Key Post Taking a lost tracker case to the courts instead of the Ombudsman

mcaul

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I have moved this to a new thread as it is very, very important - Brendan

... the circuit court limits are rising to 70k from next January and the total value of a lost tracker based on a 225k mortgage with circa 20 years remaining would be just under 70k.

The costs of taking action via the circuit court is much much lower than high court - problem is on the downside that circuit court judges may not be up to making the correct decision on a complicated case like this.

I think bet course at present is to get in contact with Padraic Kissane as detailed above - he should be back from holidays middle of next week.
 
Mcaul

I was not aware until yesterday that the Minister for Justice is considering increasing the limits in the courts.

Could you explain the implications of this?

Can you explain why you might get a better hearing in the Circuit Court or District Court than from the FSO.

The FSO has upheld a lot of complaints from customers who lost trackers.
These customers might not have won a legal case.

The FSO has also rejected complaints which I thought were justified and so there is a natural tendency to think that the courts might have ruled in favour of the plaintiff. I am not sure that is the case.

One huge advantage I see is that if the High Court rules that a particular wording means something, then either the customer or the bank could use that ruling as precedent in subsequent cases.
 
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