Dáil Éireann Debate, Tuesday - 28 February 2017
184. Deputy Jackie Cahill asked the Minister for Finance the regulations under which a bank regulated for lending by the Central Bank can refuse to provide a mortgage to a person for the sole reason that the person's parent has a right of residence at the home upon which the mortgage is sought; and if he will make a statement on the matter. [9820/17]
Amharc ar fhreagraThere are certain consumer protection requirements on regulated entities when considering an application for residential mortgage credit. For instance, the European Union (Consumer Mortgage Credit Agreements) Regulations 2016 require creditors to assess the creditworthiness of the consumer before concluding a credit agreement (Regulations 19 and 21). In addition, the Central Bank's Consumer Protection Code 2012 requires regulated entities to carry out affordability and suitability assessment, prior to offering, recommending, arranging or providing a credit product to a personal consumer.
Within the parameters of this consumer protection regulatory framework, however, it remains a commercial decision for a regulated entity to grant or refuse an individual application for mortgage credit in the context of adopting an appropriately prudent overall approach to credit provision.
However, if a consumer (including a potential consumer) is concerned or unhappy with how they have been dealt with by a firm regulated by the Central Bank, there are clear processes in place in the Consumer Protection Code 2012 for handling complaints and complaints resolution. In addition, where a consumer is not happy with the response received from the regulated firm he/she can, provided the conduct complained of occurred within the last six years, escalate his/her complaint to the Financial Services Ombudsman (FSO). The FSO has the statutory powers to investigate complaints against financial services providers.
