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Unfair Terms in Mortgages

  • 25-07-2018 3:55pm
    #1
    iamanengine
    Registered Users, Registered Users 2 Posts: 3,891 ✭✭✭


    Hey guys I'm doing some research at the moment and I'm wondering have there been any Irish cases where Courts examined the terms of a mortgage, deemed them to be unfair and found in favour of the lendee?

    I'm aware of AIB v Counihan where Barrett J found Courts must assess whether any term of a contract is within the scope of the EU Unfair Terms Directive and I have found a number of cases where the Court considered whether the terms were unfair but ultimately ruled in favour of the Banks e.g. recent case of PTSB v Fox.

    Are there any cases where the Court found in favour of the argument posed by the lendee?

    I'm no longer in university so I don't have access to any legal databases anymore so I am unsure where to start looking.


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  • #2
    TheChizler
    Registered Users, Registered Users 2 Posts: 9,562 ✭✭✭TheChizler


    I don't have any specifics and am not sure I even have the right bank, but our broker told us that BoI's old term (that you would have to return any cashback you got if you changed bank at some point during the mortgage) was unfair and was no longer allowed. But that's one step up from barstool talk.


  • #3
    Anubis Falling
    Registered Users, Registered Users 2 Posts: 8 ✭Anubis Falling


    iamanengine wrote: »
    Hey guys I'm doing some research at the moment and I'm wondering have there been any Irish cases where Courts examined the terms of a mortgage, deemed them to be unfair and found in favour of the lendee?

    I'm aware of AIB v Counihan where Barrett J found Courts must assess whether any term of a contract is within the scope of the EU Unfair Terms Directive and I have found a number of cases where the Court considered whether the terms were unfair but ultimately ruled in favour of the Banks e.g. recent case of PTSB v Fox.

    Are there any cases where the Court found in favour of the argument posed by the lendee?

    I'm no longer in university so I don't have access to any legal databases anymore so I am unsure where to start looking.

    I was on another thread entitled “EBS Mortgage Conditions may contain Unfair Terms” that was shut down by a moderator for some reason.

    The clause in question was

    “ EBS may, without notice to the Borrower, capitalise any money due by the Borrower to EBS which has fallen into arrears and remains unpaid and in so doing extend the term of the Loan and/or vary the payments.”

    I believe this could be an unfair term,


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