Appealing FSO to high court

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logic001

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Hello,

The FSO has ruled in favour of the bank re a mortgage complaint. Given the historic amounts involved and future amounts expected Ill now need to appeal to the high court.

Its quite a terrifying prospect and extremely costly.
While obviously Ill need to obtain advice from my solicitor I would really appreciate any advice / guidance. The FSO's ruling was flawed and incorrect. Im 100% satisfied that I am correct however still terrified that the high court may not read the situation correctly.

Just wondering ...

My argument to the FSO was slightly incorrect although the result would have been the same.
Will this have a bearing on the high court hearing?
Can new evidence be submitted to the high court or does the high court solely review the correspondence?
Is it a case of me Vs the FSO or is it me Vs the financial institution? Or both?
Is there any correspondence between parties prior to the appeal (via solicitors)
Therefore in review of correspondence is there any chance that FSO may see the error of their logic and reverse their decision or attempt to settle or instead even a new oral hearing?
Or is there no correspondence between parties whatsoever until review at the high court hearing?

Final question - what do you think chances are of making a new complaint to the bank however coming from a different angle and packaging it as a new complaint? Would there be any chance whatsoever of making it to the FSO?

Thank You all for your input. I realise a lot of these questions should be directed at a solicitor however thought it might help others here on the board also.
 
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It really does not matter whether you think you are 100% correct or not. The High Court will only overturn the FSO's decision if it is bizarre. Even if it does uphold your appeal, all it will do is to tell the FSO to hear it again.

Despite the public criticism that the Ombudsman upholds only 7% of complaints, he has great record in the High Court. Very few of his decisions are overturned.

Check out this Key Post
http://www.askaboutmoney.com/threads/appealing-an-ombudsmans-decision-to-the-high-court.171273/

Why not tell us what the complaint is? It may seem unfair to you. But you may get different opinions from the posters on Askaboutmoney.
 
Thanks for your response. I don't think it would be appropriate to post the details up at this juncture. But I do promise to post details up when all issues have ran their course.

Thanks for the further details - The way I see what happened here was unexperienced staff assessed the case within the Bank. And with all substantial correspondence going back n forth the waters muddied to such an effect that the ombudsman didn't fully understand the issue. Will however say that my complaint wasn't based on fairness or opinion. It was very much black n white.

I'm just wondering .... is there any way to get the bank involved prior to the hearing. If I can get experienced staff to view the case prior to the high court Im hoping they will see the error. Or is it a case that there will be no further correspondence until the High Court Hearing.

Thanks again for your input - I will definitely update the boards as other customers will have suffered the same issue
 
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You made a complaint to the bank.

Some appropriate person rejected it.
You asked for a final complaint letter.
Before it was sent a senior person reviewed it and didn't agree with your complaint.
You went to the FSO.
Correspondence ensued so it's likely that someone else senior in the bank looked at it.
The FSO rejected your complaint.

It's extremely unlikely that the High Court would overturn the complaint.

You would need a top quality solicitor and barrister who is interested and who understands your complaint. They are not easy to find.

The FSO uses a very good barrister who is experienced in handling all of their appeals.

I am aware of one case where the FSO found in favour of the customer. The Bank appealed to the High Court. When the FSO's barrister looked at the case, he said that the FSO's decision was indefensible. So they did not contest the appeal. The FSO heard the complaint again from fresh and found against the customer. I suppose that could happen, but you are risking €300k on a 50/1 shot.
 
It sounds extremely difficult I agree. I would understand if there were grey areas and was open to interpretation however I honestly can't see this being the case.

Do you know if its possible for the appeal to involve the bank also in that they need senior input? Can the case be extended to myself Vs FSO & Bank ?

Appreciate that I have not posted details of the case however still believe your comments are invaluable for other readers in the context of appealing FSO rulings.

There is absolutely no logic to either the bank or FSO ruling.
 
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