Hello Bob Did you use the current account, what are the charges actually for ?

Thats it for me on this one, I honestly can't see how it can be read or interpreted in any other way Sorry

1 The shareholder (the complainant) is not 2 The shareholder (the complainant) is not and was not 3 The shareholder (the complainant) is not 4 The shareholder (the complainant) is not 5 The shareholder (the complainant) is not 6 The shareholder (the complainant) is not 7 The shareholder (the complainant) did not 8 The shareholder (the complainant) is not 9 The shareholder (the complainant) is not 10 The shareholder (the complainant) did not 11 The shareholder (the complainant) is not 12 The shareholder (the complainant) is not 13 The shareholder (the complainant) is not 14 The shareholder (the complainant) is not and was not As the shareholder (the complainant) did not have any of the relationships detailed within 2.7.6 it is not an eligible complainant.

The complainant is the shareholder as it is the shareholder making the complaint. Therefore in relation to 2.7.6, the word complainant can be rightly substitued for the term shareholder (1) the shareholder is (or was) a customer or payment service user, of the respondent; (2) the shareholder is (or was) a potential customer or payment service user, of the respondent; (3) the shareholder is the holder, or the beneficial owner, of units in a collective investment scheme and the respondent is the operator or depositary of the scheme; (4) the shareholder is a beneficiary of, or has a beneficial interest in, a personal pension scheme or stakeholder pension scheme; (5) the shareholder is a person for whose benefit a contract of insurance was taken out or was intended to be taken out with or through the respondent; (6) the shareholder is a person on whom the legal right to benefit from a claim against the respondent under a contract of insurance has been devolved by contract, assignment, subrogation or legislation (save the European Community (Rights against Insurers) Regulations 2002); (7) the shareholder relied in the course of his business on a cheque guarantee card issued by the respondent; (8 )the shareholder is the true owner or the person entitled to immediate possession of a cheque or other bill of exchange, or of the funds it represents, collected by the respondent for someone else's account; (9) the shareholder is the recipient of a banker's reference given by the respondent; (10) the shareholder gave the respondent a guarantee or security for: (a) a mortgage; (b) a loan; © an actual or prospective regulated consumer credit agreement; (d) an actual or prospective regulated consumer hire agreement; or (e) any linked transaction as defined in the Consumer Credit Act 1974 (as amended); (11) the shareholder is a person about whom information relevant to his financial standing is or was held by the respondent in operating a credit reference agency as defined by section 145(8 )of the Consumer Credit Act 1974 (as amended); (12) the shareholder is a person : (a) from whom the respondent has sought to recover payment under a regulated consumer credit agreement or regulated consumer hire agreement in carrying on debt-collecting as defined by section 145(7) of the Consumer Credit Act (1974) (as amended); or (b) in relation to whom the respondent has sought to perform duties, or exercise or enforce rights, on behalf of the creditor or owner, under a regulated consumer credit agreement or regulated consumer hire agreement in carrying on debt administration as defined by section 145(7A) of the Consumer Credit Act (1974) (as amended); (13) the shareholder is a beneficiary under a trust or estate of which the respondent is trustee or personal representative; (14) (where the respondent is a dormant account fund operator) the shareholder is (or was) a customer of a bank or building society which transferred any balance from a dormant account to the respondent.

The word complainant is not used to include all eligible complainants definded in 2.7.3. I have read it a few times today and I can't see where that is implied directly or in directly. I say this because 2.7.6 states: "To be an eligible complainant a person must also have a complaint which arises from matters relevant to one or more of the following relationships with the respondent" A complainant is simply someone with a complaint. Someone that is not a consumer or a micro-enterprse can be a complainant, but would be a non eligible complainant as a result of 2.7.3. It is a two stage test. 2b defines a consumer and not a complainant. None of the 14 relationships apply to the shareholder.

Each point within 2.7.6 specifically states complainant and not consumer. The complainant is the entity making the complaint

2.7.6 relates to the relationship between the shareholder as the complainant and the bank, it does not by the meaning given to consumer relate to the relationship between the limited company and the bank as the limited company is not the complainant.

