Just to let you know that I got the above case notes from the Law Society gazette. The link is below. It was given to me by a solicitor in the law centre, when I asked him for a copy of the article which he had on the desk, but his copier broke down that day! The link may be useful for other articles too. www.lawgazette.co.uk

Has anyone else used this Mooneerams Solicitors (Cardiff)? Shockingly bad. I had a claim with them, and they were so abusive that I ended up taking my claim from them (with difficulty) and used my own insurers' panel solicitors (which I should have done in the first place!) I would then not have had all the delay that I had with Mooneerams. I also found out that the person dealing with me was not a qualified solicitor? Is this allowed? Especially when they are saying that they are specialist solicitors in Personal Injury/claims with insurance?

From Law Society Gazette Bank charges are deemed Unfair contract terms Consumer law Thursday 12 March 2009 Bank charges – EC law – Fairness – Unfair contract terms Abbey National Plc & seven ors v Office of Fair Trading: CA (Civ Div) (Sir Anthony Clarke, Master of the Rolls, Lords Justice Waller (vice-president), Lloyd): 26 February 2009 The appellant banks appealed against a decision ([2008] EWHC 875 (Comm), (2008) 2 All ER (Comm) 625) that the respondent Office of Fair Trading was entitled to assess the fairness of certain bank charges. The charges comprised unpaid item charges, paid item charges, overdraft excess charges and guaranteed paid item charges (the relevant charges). The charges were made when the banks were requested or instructed by customers with current accounts to make a payment for which the customer did not have the necessary funds and which was not covered by a facility arranged with the customer. The issue was whether an assessment of the fairness of the relevant charges related to ‘the adequacy of the price or remuneration, as against the goods or services supplied in exchange’ within regulation 6(2)(b) of the Unfair Terms in Consumer Contracts Regulations 1999, in which case such an assessment would be precluded. Held: It was common ground that the 1999 regulations were to be construed so as to give effect to the terms and purpose of Council Directive 93/13. It followed from the reasoning of the House of Lords in Director General of Fair Trading v First National Bank Plc [2001] UKHL 52, (2002) 1 AC 481 that what article 4(2) of the directive was seeking to exclude from the assessment required by the national authorities (here the OFT) was the core bargain or the core price but not ancillary or incidental provisions, First National Bank applied. Regulation 6(2)(b) should be so construed. That view was supported by the travaux preparatoires to the directive and by numerous academic writings. It was therefore necessary to decide whether the relevant charges were part of the essential bargain between bank and customer. Having regard to all the circumstances, the answer was no. The contingent nature of the charges and the fact that the relevant terms were not specifically negotiated were strong pointers to the conclusion that the charges were not ‘the price or remuneration’ within the meaning of article 4(2) of the directive and regulation 6(2)(b) of the regulations. Accordingly, an assessment of the fairness of the relevant charges was not excluded by regulation 6(2)(b). Appeal dismissed.

Thank you Buzby and Pat. I did not drive to the DVLA as advised and got my car tax disc last week. I already had a V62 from the Post Office, but thank you Pat for attaching it to your reply. I also had to fill in a V10 but it was fine to do that at the DVLA.

Hi, Not sure if this will help, but did you have any personal injury when you had the accident? A solicitor will likely act for you either on a 'no win no fee basis' or a legal expense insurance (through your comprehensive car insurance). The damages (compensation) is made of general damages (your personal inury) and special damages (financial loss, such as car hire, travel costs, wage loss (which have arisen directly from the accident/injuries). You could at least try and get some 'free advice from the solicitors. They should certainly not charge for the first interview. It is best to get one recommended by someone than from the insurers direct. Some insurers have their own solicitor firms. Even if you did not have any personal injury, your insurers should surely still be fighting on your behalf in the same capacity - i.e. the financial loss. Hope it works out for you. Hereabc

I have today received a letter from the DVLA asking me for £79 as an out of court settlement. (No reduced fee for early payment). They refer only to the car being untaxed on the day and state that the out of court offer does not include any other offences which the police or court may be pursuing. Do you think that there will be any other offences and if so, when will I hear? I have read of other people being pursued on these forums even after paying the out of court offer? As I had not been using the car, it was uninsured and no MOT at the time of parking it briefly onto the road. It now has a MOT and insurance. As I am still not using the car, I have parked it on the driveway (as it was until I temporarily parked it there for one day). I am now thinking of using it and want to get a tax disc. Am I allowed to drive to the DVLA to get it as I cannot find my V5 so need V62 which only DVLA will process (not post office) Thank you for your help.

