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Quick Query - senior moment involved


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Now, I'm sure I've read somewhere on here about codes of practice being binding on signees under UTCCR?

 

Is this correct? Does this correspond to all codes of practice or just a set of named codes?

 

 

I'm trying to think of a way that Banking Codes should be enforced rather than use the FOS and wondered if a court order application could be put in for non-conformity to its own codes of practice?

 

S.

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Ok...think I've found the relevant section..

 

Misleading actions

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

 

(3) A commercial practice satisfies the conditions of this paragraph if—

(a) it concerns any marketing of a product (including comparative advertising) which creates

confusion with any products, trade marks, trade names or other distinguishing marks of a

competitor; or

(b) it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—

(i) the trader indicates in a commercial practice that he is bound by that code of conduct, and

(ii) the commitment is firm and capable of being verified and is not aspirational, and it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise, taking account of its factual context and of all its features and circumstances.

 

any thoughts?

 

S.

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Ooo an interesting development, I originally complaint to the BCSB who are responsible for the monitoring and enforcement of Banking code apparently.

 

They fobbed me off with the usual.. use FOS, we dont look at individual complaints.

 

I countered that it was more than likely if it was happening to me to be happening to other accounts, ergo a material breach rather than simple single complaint.

 

Got an email response today that their compliance dept wants to talk to crapital one and asked for my permission and details. As ever that discussion will remain private so I doubt I'll receive anything back but anything that puts a nail in CrapitalOnes coffin is good news as far as I'm concerned :-D

 

.... and this on the day they received my letter quoting CPUTR2008 breach too :-D :-D

 

S.

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