6 year time limit to be amended?

Brendan Burgess

Founder
Messages
44,647
Sinn Féin has a private members bill in the Dáil today to extend the 6 year time limit

3.48 p.m. Private Members Bill:
Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 — Second Stage — Pearse Doherty

It seems that the most significant proposal is to allow complaints to be brought up to 2 years after the consumer became aware of the problem.

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CENTRAL BANK AND FINANCIAL SERVICES AUTHORITY
OF IRELAND (AMENDMENT) BILL 2014
————————
EXPLANATORY MEMORANDUM
————————
Section 1 contains the definitions used throughout the Bill.
Section 2 brings the definition of consumer in line with the version
used in both the Consumer Protection Code and in the Consumer
Credit Act.
Section 3 removes the words ‘‘in an informal manner’’ and
‘‘without regard to technicality and legal form’’. These deletions are
designed to reflect the fact that many complaints involve the alleged
breaches of statutory rules.
Section 4 empowers the Financial Services Ombudsman to
investigate complaints
Section 5 places greater pressure on the financial service provider
to engage in the mediation process. Where the complainant has
agreed to participate in the mediation process the financial services
provider must provide the Financial Services Ombudsman with
convincing reasons for not engaging.
Section 6 allows for a greater range of findings on completion of
an investigation. Currently the possible findings are limited to
substantiated, not substantiated and partially substantiated. The Bill
allows for findings of upheld, substantially upheld, substantially
rejected or rejected.
Section 7 allows for an appeal to be taken to the Circuit Court
rather than the High Court. This would be a full re-hearing and a
period of 60 days should be allowed for this appeal to be lodged.
Section 8 follows from Section 7 replacing the right of appeal to
the High Court with a right of Appeal to the Circuit Court. The
further Right of Appeal to the High Court replaces the further Right
of Appeal to the Supreme Court.
September, 2014.
 

peemac

Registered User
Messages
984
Thought it would have been posted already. Report by Charlie Weston last Thursday said that time limits for financial ombudsman were to be lifted and aligned with the pensions ombudsman.

Might concentrate banks minds on current CB investigation as otherwise a flood of new ombudsman cases will be on the horizon.

He does say that its not known if it'll be retrospective.

http://m.independent.ie/business/ir...ancial-complaints-to-be-changed-35106449.html
 

Brendan Burgess

Founder
Messages
44,647
I haven't been following this much, but I note this issue coming before the Oireachtas Finance Committee on Thursday.

Finance, Public Expenditure and Reform, and Taoiseach (Select) CR2, LH 2000 12.15 p.m.
AGENDA: Statute Law Revision Bill 2016 [Minister of State for Financial Services, eGovernment and Public Procurement]

Update: This has nothing to do with the 6 year time limit. It's about repealing old bills which are no longer needed.

But while I am on the topic - anything happening with the Sinn Féin Bill?

Brendan
 

Gerry Canning

Registered User
Messages
2,505
This canard about (removing) the 6 year limit goes way back.
Governments have (studiously) avoided correcting this until well over 6 years have elapsed from meltdown in 2008.
It means we have (forgotten) or don,t hold info to process claims and /or the companies have since gone away/bust etc.
Glad to see abosulte 6 year removed , suppose better late than never .

I find it telling that Sinn Fein is the party to get sorted what should have been sorted years ago ?.
I find it telling that most consumer/taxpayer issues are raised by the smaller parties eg Nama etc ?
And we wonder why fringe parties are on the rise world wide ?

I really do worry are the Big Parties for the people or against the people ?
 
J

johnny1234

Guest
On the same tropic, I spoke with the Ombudsman's office a couple of weeks ago and the person that I spoke with said they didn't think this would become in to law for ages yet.

Frankly, I do feel that some of the persons in the Ombudsman's office offer a tainted view, especially when questions are put to them concerning certain institutions, where levels of favoritism are sided towards the institution concerned.
 

roker

Registered User
Messages
1,798
I may be out of context here, but the tax man can go back as far as he likes
 

Gerry Canning

Registered User
Messages
2,505
The removal of 6 year rule goes way way back and was recommended years ago by Law Reform Comm.
Normally Comm recommendations are acted upon by Government , but this wasn,t = ??.
It is only NOW with enough time to ensure us plebs forget, and have scrapped old docs, it might be brought in !

The slowness was without doubt, Bank Protection by Central Bank, Ombudsman & Government , they commit the old sin of (omission).
So by doing nothing our (protectors ) have dodged !
Ezample ...On PPI (payment protection insurance) , had we followed UK example the payout in Ireland would have exceeded 2.5 BIllion , I think people were lucky to get the smaller half-billion on mortgage issues.

to REPEAT .........That figure is 2.5 BILLION.......
 
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