Hi all, Sorry for the slight delay in the reply. My appointment was postponed to this week. 'Baz(ak1)' and 'insyder' were spot on with their advice. They do not give you an exact time when the officer will arrive. He was very pleasant and showed his ID card and introduced himself. After sitting down, he stated straight away that the purpose of the interview was to ensure that I was living at the property and that I am the person that I state I am. He stated immediately the type of documents that he needed to see. He said that he needed to see my ID (e.g. passport which I used). This part was already in the standard letter that they sent out. He then asked for further documents, i.e. my mortgage statement and my bank statements (which were not in the letter, but thankfully Baz had mentioned it, otherwise, I may not have had them ready, as I can sometimes be disorganised - so had all my bank statements for the past year (and bills) ready. Thank you, Baz.) He asked me some simple questions :- Am I single? Am I pregnant? Am I working? Am I living at the address? Have I been abroad for long periods of time. Do I have savings over £4k - I think he said £4k or £6k - either way, I don't have anywhere near either. He wrote down my passport number as ID notification, and my mortgage sum and that I was single and living alone. He wrote down a short written statement which he read out and I signed - answering the above questions. It took approximately 25 minutes and a lot of it, I was actually discussing all the interviews I had attended etc and the many things that I had tried to look for work, which I voluntarily showed him. (He did not ask for these). I never asked why I was asked for the interview although it could have been to do with application for mortgage help or just random. I hope the above helps anyone going through the same, and I thank 'Baz', 'insyder', and 'gooseygander75' for their help. (I have pressed all your reputation buttons.) I have tried to be as full as I can as I know that when you are anxious, (as I was) any bit of detail helps. Just as everyone stated, be as open, honest and helpful as you can during the interview. Hope this helps. Hereabc

Thank you 'insyder' and 'gooseygander75' for your kind advices, which have both really helped me. I guess I will just have to wait and see what happens and hope for the best. The interview is next week and I will certainly give feed-back afterwards, and hope that the interview goes well. I have applied for a job which has a long period of 'good character check' before the next stage so just hope that all goes well. Thank you again.

Thanks Baz, I will certainly post back here after my interview and give feed-back to this forum.

Baz, forgot to say - have pressed your reputation button for your good advice.

Hi Baz, Thank you for your advice and your kind comments. I have applied for mortgage help and wonder if that might be part of it too. Do you know how long these interviews take? I was going to go to a jobs fair on that day but would rather get this interview over with (rather than stress over it) and then hopefully still have time for the jobs fair. Thanks again.

Hi, I would be grateful for your help. I have just received a letter yesterday that a compliance officer will be calling on me at home due to a 'query that has arisen' concerning my claim? Does anyone know what happens as it is left so open? I have been claiming JSA for nearly a year. I have had some very irregular work - i.e. paid for writing the odd freelance research for average £30 - £150 per month over the last 2-3 months. I also paid a lump sum of about £18,000 towards my mortgage just before I started claiming JSA - but this was not deliberate. My fixed term mortgage had come to an end and I had already been unemployed for 7 months but not claiming any benefits at all. I was paying council tax, mortgage etc from my savings. When my fixed rate ended, I decided to pay a lump sum - all my savings to reduce my month payments. However, I over-estimated and ended up not having enough to live on and had to borrow from my sister and then went on benefits. Does anyone know what this interview might be about? I had read other experiences who just say that it is routine, but this is not definite. Thank you.

Thank you for your kind help patdavies. When I parked for the day on the public road, it did not have MOT or insurance as I was planning on doing all of that in Feb/March of this year in readiness for taxing when I would then start driving the car again. By not having MOT and insurance (although not driving it) will it make any added difference to the fine of £40/80? Reading the different threads on this site, I am a little confused why some go to court and some do not. By the supplementary charge, is it simply paying the difference or is there 'added interest' etc on top. I have applied for a job and am in the middle of having a 'good character check' will this affect it in anyway (criminal conviction?) Thank you again for your help.

Thank you Crem for explaining that to me. Unfortunately, it was parked on a public road for the day.

