RobInDaHood
New Member
- Messages
- 5
Thanks for your feedback Brendan, I was hoping I would get your opinion on this. i have read your posts on numerous occasions in the past and in fairness you call it the way it is even when the person doesn't want to hear what you are saying. Just to put my issue into context, I was not a large developer or reckless investor. I ran three retail shops over ten years and was employing 15 people by the time I had to make the decision to go Bankrupt. Online ordering and a financial crash in 2007 was just the start of my problems. I have tried to get back on my feet but even getting a Bank account proved a hassle never mind trying to get a loan for a sofa or a secondhand car. Three companies continued to report my loans for non payment (loans which were deemed written off by the bankruptcy). With two of them when I advised of the bankruptcy they stopped reporting me and they offer me compensation which the FSPO agreed and was paid (2500+6000).@RobInDaHood
Sorry to hear about that and it's odd that the Ombudsman did not award you compensation.
But, under no circumstances should you consider taking a High Court case.
The High Court defers to the Ombudsman and will only overturn his decision in a case where there is a series of egregious errors. The High Court will often say "We wouldn't have arrived at that conclusion ourselves, but the Ombudsman has a right to be wrong."
In any event, even if the High Court upheld your appeal, what compensation would you expect? For such maladministration where there is no resulting financial loss, you would probably have got around €5,000.
Brendan
I think if a law or the essence of a rule is broken then regardless of your actions you should still be held accountable to the erroneous decisions.
I feel its unfair that the only option I have is the High court ,
Sorry for the rant but from my original conversations with the credit union who completed blanked me to getting a ruling by the FSPO and further an instruction to review and change the reporting of loans that are subject to insolvency or Bankruptcy.
I think if a law or the essence of a rule is broken then regardless of your actions you should still be held accountable to the erroneous decisions.
Hi Horatio I was thinking of doing this before I put up my post. I just felt they would laugh at me, especially how they had treated me at the start and I was privy to some information during DR dispute resolution which I should not have seen, mainly comments about a wider impact to the Credit union and they also said they had another case with the FSPO who complained about a similar matter. This is why i am saying I feel the put all the weight of the credit unions via their legal team etc to defend their position. I agree it is worth a shot nothing ventured etc.I agree that the High Court is simply not worth the risk & cost & your valuable time for a few quids compensation however the CU do not know that you are not of a mind to pursue this in the High Court.
You still have a window to lodge an appeal, again I'd imagine the CU do not have the info to hand on how short the window is. You could for example put an offer of to the Credit Union to voluntarily pay a goodwill of x Euro to avoid the incumberance of being engaged in a High Court process which will consume years & many multiples of the proposed goodwill payment.
If they call your bluff & tell you to take a hike then do so & leave the whole thing behind you - You're coming out smarter from the whole affair - worth say EUR5,000? Almost certainly yes.
If they agree to the goodwill proposal then bully for you.
It's been a long time since I was on this site but I'm very disappointed with your comment that credit union decision makers are "generally extremely arrogant and know best".The Credit Union got the Ombudsman's decision and the timeline for appealing it to the High Court is set out clearly.
They will laugh at anyone threatening to appeal it to the High Court.
And they are spending other people's money so they don't care. They are generally extremely arrogant and know best.
You can make them pay for their sins by highlighting it to the Central Bank. Come to think of it, the Central Bank is also responsible for the Credit Reporting and they will be annoyed that it's not accurate.
You can also ring Joe Duffy or a journalist on the issue.
You can go to the AGM of the Credit Union and raise it there.
Brendan
The CBI will not reinvestigate this when the FSPO has already done so using their statutory powers. I expect all that would happen is the CBI supervisor will just raise the issue informally with the CU and nothing more would happen@RobInDaHood
No need to wait for that. It could take a long time. Disclosure to the Central Bank is perfectly acceptable as they are a regulator.
If you wait you will probably forget about it or your annoyance will mellow.
Brendan
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