Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

I do not accept the ombudsman's position. I find it quite surprising. I have worked with that office and I have introduced and passed legislation that impacts on that office. I am referring to a situation where a consumer has taken a complaint to the ombudsman. The complaint concerns payment protection insurance, PPI, and completely different from what was before the courts. What was before the courts was also struck out. It was not adjudicated upon. In response to the complainant, the ombudsman stated that although it noted the proceedings were struck out, nevertheless it took the position that the matter had been subject to legal proceedings. The PPI issue was not subject to legal proceedings and was not part of that case. An issue concerning this individual's mortgage was before the court, and because of that it was deemed, under these sections of the Act, that the PPI issue was before the courts. That was the case even though PPI issue was never adjudicated upon. It was simply struck out. It is unacceptable that where the courts have not ruled on the substance of an issue, the Financial Services and Pensions Ombudsman is locked out from engaging with the complainant.

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