Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


  • How Can BCOB Protect You From Your Bank's Unfair Treatment?

    You can protect yourself from your banks illegal behaviour.
    The BCOB rules are not just some rules of Common Law or some old statute which are conveniently being used to shore up your position against unscrupulous predatory banking practices.
    These regulations are rules which have been carefully considered and put together for the express purpose of making sure that your bank doesn't abuse its dominant position and lack of competition in the market.
    They should be policed by the regulatory authorities - the OFT and the FSA. After all, the OFT's brief is to make markets work well for consumers.
    You should be able to complain to the FSA by email and the FSA ought to be waiting there, hungry to crack the whip as your consumer champion, champing to bring the banks into line.
    In fact none of this should be necessary because the banks should be so scared of breaking the law that they act correctly at all times.
    April fool?
    Probably.

    The truth is that neither the OFT nor the FSA will lift a little finger for you. You'll have to go it alone.
    The fosicon? ... don't make me laugh.

    They've all had over two years since the implementation of BCOB to force a new style of behaviour by the banks and nothing has happened. - So don't bother to hold your breath.

    Luckily, BCOBS provides a private right of civil action and in the UK we have a fantastic county courticon system with marvellous judges who by and large are interested in Justice and are sufficiently real-worldly to have their ear to the ground and to understand very well what is really going on.
    Better than that, the small claimsicon limits are soon to be doubled to £10,000 and already, litigant-in-person costs have been raised to £18 per hour.

    So how do you respond to unfair treatment from your bank?
    Sue them.
    Comments 16 Comments
    1. Kitten1's Avatar
      I was reading this earlier BF and noted the part about charges for unpaid dd and cheques etc. Do these new rules reopen the doorway to reclaiming them or have I misread yt?

    1. BankFodder's Avatar
      I think that reclaiming charges on the basis that they breach Reg 5.1.1 in BCOB is a real possiblity. You would have to convince a court that th charges were unfair.
      This would only apply to charges after 1st Nov 2009

    1. Kitten1's Avatar
      Hmmmm. I remember working out having £1300 approx in charges in a year but can't remember the exact dates off the top of my head. I could argue that that amount of charges in one year is unfair as it equalled more than a 12th of my salary at that point. I mean, it is all supposition at the moment but still!

    1. barry_2008's Avatar
      Bank breaking there own rules again are they. Well spoted folks.

      Dont forget the UTCCRS (unfair terms in consumer contract regulations. Bank contracts are standard terms and we have absouloutly no influence over any of them.

      They may have different accounts but dont they choose the right one for us purhaps they think we are not intelegent enough.

      Remember section 5 of the utccrs. ( http://www.legislation.gov.uk/uksi/1...ulation/5/made )

    1. train manager's Avatar
      Three days ago my i asked my partner to go to our bank as i needed a cheque for a deposit on a weekend break, the amount was £20, when he got home i was furious to find out that they had charged us £10 for supplying the cheque, how can that be fair? i am so annoyed

    1. BankFodder's Avatar
      Quote Originally Posted by train manager View Post
      Three days ago my i asked my partner to go to our bank as i needed a cheque for a deposit on a weekend break, the amount was £20, when he got home i was furious to find out that they had charged us £10 for supplying the cheque, how can that be fair? i am so annoyed
      This is unlawful. It is unfair contrary to BCOBS but it is also contrary to the Payment Services Regulations 2009 which require this kind of thing to be charged out at no more than cost.
      You have a direct right of action for breach of PSR.
      I think that the rule you are looking for is in part 6. The direct right of action is contained in r.120

    1. BankFodder's Avatar
      Quote Originally Posted by ToTheEnd View Post
      I am shortly awaiting news that my house will be repossessed by the Nationwide. I fell into arrears in 2005 after having a heart attack and being off work for eight weeks. I work as an independent driving instructor, when I did start to get back on my feet the market was flooded with driving instructors giving lessons away "Free/Cheap.A market that everyone finds difficult to compete because the price of fuel. Because I was either paying the mortgage late or missing a payment they considered me not sorting out my priority's.If I'd had the cash the mortgage it would have been paid no argument! It didn't help me when they gave me £420 off £4,300 bank charges they had charged me, saying it was a "Good Will " gesture as I was considered to be classed as in financial difficulty. If they would have paid me what they took off me (illegally in my eyes) I would not in the position I now find myself in. The lot of them should be locked up, they are a law unto themselves.
      Please will you start a new thread on this. How much were the charges? MCOBS makes it unlawful to levy mortgage arrears charges at more than their actual cost.

    1. kennyh's Avatar
      Hi Banky,
      Sooo good to feel your prescence again; I've only been keeping in touch lightly since the OFT fiasco ( and praying for positive outcomes as a result of GLC actions) but this BCOBS element breaths new life into possibly combatting a whole range of obnoxious facets of current banking practice.
      Do, what were, the regular elements of interest recompense apply to any recovery actions?
      Also one assumes there is only retrospection to the introductiory date of BCOBS?
      I shall be going after both RBS & Santander and will open a thread accordingly.
      ken

    1. spartathisis's Avatar
      HSBC have responded that 'They know the BCOB and dont need to be told and have fully abided by them', they haven't so looks like County Court then.

    1. jason_mnm's Avatar
      what is BCOB and how they can help..can you send some info please..

    1. ims21's Avatar
      Quote Originally Posted by jason_mnm View Post
      what is BCOB and how they can help..can you send some info please..
      The link is in post #1

    1. jason_mnm's Avatar
      will you guys kindly check my this thread..

      http://www.consumeractiongroup.co.uk...56#post3776856

    1. tnook's Avatar
      Has anyone drafted a Particulars of Claim based around BCOB? I am at the stage of going to County Court with my bank.

    1. nicoletteb2's Avatar
      This is my first post. Does anyone know under what body the HSBC Merchant services fall?

    1. Goodhard's Avatar
      Quote Originally Posted by tnook View Post
      Has anyone drafted a Particulars of Claim based around BCOB? I am at the stage of going to County Court with my bank.
      Did you issue proceeding ? I am thinking of the same

    1. Old Cogger's Avatar
      Quote Originally Posted by nicoletteb2 View Post
      This is my first post. Does anyone know under what body the HSBC Merchant services fall?
      Under one roof think you will find, 8, Canada Square, London. if contact there state on envelope the division or department, has not failed to reach the proper department from there yet, but so many satalite areas they have they have seem to go adrift so stick to that one,.

  • Currently Active CaggersCurrently Active Caggers

    There are currently 2698 visitors online. 39 registered Caggers and 2659 guests

    Most Caggers ever online was 12,772, 19th August 2017 at 13:09.

    1. emmy1979
    2. king12345
    3. Gick
    4. think about it
    5. rennai
    6. dx100uk
    7. Ethel Street
    8. sparkeyrjp
    9. audia7
    10. T25
    11. romanytony
    12. honeybee13
    13. shamrocker
    14. Muskey
    15. Hadituptohere
    16. FTMDave
    17. CrappoMan
    18. iamgnome
    19. renegadeimp
    20. bio
    21. Throwaway
    22. fkofilee
    23. Michael Browne
    24. Raykay
    25. AbbaasK
    26. firstship
    27. brassnecked
    28. Bluerock66
    29. ploddertom
    30. The Carpet Cleaners
    31. Ammar
    32. NeoFuture
    33. SpeedyCBR1100
    34. pauls33
    35. MUTT1
    36. parkingbill2018
    37. daverave5387
    38. ss002d6252
    39. Emmzzi

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details