Courts / Wexford / Report
Retired man challenges Ombudsman's refusal to investigate AIB complaint
Summary
The High Court has granted Martin Mahoney, a retired man from Wexford, permission to challenge the Financial Services and Pensions Ombudsman's refusal to investigate his complaint regarding loans allegedly mis-sold by Allied Irish Bank. Mr Mahoney, represented by Gary McCarthy SC, Andrew Walker SC, and Brendan Hennessy BL, contends that the Ombudsman's decision not to investigate his 2021 complaint is unlawful. He alleges that AIB mis-sold him two loans taken out in 2005 and 2008, which he claims were unsuitable and contrary to EU consumer law because they extended beyond his mandatory retirement date. The Ombudsman initially cited an alleged fraud claim as a barrier, which Mr Mahoney subsequently withdrew, before ultimately stating in November that it lacked jurisdiction and the complaint was time-barred. Mr Mahoney argues this refusal is irrational, unreasonable, and inconsistent with previous Ombudsman decisions. Allied Irish Bank PLC is a notice party to the action. Ms Justice Niamh Hyland granted the plaintiff permission to bring the action on an ex-parte basis. The matter was adjourned and will return before the court in April.
Who, what, where, when and why
What: Report matter: Retired man challenges Ombudsman's refusal to investigate AIB complaint. Procedural stage: hearing_or_decision
When:
- March 2023 Other
- 2024-03-11 Publication
Why: He claims that because the loans were due to expire six years after he reached his mandatory retirement date, they were contrary to EU consumer law and an EU directive on unfair terms in consumer contracts. CNI source report
Case subjects
Applicant
Places mentioned
- High Court
- Corish Park
- Wexford
Topics
Fraud Stage Hearing Or Decision
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