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Taking an established bank to the circuit court.

  • 13-09-2019 9:17pm
    #1
    KingPuck01
    Registered Users Posts: 42 ✭


    Just wondering has anyone successfully sued a bank over the tracker mortgage robbery over the last 10 years?


Comments

  • #2
    Wheety
    Registered Users Posts: 5,510 ✭✭✭Wheety


    Presumably after going through the bank's own redress process?


  • #3
    KingPuck01
    Registered Users Posts: 42 ✭KingPuck01


    Wheety wrote: »
    Presumably after going through the bank's own redress process?

    Yes after that. After the bank had deemed an account unaffected.


  • #4
    Trish56
    Registered Users Posts: 1,256 ✭✭✭Trish56


    Have you contacted Padraig Kissane who will advise you if you have a case or not.

    KingPuck01 wrote: »
    Yes after that. After the bank had deemed an account unaffected.


  • #5
    banie01
    Registered Users Posts: 16,460 ✭✭✭✭banie01


    KingPuck01 wrote: »
    Yes after that. After the bank had deemed an account unaffected.

    Can you prove otherwise?
    Without being able to prove you suffered a material loss, I fail to see your case progressing very far.

    Assuming you have completed the Bank's internal resolution procedure, and then proceeded to the Financial Ombudsman and they've issued a finding supporting the Bank's stance.
    You will have to ensure that beyond any shadow of a doubt you incurred a loss IMO.


  • #6
    KingPuck01
    Registered Users Posts: 42 ✭KingPuck01


    banie01 wrote: »
    Can you prove otherwise?
    Without being able to prove you suffered a material loss, I fail to see your case progressing very far.

    Assuming you have completed the Bank's internal resolution procedure, and then proceeded to the Financial Ombudsman and they've issued a finding supporting the Bank's stance.
    You will have to ensure that beyond any shadow of a doubt you incurred a loss IMO.

    Oh yes the case is open and shut. Clear and obvious loss incurred. Decided not to go down the ombudsmen route.


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  • #7
    The J Stands for Jay
    Registered Users Posts: 5,650 ✭✭✭The J Stands for Jay


    KingPuck01 wrote: »
    Oh yes the case is open and shut. Clear and obvious loss incurred. Decided not to go down the ombudsmen route.

    If you go to the ombudsman you're limiting you court access. I think you can only go to the high court after the ombudsman.


  • #8
    KingPuck01
    Registered Users Posts: 42 ✭KingPuck01


    McGaggs wrote: »
    If you go to the ombudsman you're limiting you court access. I think you can only go to the high court after the ombudsman.

    Yeah . Just going to the circuit court myself. District court is limited on payouts


  • #9
    Jim2007
    Moderators, Business & Finance Moderators Posts: 9,987 Mod ✭✭✭✭Jim2007


    KingPuck01 wrote: »
    Oh yes the case is open and shut. Clear and obvious loss incurred. Decided not to go down the ombudsmen route.

    If the case was open and shut, the bank's legal eagles would have advised the bank to settle it in some way....

    Did you get the open and shut opinion from a solicitor or what?


  • #10
    KingPuck01
    Registered Users Posts: 42 ✭KingPuck01


    Jim2007 wrote: »
    If the case was open and shut, the bank's legal eagles would have advised the bank to settle it in some way....

    Did you get the open and shut opinion from a solicitor or what?

    I predict they will once the papers are lodged. No solicitor involved yet.


  • #11
    Jim2007
    Moderators, Business & Finance Moderators Posts: 9,987 Mod ✭✭✭✭Jim2007


    KingPuck01 wrote: »
    I predict they will once the papers are lodged. No solicitor involved yet.

    Good luck with that.


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  • #12
    KingPuck01
    Registered Users Posts: 42 ✭KingPuck01


    Jim2007 wrote: »
    Good luck with that.

    Thanks lad. Yeah, feeling good about it. Good enough to go fishing in a stocked lake.


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