OFT Test Case - Does the SOGA mean that your claim WON'T be stayed?

[car2403]

Here's something I've just noticed after seeing the amount of injustice being applied in local County Court Claims!

 

Martin Lewis, MoneySavingExpert.com, has pointed out to the OFT that;

 

Last week I met with the Office of Fair Trading to discuss Bank Charges and learnt the test case is scheduled for 14 Jan and should take around 10 days. It'll only decide whether 'unfair contractual terms' rules can apply to bank charges; after that OFT must decide if they are unfair. At that point it'll return to the banks who'll either concede or it'll go back to court

 

This is nothing new, but... Looking at the words in bold only here's my question;

 

Would a claim based on s.15 of the Sale of Goods and Supply of Services Act only (the section that states a reasonable price should be paid for the "service" of the Bank in considering your account and charging a fee for it) have to be heard by the Court? They can't stay the claim if it appears that the question being asked is different to the material facts in the OFT test case?

 

I have claims regarding liquidated damages under contract law, and a reasonable price for a service under SOGA - but, would a claim based solely on the reasonable price for a service be heard?

[zootscoot]

but, would a claim based solely on the reasonable price for a service be heard?

 

It may be heard or may be struck out as having no realistic prospect of success. If it does go to a hearing you will lose.