There is no such argument. Read the wording of the document you are being asked to sign.
Padraig kissane is not a solicitor, he is a financial advisor.
Well, I would be of the view that people should seek legal advice if they are in any doubt about the import of any form that they are being requested to complete or return and advising people not to do so is unwise.
I actually think that Mr FitzGerald's approach is quite interesting. His strategy appears to be to pursue the overcharged amount as an uncontested contract debt and then request a Court to exercise its discretion to apply interest to that debt.
Would he do as well in an "appeal" to the PTSB appointed appeals board? Possibly, but he may be taking the view that his hand would be strengthened in any possible settlement negotiations by by-passing the internal PTSB process entirely and going straight to the Courts.
He could well be right.
They brought a case and won because they were correct - the monies owed to them should have been paid and any aspect of compensation processed separately.
In a sworn statement grounding the application Mr Fitzgerald a solicitor of Perrin Way, Lusk Village said it was "utterly reprehensible " PTSB has not unequivocally offered to "immediately" and "without question" repay him and his wife the amount they were overcharged.
There is "no legal basis" for refusing to pay the sums overcharged, he said. He said the condition they accept the offer of compensation offered before the can get back the amount overcharged is "a disgraceful requirement."
I would argue that they won in the sense that they established the principle that the monies owed to them and the compensation due to them are two separate processes.
Sorry odyssey. They established nothing of the sort. It was already well established. Have you read the actual forms which I attached to an earlier post?
A: Tick to authorise us to make a redress payment (if any) and a compensation
payment to the account below (this is the account from which payments to your
mortgage are currently made) and to authorise us to apply any adjustment to your
mortgage accounts as part of this redress programme.
It's great to see someone actually reading it.
The linking is that you are signing one piece of paper to authorise all this.
ptsb is absolutely right to do this. They could have opted for 3 separate forms and forced people to fill in all the details again. Why on earth would they do that?
I presume you have noticed that the word "offer" and "accept" are not on this form? I presume you have noticed "in full and final settlement" is not on this form?