Complainant a "notice party" when financial institution appeals FSO's decision?

Brendan Burgess

Brendan Burgess

Founder
Messages
54,682
The consumer makes a complaint to the Ombudsman.
The Ombudsman upholds that complaint
The bank appeals it to the High Court
The bank names the consumer as a "notice party".


What are the implications of this?

The dispute is between the Ombudsman and the bank, but the person most affected is the consumer. If the bank wins the case, the consumer loses their award.

The Ombudsman has been very successful in defending these appeals, so the consumer can probably rely on the Ombudsman and his legal team.

But should the consumer appoint their own legal team?
Should the consumer's legal team crossexamine the bank and the Ombudsman in court?

The consumer gets the appeal documentation from the bank as they are a notice party. But are they entitled to see the Ombudsman's defence?

If the consumer does not want to go to the expense of a legal team, can the consumer be a lay litigant and crossexamine the other sides himself?

In many of these cases, the complaint is about the powers of the Ombudsman, so the consumer would have very little to say. But if the bank disputed the facts of the case, the consumer's evidence might be important.
 
Brendan;

My understanding is that the Consumer is the (meat) in the sandwich of a dispute twix Bank and Ombudsman. The case will be argued on the Documentation.Since Consumer is a notice party , they should ensure they get copy of Bank Documentation. They should peruse this minutely and anything they see that looks (wrong) they should advise Ombudsman. Ombudsman will decide what to do.
It is probable that Bank is appealing on a Dry Point of Law ,rather than the actual case.
Since Consumer is only a (witness) in the case ,I can,t see how he can be a lay litigant.
Suggest he offer himself as willing witness to Ombudsman , should that be required.

ps. I am NOT a legal expert,so am open to good legal advice.
Thanks.
 
Time; If he is not a direct party to the dispute ( he is but a 3rd party here). I can only see him getting witness expenses if Bank or Ombudsman call him.

If he goes on his own bat I cannot see why he would get his legal costs.
 
My understanding is the consumers costs would be covered if decisione is upheld.

High Court rarely overturns a decisione they tend to refer it back to Ombudsman for essentially a reexamination
 
You must log in or register to reply here.
Back
Top