Thank you for your comments. Sorry, Pat Davies, I did not quite understand your reply. I think you are saying, it is not sufficient not to have driven it? Or to have reparked it on the drive? I know I should not have been on a public road no matter how long or short a time. And know that I will just have to face the conequences. I have not just got a ticket/warning. It was apolice warning telling me that they have reported me. I am actually waiting to hear from the DVLA as to what penalties I have to face and whether I will go to court. Any advice as to what to do and what they are likely to penalise me with? I have not actually taken out a new tax disc yet, as I still do not want to drive it yet, but should I take one out now? Thank you for your help.

Thank you

Hi, I would be grateful for your advice. My situation is slightly different to Tifo's, as I did Sorn it but parked it for one day on the road. I have a car which I declared sorn a few months ago. The MOT ran out as did the insurance and I had it parked on the driveway so not on public road. However, I moved the car and parked it just outside my house, which was only to move something from the garage. I did not drive it. But then I had to go away suddenly for the day and stupidly did not park it back on the driveway, before I went. When I returned that night, I had a police notice stating that they were reporting my car to the DVLA. I have reparked it on the drive. I don't actually need to use the car right now and when I declared a Sorn expected not to drive it until end of Feb/beginning of March, so should I still wait until then to get it taxed? I have now MOTed it and insured it in readiness for either my original plan of getting it taxed at end of Feb or to do it straight away due to the police ticket. It has been about a week now and have been waiting for a letter from DVLA. What will be the penalties and will this go to court and get a criminal record? Thank you.

Hi, I would be grateful for your advice. I have a car which I declared sorn a few months ago. The MOT ran out as did the insurance and I had it parked on the driveway so not on public road. However, I moved the car and parked it just outside my house, which was only to move something from the garage. I did not drive it. But then I had to go away suddenly for the day and stupidly did not park it back on the driveway. When I returned that night, I had a police notice stating that they were reporting my car to the DVLA. I have reparked it on the drive. It has been about a week now and have been waiting for a letter from DVLA. What will be the penalties and will this go to court and get a criminal record? Thank you.

I found this on Website of the UK government : Directgov, which I have pasted below in case it is handy for anyone else, although a little unsure about the 'good character checks' and whether they assume that I am earning more than £6,035 which I am most definitely not, and just looking to find a job, and make my CV look better. How much can you earn without paying tax and National Insurance? Income Tax Everyone can earn a certain amount each year without paying any Income Tax. This is called your Personal Allowance. In 2008-2009 the Personal Allowance is £6,035. Some people can earn a bit more before they start paying tax, if they're over 65, for example. National Insurance You can earn up to £105 a week (2008-2009) before you pay any National Insurance contributions. This is known as the 'primary threshold'. As long as you earn more than £90 a week (2008-2009) you can still build up your entitlement to a State Pension and certain other benefits. This is known as the 'lower earnings limit'.

Many thanks ss002d6252. I am no longer worried about the LO - many thanks! But you have helped a lot. I am concerned though about the checks that they do with HMRC to see whether I am paying income tax. It has now been confirmed that they do that. I am unemployed but did not want to put that down on the form, so said that I was a freelancer in my field, which to some extent is fine but later stated that I was self employed. I have only had about 3 freelance jobs over the last 3 months and each of them were about £30-£45 each so hardly earning a wage. But, I am worried that I will look like I am self employed and not paying income tax because I hyped up the application form. What would your advice be, please? Many thanks!

Many thanks, Gilbert O Sullivan. I have moved to the forum that Martin3030 moved me to (employment) but wanted to say thanks for your kind help and advice. I have included my reply on employment forum below (in case you were interested), but after this will move permanently to employment forum. Many thanks. >>>>>>> Martin3030 & ss002d6252, Many thanks to you both for your kind help. I have been searching the internet and was on one other forum yesterday(but the other forum despite being a legal forum was not as helpful or as nice). Both of you supplied help and advice which I would not have thought of and has not been supplied by other experts (in the other forum). They simply stated that it was not a criminal conviction (which I already knew). The disclosure advice was helpful by Martin3030 and I googled it as advised, and found it helful. I also googled 'good character check' which was also useful - checks police record and HMRC. A friend who works in police as a secretary had to wait for 3 months after being offered job due to checks so it made me nervous as to what to declare. I also emailed the HR department asking advice about their application form (under an assumed name) and they were not specific but told me to declare it 'just in case', which also made me nervous. ss002d6252 was very specific in his advice and I did not think of the attachment of earnings. The recovery department has done something similar because I am on benefits and have had an attachment to JSA, but after phoning them today, they say that I have now paid it off in full, so I assume that will no longer be traced either? A slightly different problem - I have tried to hype up my job application by saying that I am 'freelance' to cover the unemployment status and lack of current referee but now realise about the possible HMRC check to see if I am paying income tax - need I worry about that? I have done odds bits of freelance whilst claiming - but it has only been for about £30 - £45 extra per month and only the last 2 months. The deadline for the application was today and I have sent it in and not declared the LO - even the recovery department stated not to bother. Many thanks!

