Paul Murphy (Dublin South West, Solidarity) | Oireachtas source

Let me give a concrete illustration of this. I suspect and presume there are thousands of people in this cohort. I have emailed the witnesses in respect of this example. The facts, I understand, are not in dispute between the bank and the customer. He took a mortgage out with EBS in 2003 when a tracker mortgage was not available. He went onto a one-year fixed rate in 2004 and came off that on 30 June 2005 but was not offered a tracker interest rate. The final response from EBS, which says he is not entitled to compensation, says there was no contractual obligation on EBS to specifically offer him a tracker interest rate. Reference is made to the fact that there were ads and so on at the time and it is suggested that he should have known himself and should have asked for it.