I wonder to what extent does the quality of the complainant's appeal influence the Ombudsman decision? I've read a few of the decisions and not once have I seen the complainant refer to Article 5 of the EU unfair contract terms directive which states
In the case of contracts where all or certain terms offered to the consumer are in writing, these terms must always be drafted in plain, intelligible language. Where there is doubt about the meaning of a term, the interpretation most favourable to the consumer shall prevail .
So there only has to be doubt ie any ambiguities in the mortgage contract are to be interpreted in favour of consumers. " Variable Home loan rate " , mentioned above, is not a well defined term imo.
Also worth noting that using the term "Variable Home loan rate" to mean " Standard Variable rate" directly contravenes some of the Transparency considerations set out in the Framework document issued to the Banks in 2015
3.6 TRANSPARENCY CONSIDERATIONS
3.6.1 In the course of the Examination, and in the context of the transparency of the documentation provided to customers, the lender is to consider whether there was potential to confuse or mislead customers including, but not limited to:
a particular term pertaining to the loan agreement was given different meanings by the lender at particular points in time or whether certain terms had dual meanings, with the potential to confuse customers;
products or interest rates were given different names with the potential to confuse customers in relation to the nature of the product or rate;
Variable Home loan rate is a different name for Standard variable rate !