# 'New' Ombudsman



## TomTron (29 Jul 2020)

I've made a successful Appeal and have been awarded additional monies - which have been accepted without prejudice. 

I've had Counsel Opinion from a 'High Profile SC'  on my case who says I will undoubtedly win in the High Court that the Bank caused the loss of the home, which the Bank deny. I'm advised to issue proceedings.

A ex Bank Manager friend had strongly advised not going to the Irish Ombudsman and to go to the High Court. However, this week, he called to say that given the recent change in Ombudsman, cases brought and awards made are far more customer friendly - he advised to go to the Ombudsman.

Is there a general consensus that the 'new' Ombudsman is a better bet?


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## Brendan Burgess (29 Jul 2020)

The New Ombudsman is there about 5 years.

I would always recommend going to the Ombudsman over the High Court.

Quicker and much more likely to get a favourable result.

And you will be in control. If you hand your case over to a solicitor and barrister, they might be good or they just might lose interest in it.   

If they do it on a no foal no fee basis, there would be huge pressure on you to settle on the steps of the court based on the bank paying the fees of both sides..

Brendan


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## TomTron (31 Jul 2020)

Thanks for that Brendan.

Bank of Ireland have stated they will not use the time limit defense for 12 months from the date of Appeal Decision. 

If the Ombudsman takes longer than 12 months to come to a decision, is it expected that then I will be statue barred from taking a HC action against the Bank?

Some people are saying the Bank have acknowleged the issue so SOL starts again, others say no. Mindful that BOI appear to be the most aggressive in barring cases for time limits, even with Ombudsman.


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## Brendan Burgess (31 Jul 2020)

Hi Tom

If you  don't like the Ombudsman's decision, that is effectively it.  You can only go to the High Court in very specific situations and the High Court rarely overturns the Ombudsman's decision. 

So make your decision now - The Ombudsman or the High Court. 

Don't worry about Statute of Limitations. 

Brendan


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## TomTron (31 Jul 2020)

Very good, thanks Brendan, nice and clear.


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## TomTron (5 Aug 2020)

A follow up in case its of help to people reading the thread, it was informative for me.

Irish Ombudsman responded to my email in an hour! :

Decision Letter from Appeal Panel is considered a 'Final Response' required prior to submitting Ombudsman complaint.
Ombudsman will accept complaint up to 6 years from date of offer of Redress from Bank (in my case 2018).
Significant tracker complaint backlog and complaints being dealt with in date order.
Limit of 500,000EUR can be awarded


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