Defaulted whilst reclaiming bank charges

Southernsofty_2

Hi have case being examined by F.O.S but does anyone know if the Banking code of conduct and lending codes are covered by the following legislation Consumer protection for unfair trading regulations 2008 Clause I`m interested in is Page 36 which reads:

Failing to honour commitments made in a code
of conduct

7.11 The third category of commercial practices prohibited as misleading actions is that where:


• the trader has undertaken to be bound by a code of

conduct (or code of practice), and indicates that he
is bound by it in the commercial practice,

and

• the trader fails to comply with a firm and verifiable
commitment in that code,

and

• the average consumer takes, or is likely to take,
a different decision as a result

The act makes reference to the CCA at the end. Guessing that if it was applicable someone would have succesfully used it in court by now but thought it worth asking.

natweststaffmember

I have to say, I have no idea what I am looking for since I don't know what the circumstances are.

Southernsofty_2

Hi NWSM sorry post was a bit opaque, my bank referenced my disputed overdraft as defaulted, I`m wondering if clause 13.6 of Banking code and the Lending code are subject to clause 7.11 on page 36 of the Consumer protection for unfair trading regulations 2008.

This seems to imply that it is unlawfull to not comply with an industry code of conduct that an organisation is a signatory to. I understand that overdrafts are not subject to the CCA so thought there might be outside chance they`d be covered under this

Sorry am currently barred from posting hyperlinks but the act is online at OFTs website.

Cheers