I was a little surprised at the tone is some of the exchanges and I thought another view might help matters.
Padraic Kissane and Brendan Burgess have a lot of experience in dealing with the FSPO.
All are agreed that the former FSPO chief became overly technical as they had been slapped back by a few judgments and he then decided that he would have to be technical.
As far as I know PK has had a number of cases decided by FSPO overturned by the Courts. [previous chief]
BB has had remarkable success with particularly AIB 'prevailing rate' issue that not alone affects 100s of cases but showed that the AIB Panel were not at the races. In fact the perverse cases looked at by AIB Panel would suggest that NONE of the original cases would have been upheld by them either. That Panel is a total shambles.
If you do not present key facts the FSPO will not put them in for you unlike UK version. To me this is still a fundamental weakness as professional fees wont be paid but Mr Kissane often has facts from the 100s of successful cases and is worth a referral.
Astonishingly the EU have issued a document in July 2019 on the ancient Unfair Contract Terms and there are some interesting decisions about this and also some decisions imminent that will really upset the Irish Banks.
The notion that a clause in your letter of offer affecting what happens after a fixed rate is now likely to be an unfair term. This would go the root of many tracker issues as you would have had to dig the old letter of offer out of the attic if you even had it. That is something that should be changed immediately.
A consequence of the late arrival (about 6 years late) the Central Bank investigation flipped many decisions_on their head and then there was the thorny issue should not every tracker case that was shot down by former FSPO not be thrown in the bin. A lacuna as the legal brotherhood would say.
Then there is the issue as to whether the FSPO is bound by the UCT as regards testing for unfair terms regardless of what the complainant put in.
One thing that was put into law is the ability to get around the 6 year rule which is helpful/.
Do not therefore be surprised that confusion reigns.
Padraic Kissane and Brendan Burgess have a lot of experience in dealing with the FSPO.
All are agreed that the former FSPO chief became overly technical as they had been slapped back by a few judgments and he then decided that he would have to be technical.
As far as I know PK has had a number of cases decided by FSPO overturned by the Courts. [previous chief]
BB has had remarkable success with particularly AIB 'prevailing rate' issue that not alone affects 100s of cases but showed that the AIB Panel were not at the races. In fact the perverse cases looked at by AIB Panel would suggest that NONE of the original cases would have been upheld by them either. That Panel is a total shambles.
If you do not present key facts the FSPO will not put them in for you unlike UK version. To me this is still a fundamental weakness as professional fees wont be paid but Mr Kissane often has facts from the 100s of successful cases and is worth a referral.
Astonishingly the EU have issued a document in July 2019 on the ancient Unfair Contract Terms and there are some interesting decisions about this and also some decisions imminent that will really upset the Irish Banks.
The notion that a clause in your letter of offer affecting what happens after a fixed rate is now likely to be an unfair term. This would go the root of many tracker issues as you would have had to dig the old letter of offer out of the attic if you even had it. That is something that should be changed immediately.
A consequence of the late arrival (about 6 years late) the Central Bank investigation flipped many decisions_on their head and then there was the thorny issue should not every tracker case that was shot down by former FSPO not be thrown in the bin. A lacuna as the legal brotherhood would say.
Then there is the issue as to whether the FSPO is bound by the UCT as regards testing for unfair terms regardless of what the complainant put in.
One thing that was put into law is the ability to get around the 6 year rule which is helpful/.
Do not therefore be surprised that confusion reigns.