BCOB Regulations

[Dougal16T]

Re: BCOB Regulations

Good morning
I would venture to suggest an action under Section 140 of the CCA may be more useful. It will be up to the Bank to prove to the Court that it has not broken the Law - NOT for you to prove that they have!

You will say that their actions are unfair and they will have to prove that they are not !

Best wishes all - I suggest a read of the Act, it is very interesting and apparently not used a
great deal

Dougal

[EXC]

Re: BCOB Regulations

Good morning
I would venture to suggest an action under Section 140 of the CCA may be more useful. It will be up to the Bank to prove to the Court that it has not broken the Law - NOT for you to prove that they have!

You will say that their actions are unfair and they will have to prove that they are not !

Best wishes all - I suggest a read of the Act, it is very interesting and apparently not used a
great deal

Dougal

Hey Dougal.

I'm not a fan of 140 of CCA in respect of bank charges as there has always been a question mark over the applicability of the CCA to overdraft charges.

An additional problem is that since the Supreme Court held that the charges were in exchange for the package of banking services provided, it would be difficult to link the charges to the provision of credit and therefore the CCA itself.

[Dougal16T]

Re: BCOB Regulations

Hi Exec and all,
My reading/Interpretation of the Act is that it is not the actual charges that are in question, it is the manner/style/behaviour of the Bank and its employees that is unfair in their action in applying these charges. Not the charges themselves!
If I am wrong then I apogise.
bestwishes all
Dougal

[EXC]

Re: BCOB Regulations

I know what you're saying but if the charges themselves are not covered by the CCA then it's difficult to see how the manner/style/behaviour in applying them is.

Sorry to sound pessimistic.

[splendid]

Re: BCOB Regulations

Very interesting information,thanks for the above posts even though I need to understand some areas a bit more.

I feel I have a very serious situation with GE at present and trying to find a suitable body to complain.

I have been totally ignored have sent numerous leters and documents proving i have my house up for sale, applied and been accepted for the mortgage rescue scheme.

All documents and letters were sent recorded

They took me to court 13th August for possesion of my home Judge didnt want to listen to anything I said
I felt extremely nervous and left a document for him to read which listed all failuars to comply by GE.

Before going into court the GE legal rep handed me a form of which detailed that they had followed the pre-action protocol it also stated that i was not involved with a mortgage rescue of which I was. The legal rep actually said MRS doesnt apply to a second mortgage.

The Judge ordered I had 42 days to get out of my home - I am still in my home as I guess they are now realising they did not follow the pre-action protocol.- As soon as I returned home from the court I read the pre-action protocol and they should have never taken me to court.

I have tried to correspond with this company but all mail is ignored.
I receive phone calls from them asking me to make an arrangment for payment but they have refused my offer of £50 per month which I have been paying via standing order as a goodwill gesture. I have explained that they have not anwered to any of my correspondence -THAY SAY THEY HAVE NEVER HAD ANY FROM ME. I cannot believe they are treating me like this and feel they are doing it on purpose to distress me as that is how they are making me feel. I have now explained that I will only deal with them in writing but they still carry on calling but I do not answer my home phone any longer because of this company.

I have now sent them a SAR but I guess they wont sent me all the info I require even though I have itemised all that I expect (curtesy to the template on this site)

I have decided I am not going to let them destroy my life any longer and am going to take action by the way of unfair treatment, breach of contract and irresposible lending - The above complaints are by far not exhausted with this company, there are far too many to list.

I originally took out the secured loan in 2008 for a business venture from the US of which I was totally ripped off for £22,000. Completely my fault for being so stupid.

I was just wondering if by sending the SAR it would stop any further action with GE whilst I get a document together of the unfair treatment and distress I have experienced from this company?

Would anyone have advice on where to send this document when finished? I thought the FO and GE ?

Sorry for the long post - any thoughts would be much appreciated

Thank you for reading!

[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.

[splendid]

Re: BCOB Regulations

Ok thanks

Sorry for posting in wrong place

[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

[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

[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

[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.

[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

[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.

[EXC]

Re: BCOB Regulations

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

[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?