Written answers
Thursday, 27 February 2014
Department of Finance
Financial Services Ombudsman Issues
Michael McGrath (Cork South Central, Fianna Fail)
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70. To ask the Minister for Finance his plans to amend the rule which prevents consumers making a complaint to the Financial Services Ombudsman if more than six years has passed from the date of the purchase; and if he will make a statement on the matter. [10232/14]
Michael Noonan (Limerick City, Fine Gael)
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Under the Central Bank Act 1942, as amended, a consumer is not entitled to make a complaint to the Financial Services Ombudsman if the conduct complained of occurred more than six years before the complaint is made.
A complaint to the Pensions Ombudsman may be made within three years of the complainant first becoming aware of the act giving rise to the complaint, even if this is longer than six years.
Whether both windows of complaint should be similar when both offices are amalgamated, in line with the Government decision, is a policy matter which will be decided when the legislation is being developed. Providing the necessary protection to the consumer over the longer term is of paramount importance. Therefore, the design of the appropriate mechanisms to achieve this is complex, as it involves a range of considerations, including the interface with the Statute of Limitations, existing consumer protection laws, complaints mechanisms and availability of records.
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