Judge dismisses complaint over delays at Financial Services Ombudsman

[Brendan Burgess]

In interesting Irish Times report here

The high number of complaints and a lack of resources has contributed to delays in the [broken link removed] dealing with complaints, a High Court judge has found.


Against that background, Mr Justice Gerard Hogan said he would dismiss David O’Brien’s claim that the delay since October 2012 in deciding his complaint against PTSB Finance was inexcusable.


The office of the [broken link removed] received 8,135 complaints in 2012, and still gets an average of between 500 and 600 new complaints monthly due to the “financial calamities” besetting the State since 2008, he noted, and has just four case officers to investigate them.


In that context, its output, in terms of the quality of decision-making and quantity of complaints decided, was “truly admirable, almost heroic” and the “only wonder” was that delays were not longer.

A bit of an odd case this. The High Court hearing was in July 2013. It seems that the decision of the High Court was in May2014. He probably had the Ombudsman's decision before he got the High Court decision.

 

[Gerry Canning]

I had believed that FSO was set up to avoid protracted legal cases, and give a (quicker) route to sensible decisions without inordinate delay.
I accept that within staff constraints, decision times can be viewed as {truly admirable,almost heroic}

But then I am drawn to FLAC,s observation that Ombudsman appears to be (industry) rather than customer orientated.

I am inescapably drawn to comment ;
Ombudsmans office has ended up as an effective industry tool to stall too many cases by permitting cases be drawn out for far too long.
Mr Average does not have the staying power of Financial Institutions and generally just gives up.

Mr Justice Gerard Hogan may well be correct in his praise of FSO work ,given their staff issues.
I think by so doing he highlights that FSO is therefore NOT fit for purpose.

 

[kaza]

He probably had the Ombudsman's decision before he got the High Court decision.

I would say based on the statement that it was a case against PTSB from 2012, that it is possibly in relation to a problem with tracker mortgages. None of these have been decided on, and will not be for the foreseeable future. I know my case is open since Oct 2011.

 

[GiganticLamb]

I'm sick of waiting around with my case against PTSB in relation to a tracker mortgage.

Would I be better getting a solicitor onto it?

 

[Gerry Canning]

giganticlamb;
Probably not ;
1.Legal system is also slow.
2. If similar tracker issues have been judged by Ombudsman in favour of Consumer you might as well hang on.
3. If you go via Solicitor and lose you will be caught for all costs.

I hear your frustration and from my perch it again shows the system to be loaded against consumers.