GE Money waiting for a court date

[zootscoot]

Reg 5:

 

A term is unfair if:

1. It has not been individually negotiated and (ie a standard form contract)

2. It is contrary to the requirement of good faith and (eg if the terms are misleading or hidden or if the defendant takes advantage of the claimants weak bargaining position)

3. It causes a significant imbalance between the parties rights & obligations to the detriment of the consumer ( eg where the terms are onerous on the consumer without the consumer receiving a benefit)

 

Reg 6

 

The assessment of unfairness will take into account all the circumstances at the time the contract was made, but will not relate to price or subject matter.

 

Reg 8:

 

A term which is found to be unfair will not be binding on a consumer.

 

Sch 2 (1) (e) a term which requires a consumer to pay a disproportionate amount for breaching their contract is indicative of an unfair term.

[Penfold92]

Thanks I am in Court on 29th (I think...) and I needed to know exactly what the regs were I was challenging them on.

 

Penfold

[1970]

I didnt hear a thing from GE or their solicitors until this week. I had not taken any further action either. Anyway, they have written to say I have not made an offer to repay their costs and must do so with 14 days.

 

Hence I have just made an offer of a monthly payment.

 

Anyway, this has stirred the matter up again and I am thinking of going for the correct legal entity this time and starting from scratch. GE are still paying out so here goes...

 

1970

[nevos]

Subbing..about to have a crack at GE for late payment fees etc..Good Luck^

 

As far as I know: it is possible to challenge costs via the Law Society.

[1970]

OK, GE have accepted a payment arrangement for the court fees. I should have the debt clear in 4 months.

 

So my next action is to start again with the correct GE company with a prelim, LBA etc.

 

I am going to address the estopple arguement in my prelim on the basis of error.

 

There is an error on thier part for assuming that the charges are lawful. The error is their interpretation of the law.

 

There is an error on my part for not realsing that they incorrect and as such I should not have paid off the account.

 

How does that sound?

 

1970.