Update: Ulster Bank wins Court of Appeal case on Tracker mortgages

Thanks to Padraic for Excellent article and again highlighting the issue and clear Customer injustice by U B.This sad saga has now been ongoing for 15 years for Customers such as I.

Brendan. I don't see anything tough for Ulster Bank ?
 
Banking17 said:
Brendan. I don't see anything tough for Ulster Bank ?
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Ulster Bank won this case previously when Bill Prasifka was the Ombudsman.
They lost it when Ger Deering was the Ombudsman.

Who is to say whose judgement is right?

But the Central Bank rule is that if you lose a case with the Ombudsman you must roll it out to other impacted customers.

The Central Bank approach is right, but it creates problems.

Say Customer A loses with the Ombudsman. The bank is ok.
But Customer B takes the same issue to the High Court and wins, then the bank has to pay out.
Or there is a change of Ombudsman, and Customer C takes a case to her and wins, then the bank has to pay out.

The customers get 3 bites of the cherry.

I don't know what the solution is but the balance is too much in the customers' favour.
 
@Banking17

It's important to look at issues from both sides.

I continuously highlight anti-consumer behaviour such as the very high mortgage rates in Ireland, cash-back, discrimination against existing customers. I have also campaigned on many cases to get trackers back for individuals and groups.

But I am balanced. There is a quirk in the system that needs to be resolved.

Brendan
 
This Appeal due to be heard early next week. Wonder if anybody has update on Court list or plans to attend Court?
 
You'll only get a report from somebody who was physically there. I know that @Brendan Burgess previously attended which is why we got so much information.

Unless it's reported in media later on today/tomorrow, the next point at which information will become available will be the ruling. That can take 2-5 months. Keep an eye out on the Courts.ie judgment pages.
 
Surprised at the absence of any media coverage or discussion of Appeal on this Forum. Apparently around 5,000 customers affected by outcome of this Appeal?
 
If Ulster Bank fail to overturn the Court decision on this occasion I would expert a further appeal to the Supreme Court. This one could run for a while yet in my opinion. What do UB have to lose by exhausting the process, if they win along the way overall cost will be far less than having to pay out redress and compensation.
 
The Don said:
If Ulster Bank fail to overturn the Court decision on this occasion I would expert a further appeal to the Supreme Court. This one could run for a while yet in my opinion. What do UB have to lose by exhausting the process, if they win along the way overall cost will be far less than having to pay out redress and compensation.
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It is unlikely that the Supreme Court will hear an appeal. They previously refused, which is why it was heard in the Court of Appeal.
 
Sorry folks, acronyms are frustrating if you're not familiar with them.

Ulster Bank originally requested to leapfrog the Court of Appeal to the Supreme Court. This leave was refused.

The hearing last week was in the Court of Appeal.

After receiving the judgment (at some point in the future) Ulster Bank may decide to continue to the Supreme Court. However, there are strict criteria to meet the requirements of the court. See below from Courts.ie website. As Ulster Bank have already been refused leapfrog permission their case to continue to the Supreme Court would have to be strong.
The Supreme Court is the court of final appeal in civil and criminal matters. Appeals may only be filed where the Court grants permission under the provisions of Articles 34.5.3 and 34.5.4 of the Constitution. The Court therefore concentrates on cases raising important Constitutional and legal questions that have far reaching consequences for individuals and have systemic implications for the administration of justice as a whole.
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Does anyone know what the current situation is with this? It feels like it’s dragging on for so long! I’m just not sure what the next steps are…
 
SaySomething said:
The next point at which information will become available will be the ruling. That can take 2-5 months. Keep an eye out on the Courts.ie judgment pages.
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The court hearing was in late February, it's only been a month. I understand and appreciate that people are anxious but there is no further update on the judgment pages.
 
I wonder if any indication of typical length for Appeal Court decisions Currently or link to Court Judgement pages?
 
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