Pearse Doherty (Donegal, Sinn Fein)
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I have a question mark over this "ought to have known". In that case that is when the consumer actually knew there was an issue, as opposed to "ought to have known". When is the point that they ought to have known? That is a really grey area where the provider could argue that the buyer signed the document and saw the terms. They may have been grey and not very understandable to a consumer, but the person signed the document and technically ought to have known what he or she was signing. In some cases people probably signed to confirm they understood what was being stated.

I know I am putting Mr. Deering on the spot here. I ask him to give an example and perhaps better still follow up later with the committee outlining hypothetical cases where "ought to have known" would have arisen.