Seems to me that the judgement agrees that the initial charge is enforceable but the increased charge for not paying within 2 weeks is penal and may be unenforceable. Therefore ignoring and letting them pursue you for the penal charge may be best argued in court

I am considering vt ing the mazda 6 2.5 years into a 5 year agreement. I have made half the payments. Car is in negative equity

1 they say they will ask me to take the car to an auction house - what is northridge like ln inspections. There is a small dent left over from a bigger dent repair to the wheelarch and a couple of chips to the windscreen on the pax side

2 i have lost one key, they need two. Do i splash 280 quid on a new remote fob or buy a cheaper one off a car key person online?

3 there is a fag burn on the back seat, any idea on cost?

4 can they charge me for high mileage? Done 95k in 2.5 years. Car was a year old when i got it

5 can i negotiate the settlement fig? I recon gross at auction they may get 4k and. I could offer 5k. 7400 is outstanding

6 northridge dont seem bothered about service history - is this normal?

would this be counted as unfair treatment.

Lloyds back in 1999 and 2000 when you used to go over your limit used to send your account to collections where it would take 2 weeks to reach them. During that period the branch was unable to help and as collections hadnt received the account, they were unable to help either. for those 2 weeks, nobody was in control.

During that period i would get paid, go back to normal on the account and the account would automatically start the two week trip back to branch whereby i would go OD again and start the process.

I would say that was unfair?

I am currently taking a large company to the small claims court citing a 'loss of bargain'. Of course, I am not here to discuss the technicalities of it, but there is various legislation which formed my particulars of claim.

Ona certain website forum, I joined in a debate on whether or not this was a go'er at the bargain price.

I have received a copy of the defence that the large company intends to rely on and it cites that I do a spot of radio work giving professional advice (not relevant) but the defence is based on my postings on another forum. The defence goes to great lengths to print off the forum pages.

After reading the forum T&C's I understand it is a breach of copyright on their part for copying my work and the forum. It quote clearly states that permission must be granted.

I have written to the Judge in advance of the case in 2 weeks time highlighting the fact the defence does not really relate to the legislative argument, is mud slining and most of all in breach of copyright. How do you think the judge will view the defence? I have asked him to consider asking the defendent to show evidence of the permissions obtained or strike out the defence.

also renault replaced the MAP sensor (for the third time) and insisted the problem was solved. I spoke to Barry and said this wont cure the problem and after another road test i got a call to say they will replace the wiring loom and the brain. incidentially the brain was at fault as it stalled when the wiring loom was replaced. not bad result on a 2001 clio.

Hello

complain to Barry Williams, customer services manager at HQ. mention that he dealt with a similar case recently where he sanctioned a repair at their cost.

I guarantee this will deal with the stalling issue,

the judge made a point, if he let me persue it and i won and the oft lost, the bank could come after me. it was an intruging afternoon and well worth it. the barrister from lloyds was talking to me about other cases and giving me some pointers. he was so far removed from SC&M (THEY APPOINTED HIM) that i couldnt dislike him.

Sorry to hear that, but I understand your relief in being over for the time being. When was it stayed to, and did you get compensation for the day ??

no costs awarded i did ask. I think i was high on kal ms at the time. The guy before me got the judge to ask lloyd to show how costs are made up. think he will get a check soon. I liked the lloyd s barrister and enjoyed getting him to confirm that he was there to get a stay and not defend

stayed, he made his mind up before we got in, directions from above. lloyds guy was nice enough, sensing i was a man of many words judge saw my case at the end and we spent over an hour on it. he even got his law books out bless.

disappointed not gutted, glad its over to be honest

only 2 hours to go, i am listed with 10 other cases!

sorry nicsussex but tomorrow is my deadline for the court and i need to reach the masses quickly!!

if anyone wishes to have a look at my argument, please pm. i need an critique!

my court wrote today to say that the defendant may not want to file anything and anything filed on the day will be considered by the judge for submission

well you may recall i wrote to the court stating SC&M failed to file anything - received a letter from courts back office stating they may not wish to file anything anyway and if they want to present something at court the judge will consider it.

the court might as well give the banks what they want, i am becoming very disheartened with the system

well done Dingle! Its a shame that Reading is a bit too near to Brighton as they will evidently turn up tomorrow

can someone help, i cant remember where they are either.

If you read the line where it says they will send some, they also mention that will do all they can to assist the court. i will ask whether this applies to filing documents into the court and accepting the initial judges decision to let the case proceed.

have a look at one of the most recent threads, its on there i think.

yep print off the recent oft press release

OFT files details of case against unauthorised overdraft charges

126/07 31 August 2007

The OFT has today filed particulars of claim at the High Court on the application of the law in respect of unauthorised overdraft charges, and these documents will be available on the OFT website next week after they have been served on the other parties. The documents relate to the question of whether the fairness test in the Unfair Terms in Consumer Contract Regulations (UTCCRs) applies to the relevant charges.

The OFT is continuing its financial investigation to determine whether or not unauthorised overdraft charges are fair, based on its view that the fairness test does apply to them. This investigation is due to be completed by the end of the year.

The banks take the view that the charges are not covered by the fairness test in the UTCCRs and the court case at the beginning of 2008 is designed to test this point of law. It will not lead to a judgment as to whether the charges themselves are fair or not. The OFT will decide after the initial judgment what steps to take should it win the test case and conclude from its financial investigation that any of the charges are unfair. The OFT will publish its market study on the current account market in December 2007.

some posts are stating rh circuit judges are staying cases where claimants arrive at court to be told their case has been stayed. i ahve checked the courts covered by the thames valley and the majority are reviewing ona case by case bases so fingers crossed

thats Gizmo and caro for spoting the "hunt the beckett thread".

I hope my cat goes into hiding because if my claim is stayed on Friday then i may have to kick something.

also on another forum someone said i could get the stay request defended by the following:

As I understand the OFT case it is on the principle of whether the UTCCR applies and in particular whether the requirement of fairness applies to bank charges. Accordingly, the length of the period you are claiming for is immaterial for the purposes of the test case. However, and this argument has not as far as I know been deployed yet, as it is only dealing with the question of whether the UTCCR applies and does not deal with the question of whether the actual charge is fair or if it is a penalty it does not deal with all the issues but only deals with one of the issues. It therefore can be argued that a stay should not be granted as regardless of the answer to the question in the OFT case a trial would still be needed to answer the factual question of whether the charge is a penalty and if it is fair neither of these questions are directly in question in the OFT case.

fax them a letter using a similar lines to what I have said on the beckett v lloyds thread. if you dont have a fax, you may be able to email them. i set up a free trial fax account with my fax because i felt better knowing i had put my case across.

gizmo, i have sent you my skelton arguments if you have 10 mins to have a look. i feel a confident now i am armed

i dont see that you will get a hearing anytime soon

Just thinking about Friday, if the bank has been told they cannot have stay and they have written again, is there an actual due process they must follow, i.e, lodge a formal application to overturn his decision. just thinking that sitting there on friday, it may be good for me to have a legal clause to state that no cheque and form means no stay and turning up for a third time wont wash,.