Oireachtas Joint and Select Committees

Wednesday, 3 December 2014

Joint Oireachtas Committee on Finance, Public Expenditure and Reform

Business of Joint Committee
General Scheme of Sale of Loan Books to Unregulated Third Parties Bill 2014: Discussion

2:40 pm

Mr. Antoine Mac Donncha:

That is something we are actively exploring right now. I can tell the Deputy where we are aiming at getting and where I think we are going to arrive. Our intention is that a complaint will be made against either the servicer or, in circumstances I will clarify, the owner. If a servicer seeks to dissociate himself or herself from a complaint - if he or she says that the owner, rather than him or her, was involved - the owner will be drawn into the complaint. In such circumstances, it will be possible for an award to be made against the owner rather than the servicer. We anticipate that for practical reasons, this is not likely to happen. In many cases, the owners will be special purpose vehicles that will not have any employees and will not really be in a position to engage in that sort of process. The meat of the interaction will always be with the servicer. If somebody tries to avoid responsibility by saying "it was not me, it was the owner", our intention is that the owner will be brought into a complaint before the Financial Services Ombudsman and an award can be made against him or her in such circumstances.