BCOB Regulations

[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

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?

[jon1965]

Re: BCOB Regulations

From what I have read it is damages to reputation

[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

[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

[FlamingParrot]

Re: BCOB Regulations

From what I have read it is damages to reputation

Uhmm, now there's a thought...

[leclerc]

Re: BCOB Regulations

I just want to clarify something and I hope that the POC did change on version 2. Cheques are not covered under PSR's and he is quoting the wrong part of BCOBS. He issued the claim form to a PO BOX address as well.

He has referred to the PSR's in his POC yet Schedule 1 part 2 excludes cheques:

"(g)

payment transactions based on any of the following documents drawn on the payment service provider with a view to placing funds at the disposal of the payee—

(i)

paper cheques of any kind, including traveller’s cheques;

(ii)

bankers’ drafts;

(iii)

paper-based vouchers;

(iv)

paper postal orders;"

He has quoted BCOB's 5.1.1 yet I would say that it is 5.1.2 which is guidance only. Santander ****ed this up royally as they could have torn the particulars to shreds.

[leclerc]

Re: BCOB Regulations

I do think though that he will get damages for the cheque amount plus the issue of compensation because that part is very clear and Kpohraror v. Woolwich is very powerful case law from which that happened. There is an FOS verdict as well that would support that issue(he could have gone that route and won as there is a case where the claimant got 5K from the bank for closing the account early).

[leclerc]

Re: BCOB Regulations

To clarify: BCOB regulation 5.1.2 states this: "In determining the order in which to process payment instructions in relation to the retail banking service, a firm must have regard to its obligation to treat banking customers fairly."

Regulation 5.1.1 states this": 1A firm must provide a service in relation to a retail banking service which is prompt, efficient and fair to a banking customer and which has regard to any communications or financial promotion made by the firm to the banking customer from time to time."

If users of CAG refer to 5.1.1 which is regulatory then they will lose because they are referring to financial promotions(unless the complaint relates to financial promotions).
5.1.2 is guidance only.

[EXC]

Re: BCOB Regulations

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

He claimed about £4.5k damages which were awarded as part of the default judgement but has had to pay them back into court pending the damages assessment hearing.

His claim is relying on the FSA's fairness principles (which apply to all COBs) but which are not themselves actionable (as established in the PPI test case) but JudgeFodder seems to think you can argue that the principles are implied contract terms which I doubt is capable of being the case.

[FlamingParrot]

Re: BCOB Regulations

I just want to clarify something and I hope that the POC did change on version 2. Cheques are not covered under PSR's and he is quoting the wrong part of BCOBS. He issued the claim form to a PO BOX address as well.

He has referred to the PSR's in his POC yet Schedule 1 part 2 excludes cheques:

"(g)

payment transactions based on any of the following documents drawn on the payment service provider with a view to placing funds at the disposal of the payee—

(i)

paper cheques of any kind, including traveller’s cheques;

(ii)

bankers’ drafts;

(iii)

paper-based vouchers;

(iv)

paper postal orders;"

He has quoted BCOB's 5.1.1 yet I would say that it is 5.1.2 which is guidance only. Santander ****ed this up royally as they could have torn the particulars to shreds.

It wouldn't be the first time, I know of at least one other case where they also f*d up royally and ended up lumbered with £50k worth of costs against them, exactly a year ago! :bounce::bounce::bounce:

You'd think a large bank like that would have an in-house legal team as well as input from Magic Circle law firms and would be able to spot obvious mistakes like that... :ohwell:

My fave bank is obviously "from Barcelona" :grin:

[EXC]

Re: BCOB Regulations

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

Indeed and what does it say? ''Never interrupt your opponent...''

[leclerc]

Re: BCOB Regulations

Indeed and what does it say? ''Never interrupt your opponent...''

Only interrupt when you have to
When you come to court for the first time, it can be
difficult to know when you are allowed to speak. As a
general rule, try not to interrupt the judge or the other
parties when they are speaking. However, sometimes the
judge will move on to the next part of the Hearing before
you have said something very important. If you think this
is happening, it is acceptable for you to interrupt.
If you think that you need to interrupt, make sure you do
it in the right way. If you are in a court where people stand
to speak, just stand silently. The judge will then ask you
to speak. If you are in a court where everyone remains
seated, address the judge by their title when they come to
the end of their sentence.

Page 24

[Mulldog]

Re: BCOB Regulations

Could someone point me in the right direction please?

Reading through this thread it appears this BCOB could be very pertinent to my own personal circumstances. In fact before tonight I'd never even heard of this. It looks like a guarded secret. I wonder why?

In October 2009 I was forced to become a full time carer and the long of the short of it is that my bank treated me appallingly over a managed loan situation I was in. There was no quarter given, the telephone abuse was dreadful and they forced me into taking a DRO in order for me to gain some eventual relief.

I recently took out a FOS dual complaint against the bank as I thought it was only the FOS who could help me. One was a PPI complaint, the other was a service complaint. I won my PPI claim and had my payments refunded however the service complaint achieved nothing as the FOS simply stipulated my banks position that the managed loan was suitable for me at the time I was in full time employment.

However reading this thread it appears I could challenge my bank for the terrible distress they caused me in 2009/10 when my personal circumstances changed overnight? I've always thought that their fake company collection letters, abusive phone calls and defaming of my character was totally out of order but until now I've not been in a position to challenge them.

How do I start the ball rolling?

Thanks.

[EXC]

Re: BCOB Regulations

Hi Mulldog

BCOBs applies to the deposit taking activities of banks and so I don't think that it has any application to you circumstances.

When you complained to FOS was that about the suitability of the managed loan or the subsequent distress caused?