Oireachtas Joint and Select Committees

Thursday, 8 March 2018

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Tracker Mortgages: Mr. Padraic Kissane

9:30 am

Mr. Padraic Kissane:

The ideal solution is to deal directly with the bank and get it resolved there. In respect of the quantitative damage done to somebody who has lost their home, one can visualise the evening the person had to leave it but then to be told a certain number of years later "oops, systems error, we made a mistake and we overcharged you" can destroy some people. It pushes them right back over the edge. Many of these cases are subsequent to PTSB if the banks are not prepared to step up but they would be individual by nature. They are not really something I would classify as a class action or grouping position because they are individual by nature. One must understand the journey of coming to arrears and then serious arrears. The banks will defend some of those positions. I have concerns, if they do go to court, about the six-year timeframe for the statute. The statute is supposed to be set aside but my legal advice is that they could challenge that setting aside in some aspects. In other words, the cause and effects that are being challenged within the banks on the appeal stage at a court case could be challenged if they are outside statute. It is something about which I would have grave concerns if they push that line because we should remember that these lenders have far greater access to legal teams than I have.

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