BCOB Regulations

[FlamingParrot]

Re: BCOB Regulations

Morning all

Seems like a good idea to me. It never ceases to amaze me how the opposition in any Court case - usually County Court, but including other Courts/Hearings (often supposedly well educated members of the legal profession) seem to take great delight in interrupting an LIP....but crying 'foul' when LIPs' do the same! Who says it is a 'level playing field'?

There are some Judges who know what correct procedure and etiquette in Court is - BUT you will hope on the hearing date that the case you have in Court will be blessed with one!

There's this very useful guide to representing yourself as a LIP: http://live.barcouncil.netxtra.net/m...online_use.pdf

[Dougal16T]

Re: BCOB Regulations

The vicar has a damages assessment hearing on 13 June and that wise old owl JudgeFodder is giving him some very useful tips on how to conduct himself in court and keep on-side with the judge.

How's this for sound advice - telling him it's perfectly ok to interrupt the opposing party when speaking?

''Be alert to the other side who will probably try to introduce red herrings - such as still bleating on about the fact that the claim has not been fully argued and that it is not fair etc. Don't be worried about interrupting them gently by truning to the judge and saying "excuse me sir, but the defence ha had their chance, this has already been raised and dismissed in the setaside hearing - they really are trying to go over old ground etc. I am sure that the judge will agree with you and will tell them to move on.''

http://www.consumeractiongroup.co.uk...-Damages/page7

Morning all

Seems like a good idea to me. It never ceases to amaze me how the opposition in any Court case - usually County Court, but including other Courts/Hearings (often supposedly well educated members of the legal profession) seem to take great delight in interrupting an LIP....but crying 'foul' when LIPs' do the same! Who says it is a 'level playing field'?

There are some Judges who know what correct procedure and etiquette in Court is - BUT you will hope on the hearing date that the case you have in Court will be blessed with one!

OK.......I feel better now.....Is it really a 'jungle' out there? Answers on a postcard!

Best wishes to all

Dougal

[jon1965]

Re: BCOB Regulations

From what I have read it is damages to reputation

[leclerc]

Re: BCOB Regulations

The vicar has a damages assessment hearing on 13 June and that wise old owl JudgeFodder is giving him some very useful tips on how to conduct himself in court and keep on-side with the judge.

How's this for sound advice - telling him it's perfectly ok to interrupt the opposing party when speaking?

''Be alert to the other side who will probably try to introduce red herrings - such as still bleating on about the fact that the claim has not been fully argued and that it is not fair etc. Don't be worried about interrupting them gently by truning to the judge and saying "excuse me sir, but the defence ha had their chance, this has already been raised and dismissed in the setaside hearing - they really are trying to go over old ground etc. I am sure that the judge will agree with you and will tell them to move on.''

http://www.consumeractiongroup.co.uk...-Damages/page7

On the thread has he actually stated that he had monetary damages?

[EXC]

Re: BCOB Regulations

The vicar has a damages assessment hearing on 13 June and that wise old owl JudgeFodder is giving him some very useful tips on how to conduct himself in court and keep on-side with the judge.

How's this for sound advice - telling him it's perfectly ok to interrupt the opposing party when speaking?

''Be alert to the other side who will probably try to introduce red herrings - such as still bleating on about the fact that the claim has not been fully argued and that it is not fair etc. Don't be worried about interrupting them gently by truning to the judge and saying "excuse me sir, but the defence ha had their chance, this has already been raised and dismissed in the setaside hearing - they really are trying to go over old ground etc. I am sure that the judge will agree with you and will tell them to move on.''

http://www.consumeractiongroup.co.uk...-Damages/page7

[leclerc]

Re: BCOB Regulations

Sorry to appear an absolute plank but I recall having a look at PSRs not too long ago and they seemed to reach the parts that BCOBs doesn't. Have I been reading too much into their coverage? If not then are they able to be used in an action and although I've had a shufty at parts of CCA (where can I download a copy?) I was wondering whether it is still a goer since I've also seen reference to Consumer Credit Directive

Kennyh, I have responded with regards to PSR's and your specific case and they do not apply for reasons given on that thread.
Can I ask what the difference is between the charges that they are stating that they would refund against the charges against the account that were made?

[EXC]

Re: BCOB Regulations

It looks like some of the PSRs are actionable http://www.legislation.gov.uk/uksi/2...ation/120/made

[EXC]

Re: BCOB Regulations

I'm not sure that PSR is actionable by a private indidvidual.

PSR FAQs http://www.fsa.gov.uk/pages/doing/re...qs/index.shtml

Consumer Credit Act http://www.oft.gov.uk/about-the-oft/...ers/legal/cca/

What PSR and BCOBS don't cover is covered by the CCA.

[kennyh]

Re: BCOB Regulations

Sorry to appear an absolute plank but I recall having a look at PSRs not too long ago and they seemed to reach the parts that BCOBs doesn't. Have I been reading too much into their coverage? If not then are they able to be used in an action and although I've had a shufty at parts of CCA (where can I download a copy?) I was wondering whether it is still a goer since I've also seen reference to Consumer Credit Directive

[leclerc]

Re: BCOB Regulations

This is the concordat between the FSA and the OFT referred to here in relation to BCOBS: http://www.fsa.gov.uk/doing/regulated/banking/bcobs

Here is the concordat: http://www.fsa.gov.uk/pubs/other/oft_fsa.pdf

See the part which relates to the OFT's responsibility. If CAG continue to use BCOB's as a way to take a bank to court then they have no idea what they are talking about.

[leclerc]

Re: BCOB Regulations

Here is a brief outline of section 140 of the CCA:
http://www.oft.gov.uk/about-the-oft/.../#.USRuGqU8CSp

And some cases: most were lost on unfairness but most are for PPI. Where one claimant won, it was appealed and overturned( I should not skim read as one or two case did win)

http://www.oft.gov.uk/about-the-oft/.../#.USRuY6U8CSo

[jon1965]

Re: BCOB Regulations

Maybe it is although it will take a lot of cash as the banks would take it as far as necessary.
Maybe Mr Gander can fund it

[Dougal16T]

Re: BCOB Regulations

The Act is not that specific - it refers to the relationship/acts of the Defendant as being unfair - money or charges are not specified - AND it places the burden of proof on the Defendant. It is not for the Claimant to prove unfairness, it is for the Defendant to prove their actions were not unfair!
Maybe it is time it was really tested......

Best wishes all...
Dougal

[splendid]

Re: BCOB Regulations

Ok thanks

Sorry for posting in wrong place

[EXC]

Re: BCOB Regulations

It's not my area I'm afraid but I suggest you start a new thread with the above post in the legal forum http://www.legalbeagles.info/forums/....php?126-Legal

I'll make sure someone anawers it.