases and they         aware that such reporting takes place
no contractual or other entitlement to a     can access their own personal record by       and that they have a right to know what
tracker mortgage, and these complaints       contacting the Central Credit Register        information is held about them by the
will not be upheld. Consumers who            or the ICB. However, Mr Deering notes         ICB and the Central Credit Register. To
believe they are entitled to a tracker       that the complaints received by the FSPO      get a copy of your credit report from
mortgage interest rate can read through      show that consumers are sometimes             the ICB, you can complete an online
the anonymised case histories on the         unaware of the records held about them.       application at icb.ie or you can phone 01
FSPO database to see if their situation is   Moreover, they may only find out about        2600 388 to request that a copy be sent
similar to those of previous complainants.   their negative credit profile when they are   to you. Similarly, to obtain your credit
                                             refused credit by a financial institution     report from the Central Credit Register
                                             and that institution informs them of          you can submit an online request at
                                             the reason. Thus, if a consumer has a         centralcreditregister.ie. Credit reports
                                             credit profile that contains inaccurate or    are free of charge, subject to fair usage.
                                             incorrect indicators, this could lead to
                                             them being refused a loan or a mortgage       Access to accounts of
                                             through no fault of their own.                vulnerable persons
                                             		         One complaint outlined in the      Among the 22 decisions summarised
                                             recently published decisions involved a       in the recently published Digest of
                                             consumer who discovered that a credit         Decisions is a complaint that may be of
                                             card had been taken out in his name by        particular interest during the Covid-19
                                             a third party without his knowledge or        pandemic as it relates to the access to
                                             permission. As the consumer was not           bank accounts of vulnerable persons.
                                             aware of the credit card, no payments         When cocooning during the national
                                             were made and a bill of over €2,000           lockdown, older and medically vulnerable
                                             accrued. Through no fault of his own,         persons may have had to ask for help
Credit profiles                              the consumer acquired a negative              in obtaining pension payments and
Since the FSPO began publishing              credit profile with the ICB. Although         managing their finances and, as many
decisions in 2018, a recurring issue has     the bank claimed that it had corrected        of these individuals are continuing to

   13   www.thecai.ie                                                                                                     October 2020
severely limit their outings and contacts     was any wrongdoing on the part of the         the Covid-19 pandemic has impacted
for health and safety reasons, they may       bank. The Ombudsman found evidence            the nature of complaints that the office
require ongoing assistance with their         that the mother had authorised, with her      is now receiving. The FSPO is currently
money management. However, it is              signature, all the in-branch transactions     dealing with more than 200 complaints
vital that consumers hand over access         made on her account and that these            relating to Covid-19, in such areas as
to their funds to trusted third parties       signatures were always verified by            credit, travel and event and business
only and that certain precautions are         the bank using proper procedure. The          interruption insurance.
taken. Banks dealing with third parties       Ombudsman also agreed that it was the         		         If you wish to make a complaint
have responsibilities to ensure that          mother’s responsibility as to what she did    to the FSPO, you must first have tried to
the owner of the account has properly         with her ATM card and PIN. Ultimately,        resolve the situation with the financial
authorised access to their funds. This        the Ombudsman did not uphold the              services or pension provider concerned
is illustrated in a recent FSPO complaint     complaint as no wrongful behaviour by         and the provider must be given a chance
where a daughter of a woman in her            the bank had been established.                to offer a solution. You will need to
eighties found what she considered to         		         The Banking and Payments           have followed the provider’s complaint
be multiple irregularities on her mother’s    Federation of Ireland (BPFI) notes that       handling process and you may need to
bank account, with large withdrawals          banks are working to help make banking        be persistent to get a response. If you
going back a number of years and              easier for vulnerable customers who           remain unhappy with the final response
totalling around €2,000 a month. The          find it difficult to manage their banking     or if the provider is failing to engage with
mother could not have made these              themselves, either because of the             you, you can contact the FSPO. For more
withdrawals herself due to hip surgery        Covid-19 crisis or because of mental          on how to make a complaint, go to https://
some years earlier. It was found that         capacity issues, physical disabilities        www.fspo.ie/make-a-complaint/.
the withdrawals had been made by              or serious illness. However, the
third parties, including the mother’s         implementation of safeguards is critical
neighbour and the neighbour’s relatives.      and the country’s five retail banks and
The withdrawals were permitted by the         An Post have alerted frontline staff to
bank on the grounds that the parties          be vigilant to potential financial abuse
withdrawing the funds were known to           of customers at risk. Some key advice
the bank. An ATM card for the mother’s        from the BPFI for vulnerable customers
account was also issued to a third party,     includes avoiding keeping large sums of
which was then used to withdraw money         money at home, never giving their PIN to
up to eight times a day. In her complaint     anyone, requesting receipts from anyone
to the FSPO, the daughter argued that         doing the shopping for them, asking for
this amounted to “gross negligence” by        proof of transaction if a trusted third
the bank, stating that it had not protected   party has conducted business in a bank
her mother’s funds in accordance with         branch on their behalf, and avoiding
banking regulations and wrongfully            setting up a joint account with another
permitted a third party access to a           person as this provides the other person
vulnerable person’s finances. The bank        with legal access to all the funds in the     Useful contacts
responded that there was clear evidence       account. The BPFI urges those who are
that each of the transactions was             worried about the management of their         Banking and Payments Federation of
properly authenticated by the mother.         money to call their bank as frontline staff   Ireland
The bank noted that the neighbour had a       have been trained to deal empathetically      bpfi.ie
signed letter of authority from the mother    with customers to help ensure their
to withdraw money on her behalf and           wishes are carried out.                       Central Credit Register
that all proper verification procedures                                                     centralcreditregister.ie
were followed regarding the ATM card.         Ongoing work
Although the third party had requested        The complaints dealt with by the              Financial Services and Pensions
the card, the bank followed up with the       FSPO involve complex issues, and the          Ombudsman
mother, who verified her information and      Ombudsman, Mr Deering, encourages             fspo.ie
gave the bank the authority to speak to       people to read the full text of the
the third party on her behalf. The mother     decisions contained on the Database of        Irish Credit Bureau
later admitted that she gave the ATM card     Decisions. This database now features         icb.ie
and PIN to the third party to help her with   full accounts of more than 800 legally
the management of day-to-day expenses.        binding decisions issued since the
The bank argued that it is the customer’s     establishment of the FSPO in 2018. The
responsibility to keep these details safe.    FSPO receives thousands of complaints
		         In the Ombudsman’s decision, it    annually, many of which are resolved
was noted that the daughter was making        through the informal mediation process,
serious allegations of fraud against her      and only complaints that reach the formal
mother’s neighbour and the neighbour’s        investigation stage and are the subject of
relatives and that these allegations were     legally binding decisions are published.
a matter for An Garda Síochána and the        		        In the most recent Digest of
courts and not for the Ombudsman. The         Decisions, the fourth the Ombudsman
Ombudsman can only consider if there          has published, Mr Deering notes that

  14    www.thecai.ie                                                                                                       October 2020
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