5 test cases against ptsb before the High Court

Brendan Burgess

Brendan Burgess

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Permanent TSB is being sued by five tracker mortgage customers in test cases over interest rates

The High Court is to hear five test cases from Permanent TSB (PTSB) customers who are each claiming more than €75,000 in compensation for allegedly being placed on the wrong tracker mortgage rate by the bank.
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The High Court is to hear five test cases from Permanent TSB (PTSB) customers who are each claiming more than €75,000 in compensation for allegedly being placed on the wrong tracker mortgage rate by the bank.

Their cases were listed before Ms Justice Siobhán Stack last week and they are the first of more than 60 plaintiffs suing PTSB over alleged incorrect tracker rates.

Most involve customers who have not been covered by the redress scheme overseen by the Central Bank. They are all represented by Lawlor Kiernan solicitors.
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Each of the five cases represents a different section of the 60-plus plaintiffs who have initiated legal action against Permanent TSB.
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The interest rates applied by the bank varied between the European Central Bank ( ECB) rate plus 2.25pc to 3.25pc on top.
 
The article is behind a pay wall. It will be interesting to see what the cases are.
 
My understanding is that these cases relate to the Discounted Tracker issue and the "then current" issue where ptsb has charged a then current tracker rate of between 1.8% and 3.25%.

The Ombudsman has rejected complaints on these issues, so while each case is judged on its merits, it's likely that the Ombudsman will apply the same reasoning in all similar cases. Having said that, Ger Deering made the old decisions, and it's possible that the new Ombudsman may take a different view.

If you have a case on these issues with the Ombudsman, and the Ombudsman dismisses your complaint, you can't really go to the High Court, except in very limited circumstances.

However, if you withdraw your complaint, you can go directly to the High Court and make your case there.

So if you have a case with the Ombudsman, you should get in touch with Lawlor Kiernan Solicitors and discuss your options. As they already have 60 cases, it's unlikely to cost you very much.

I would expect that ptsb will not settle these cases and they will go to a full High Court hearing.

But it's also possible that ptsb will not want to risk losing one of these cases, and will settle. I would assume that any settlement would be extended to all clients of Lawlor Kiernan but not to anyone else in the cohort who has not issued legal proceedings.

Brendan
 
Brendan Burgess said:
My understanding is that these cases relate to the Discounted Tracker issue and the "then current" issue where ptsb has charged a then current tracker rate of between 1.8% and 3.25%.

The Ombudsman has rejected complaints on these issues, so while each case is judged on its merits, it's likely that the Ombudsman will apply the same reasoning in all similar cases. Having said that, Ger Deering made the old decisions, and it's possible that the new Ombudsman may take a different view.

If you have a case on these issues with the Ombudsman, and the Ombudsman dismisses your complaint, you can't really go to the High Court, except in very limited circumstances.

However, if you withdraw your complaint, you can go directly to the High Court and make your case there.

So if you have a case with the Ombudsman, you should get in touch with Lawlor Kiernan Solicitors and discuss your options. As they already have 60 cases, it's unlikely to cost you very much.

I would expect that ptsb will not settle these cases and they will go to a full High Court hearing.

But it's also possible that ptsb will not want to risk losing one of these cases, and will settle. I would assume that any settlement would be extended to all clients of Lawlor Kiernan but not to anyone else in the cohort who has not issued legal proceedings.

Brendan
Click to expand...
Hi Brendan
It sounds very similar to the cases that Padraic Kissane is taking against ptsb.
 
There are thousands of borrowers in these groups. So I would expect a lot of overlap on the issues between Padraic Kissane, Lawlor Kiernan and other solicitors.

Brendan
 
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