This is from the FSA Handbook http://fsahandbook.info/FSA/glossary-html/handbook/Glossary/C?definition=G197 complaint (1) (in COAF) any expression of dissatisfaction about the manner in which the FSA has carried out its statutory functions other than its legislative functions. (2) (in DISP, except DISP 1.1 and the complaints handling rules and the complaints record rule in relation to MiFID business) any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person about the provision of, or failure to provide, a financial service, which: (a) alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience; and (b) relates to an activity of that respondent, or of any other respondent with whom that respondent has some connection in marketing or providing financial services or products, which comes under the jurisdiction of the Financial Ombudsman Service. (3) (in DISP 1.1 and the complaints handling rules and the complaints record rule only in relation to MiFID business) any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person about the provision of, or failure to provide, a financial service, which alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience. (4) (in DISP) reference to a complaint includes: (a) under all jurisdictions, part of a complaint; and (b) under the Compulsory Jurisdiction, all or part of a relevant complaint.

DISP 2.7.6 "To be an eligible complainant a person must also have a complaint which arises from matters relevant to one or more of the following relationships with the respondent" For the shareholder to be an eligible complainant it must also have a complaint which arises from matters relevant to one or more of the following relationships with the bank. The shareholder must have (or had) a relationship with the bank and the complaint must arise from a matter relevant to that relationship. As you have confirmed, the shareholder (the complainant) does not have any of these relationships with the bank. This must mean that a complaint cannot arise from a relationship that did not exsist. It does look that straight forward

Is the shareholder any of the above ?

A complainant that has a complaint which arises from matters relevant to one or more of the 14 relationships

The shareholder is the complainant (the enitity making the complaint). So with regard to the use of the word complainant in 2.7.6, we can substitue it for the term shareholder. So to be an eligible complainant one of the following 14 statements must be true. If it isn't the shareholder is not an eligible complainant. But nevertheless is still a complainant. (1) the shareholder is (or was) a customer or payment service user, of the respondent; (2) the shareholder is (or was) a potential customer or payment service user, of the respondent; (3) the shareholder is the holder, or the beneficial owner, of units in a collective investment scheme and the respondent is the operator or depositary of the scheme; (4) the shareholder is a beneficiary of, or has a beneficial interest in, a personal pension scheme or stakeholder pension scheme; (5) the shareholder is a person for whose benefit a contract of insurance was taken out or was intended to be taken out with or through the respondent; (6) the shareholder is a person on whom the legal right to benefit from a claim against the respondent under a contract of insurance has been devolved by contract, assignment, subrogation or legislation (save the European Community (Rights against Insurers) Regulations 2002); (7) the shareholder relied in the course of his business on a cheque guarantee card issued by the respondent; (8 )the shareholder is the true owner or the person entitled to immediate possession of a cheque or other bill of exchange, or of the funds it represents, collected by the respondent for someone else's account; (9) the shareholder is the recipient of a banker's reference given by the respondent; (10) the shareholder gave the respondent a guarantee or security for: (a) a mortgage; (b) a loan; © an actual or prospective regulated consumer credit agreement; (d) an actual or prospective regulated consumer hire agreement; or (e) any linked transaction as defined in the Consumer Credit Act 1974 (as amended); (11) the shareholder is a person about whom information relevant to his financial standing is or was held by the respondent in operating a credit reference agency as defined by section 145(8 )of the Consumer Credit Act 1974 (as amended); (12) the shareholder is a person : (a) from whom the respondent has sought to recover payment under a regulated consumer credit agreement or regulated consumer hire agreement in carrying on debt-collecting as defined by section 145(7) of the Consumer Credit Act (1974) (as amended); or (b) in relation to whom the respondent has sought to perform duties, or exercise or enforce rights, on behalf of the creditor or owner, under a regulated consumer credit agreement or regulated consumer hire agreement in carrying on debt administration as defined by section 145(7A) of the Consumer Credit Act (1974) (as amended); (13) the shareholder is a beneficiary under a trust or estate of which the respondent is trustee or personal representative; (14) (where the respondent is a dormant account fund operator) the shareholder is (or was) a customer of a bank or building society which transferred any balance from a dormant account to the respondent.

How can the complaint arise from a relationship that does not exisit Therefore the shareholder does not meet the criteria of 2.7.6, "To be an eligible complainant a person must also have a complaint which arises from matters relevant to one or more of the following relationships with the respondent"

I don't think there is anyway of escaping or overcoming the requirements of 2.7.6