amended defence by rbos
Just received their amended defence asking the court to to direct that there be a case management conference in order for the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise his claim.
They admit I hold an account with them, thats awfully good of them.
No admissions are made as to what charges have been debited to the account.
They are asking that I am required to identify the sections of the unfair contract terms act 1977 and the regulations of the unfair contract terms in comsumer regulations1999 and the principals of common law relied upon by me in alleging that it is unenforecable.
It is claimed that it is invalid section 4 ucta 1977 that it does not relate to a breach of contract or negligence.
Schedule 2 to the regulations is an indicative and non exhaustive list of terms which may be regarded as unfair.
It is the case of the defendant that the regulations have no application because the charges amount to payment for services provided by the defendant and the adaquacy of consideration paid under a contract for services is not an issue to be judged by reference to principles under the regulations.
Ye right, I watched the same programme as they did and a barrister stated that in no way could it be construed as a service charge.
Anyone got any ideas.
cheers
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