Courts / Ireland / Report

Mortgage provider must pay over €8k for refusing over 70's application

Summary

The Workplace Relations Commission upheld a complaint of ageist discrimination under the Equal Status Act 2000 against Avantcard DAC, trading as Avant Money, in a decision published this morning. Adjudicating officer Úna Glazier-Farmer ruled that Michael Lane was treated less favourably on the grounds of his age when the lender refused to allow him to apply for a mortgage switching service because he was over 70. The tribunal rejected Avant Money's motion for an anonymous decision and its argument that the complainant failed to use the official ES1 form, noting that an ordinary letter suffices. The adjudicator found that Lane was denied the opportunity to prove his repayment capacity, which the lender's policy allowed as an exception. Consequently, Avant Money was ordered to pay €8,420 in compensation, representing half the interest Lane would have saved. Additionally, the firm was directed to carry out equality training in its complaints department within six months and to write to its brokers to clarify its age policy. David Caslin, the firm's interim head of compliance, testified that the company did not comply with the complaint process as the official form was not used, though the adjudicator rejected this defence. The hearing concluded with these final orders and findings.

Who, what, where, when and why

What: Report matter: Mortgage provider must pay over €8k for refusing over 70's application. Charges or matters: failure to comply with equality legislation. Procedural stage: hearing_or_decision

When:

• 25 March 2021 Hearing Or Sentence
• April 2021 Other
• 13 June 2023 Other
• 2023-06-28 Publication

Why: Avant Money has been ordered to pay over €8,000 to a man whose broker said he could not apply for a mortgage switch with the financial institution because he was over 70. CNI source report

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Stage Hearing Or Decision

Read the original CNI report