Circuit Court Chaos, Judicial Reviews, FSPO Bureaucracy and Why the Fight Continues
Dear Subscribers,
May has again highlighted the growing inconsistency across the Irish legal and regulatory system when ordinary consumers attempt to assert their European consumer protection rights.
While some judges and legal professionals clearly understand the importance of the European Court of Justice (“ECJ”) rulings on Unfair Terms in mortgage contracts, others continue to ignore or avoid engaging with them entirely.
Circuit Court Inconsistency Continues
This month we witnessed dramatically different approaches in Circuit Courts around the country.
Some cases were adjourned after barristers openly admitted they had not even read our Expert Banking Opinion before appearing in court. In other hearings, consumers experienced what can only be described as aggressive and dismissive behaviour when requesting that the Court comply with its obligation to investigate Unfair Terms under EU law.
Most concerningly, we now have two further cases where requests to investigate Unfair Terms were effectively ignored by the Court despite those requests being properly raised before the judge.
As a result, these matters are now progressing into the Judicial Review process, bringing the number of Judicial Reviews connected to Misselling.ie supported cases to three.
Increasingly, it appears that meaningful engagement with Unfair Terms arguments only begins once cases reach the High Court. Our concern remains the same — there appears to be a deep reluctance within the system to allow a substantive precedent on mortgage Unfair Terms to emerge.
The pattern is becoming difficult to ignore:
- when proper scrutiny is requested, cases are adjourned;
- when detailed Opinions are filed, they are often avoided;
- and when consumers persist, procedural obstacles suddenly emerge.
We will continue pressing forward.
Home Visit Pressure Tactics Continue
A number of customers reported receiving letters advising that “home visits” may take place between certain dates.
At the same time, some debt servicers continue offering shopping vouchers or incentives encouraging borrowers to make contact.
While every customer must make their own decisions, many borrowers understandably feel uncomfortable when commercial pressure tactics are used against families already under significant emotional and financial stress.
We have provided Gold customers with template responses addressing these home visit letters and reminding debt servicers that all communications should remain professional, proportionate and compliant with consumer protection obligations.
New Misselling.ie Website Launch
We are pleased to announce the launch of our new Misselling.ie website.
The new platform has been designed to better support:
- borrowers facing repossession proceedings;
- families already subject to Possession Orders;
- customers suffering excessive interest rates;
- and individuals seeking to understand their EU consumer rights.
The updated site also simplifies the process for registering complaints and obtaining support materials.
We will continue improving the platform over the coming months.
FSPO Rejecting Joint Complaints Over Second Signatures
One of the most disappointing developments this month has been the FSPO’s decision to reject significant numbers of complaints where a second digital signature was not obtained on joint mortgage accounts.
We have pushed back strongly against this position.
Our view remains clear:
where one borrower on a joint mortgage wishes to pursue a complaint concerning Unfair Terms affecting the mortgage contract itself, requiring additional procedural hurdles creates a serious barrier to access to justice.
In many distressed households:
- one partner may have disengaged completely;
- relationships may have broken down;
- domestic stress may exist;
- or one borrower may simply refuse to cooperate despite the family home being under threat.
To insist on rigid additional signature formalities in these circumstances is, in our view, contrary to the European Principle of Effectiveness, which requires that national procedures must not make the exercise of EU consumer rights excessively difficult or impossible in practice.
Unfortunately, the FSPO continues to behave as a bureaucracy first and a consumer-focused ADR body second.
For families fighting to save their homes, this lack of empathy has been deeply disappointing.
Claims Numbers Reduced During Website Transition
Claims registrations reduced during May as we deliberately eased back advertising activity pending the launch of the new website platform.
We expect registrations and complaint activity to increase again over the coming months as awareness of consumers’ rights under EU law continues to grow.
“Settlement Talks” That Were Not Settlement Talks
In one particularly disappointing development this month, we attended what we believed were genuine settlement discussions with a legal team acting for a debt servicer.
Instead of meaningful settlement negotiations:
- no room had even been booked for settlement discussions;
- and what followed was effectively a discussion with Senior Counsel rather than any serious attempt to resolve matters.
After we expressed our disappointment at the process, a written “discount” settlement proposal was later offered.
That is not good enough.
Consumers and their representatives are entitled to honest engagement and genuine efforts to resolve disputes where appropriate.
As a result, this matter will now be returning to the High Court and this time with our customer as the plaintiff.
Final Thoughts
Despite the obstacles, one thing is becoming increasingly clear:
Consumers are beginning to understand that they do have rights under European law, and that mortgage contracts can and should be examined for fairness and transparency.
The resistance we continue to encounter only reinforces the importance of this work.
Thank you to everyone continuing to support Misselling.ie and the growing number of ordinary families refusing to simply surrender their homes and rights without scrutiny.
The fight continues.