Martin3030 & ss002d6252, Many thanks to you both for your kind help. I have been searching the internet and was on one other forum yesterday(but the other forum despite being a legal forum was not as helpful or as nice). Both of you supplied help and advice which I would not have thought of and has not been supplied by other experts (in the other forum). They simply stated that it was not a criminal conviction (which I already knew). The disclosure advice was helpful by Martin3030 and I googled it as advised, and found it helful. I also googled 'good character check' which was also useful - checks police record and HMRC. A friend who works in police as a secretary had to wait for 3 months after being offered job due to checks so it made me nervous as to what to declare. I also emailed the HR department asking advice about their application form (under an assumed name) and they were not specific but told me to declare it 'just in case', which also made me nervous. ss002d6252 was very specific in his advice and I did not think of the attachment of earnings. The recovery department has done something similar because I am on benefits and have had an attachment to JSA, but after phoning them today, they say that I have now paid it off in full, so I assume that will no longer be traced either? A slightly different problem - I have tried to hype up my job application by saying that I am 'freelance' to cover the unemployment status and lack of current referee but now realise about the possible HMRC check to see if I am paying income tax - need I worry about that? I have done odds bits of freelance whilst claiming - but it has only been for about £30 - £45 extra per month and only the last 2 months. The deadline for the application was today and I have sent it in and not declared the LO - even the recovery department stated not to bother. Many thanks!

Many thanks Martin3030. Please could you detail what is involved in an 'enhanced search'? I have an idea - e.g. they would look for criminal convictions, but specifically what other checks (for 'good character') Also, if I cleared the debt, I assume that if they made a check, they would not find the court order as it is cleared, so not have to declare it in the job application? What do you think? By the way, I posted my initial question on the Council Tax forum just after posting it here because I posted on this one by accident as I am new. Many apologies for the duplicate question, but no-one answered me on the Council Tax forum, so just as well I posted it here. Many thanks Martin3030.

Dear all, I am new to this forum and have been reading with interest the Council Tax forums. I was not sure whether to start a new one and apologise if I should have just replied to an older one, but mine was a slightly different question to 'appealing an order' or 'attending a hearing' so many apologies. (I also posted on consumer forum by accident when it should have been this forum, so apologies there too!) I was living in my house in Manchester but had to move due to a job and was then renting in London and paying council tax (unocupied) in Manchester. I was then made redundant and told MCouncil that I had moved back (but did not realise that it was actually a separate department). They sent letters to my old rented address in London and the LLady did not forward them to me. They obtained a court order and the only time I realised when for some reason they suddenly started writing to my house in Manchester. So, I already have a Court order i.e. liability order against me. I am still unemployed, but am applying for jobs. I have applied fro back date of council tax benefit in the meanwhile, but am unsure as to whether they will pay and in any event know that it would not be for the full amount. On my job applications, they often ask if I have any criminal convictions or court orders. I know that non payment of CT is like a driving conviction and is not deemed a criminal conviction. I also know that it does not affect credit rating and not a judgment in County Court. 1) However, the job application states that the person applying must be of 'good character', so just wondering whether they have any other general checks that would find the court order against me? 2) I know that a liability order stays on until it is paid in full - however, if it is paid in full - is that it? i.e. no more ways to check that a court order is against me? 3) I was thinking of appealing and whether it would be worth it since I did try to contact the council to state that I had moved back (albeit it seems not the council tax department since they have so many departments - although my message was acknowledged. Many thanks for help.

Ninjamo, I sympathise with you. I had a LO against me without my knowledge (because they wrote to a different address) even though I told them of that I was no longer living there.