Maybe I'm missing something
What are the advantages & disadvantages of going the adjudication route versus going directly to the High Court?
The Ombudsman is constrained by law in what they can say.
I can tell you that in reality, there is no point in going to the High Court after the Ombudsman makes his decision.
Ulster Bank does not go back to mediation.....
The Ombudsman system, despite its faults, is a huge step forward for customers.
Thanks BrendanYes, you are.
If the Ombudsman hands down a decision, you can go to the High Court on very limited grounds. The High Court will not second guess the Ombudsman's decision on a point of fact or opinion. There would have to be a huge legal error or a series of very big judgemental errors for the High Court to quash the Ombudsman's decision.
If you go directly to the High Court, the case is heard from the beginning and you would just have to prove your facts on the balance of probabilities.
Brendan
Regarding the decision itself, my feeling was that the Ombudsman had decided the outcome and then quoted parts of my submission and parts of the banks submission to support his decision.
if I was a reading the decision in full as a stranger (i.e. as an independent person without knowledge of my case), that I'd have believed (this is me reading it as a stranger) that the complainant (this is me the person who brought the case) was chancing his arm. This is because of the way the decision was written.
With respect, this is just your opinion. I specifically said that it was my feeling/opinion. I also specifically acknowledged that my views may be in the minority. I remain convinced of the accuracy of my opinion.This is just plainly wrong.
Again, with respect, this is exactly the type of comment that I found in the Ombudsman's decision. The truth is that you can't possibly know if I had mediation or not as I never mentioned mediation in my post. Yet you make a blanket statement which may or may not be true. Why do that? [As it happens, the bank refused mediation so I didn't have mediation.]You had mediation.
Again, with respect, this is exactly the type of comment that I found in the Ombudsman's decision.
my solicitor has made some similar comments to me about the Ombudsman's decisions.
The legal profession does not like bodies like the Injuries Board and the Ombudsman as it cuts them out.
My solicitor is a lifelong friend and I greatly value his opinion.
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