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    • sorry but that letter needs to be much much better. you need to express that it was a stilly youthful mistake trying to be the big man and jumping the turnstile to look big infront of your peers. TfL prosecutors are on the email address on their first letter. get the court form sent back to the court , (but copy it first) stating you plead guilty and wish to attend to address the judge in person face to face to show your genuine remorse for your stupid youthful exuberance.      
    • I thought I should send the begging letter to the prosecutor. Does the hearing means the time I need to send back by? If so, it’s June 5  I plan to send the new begging letter as following, can I ask for some suggestions? Dear Investigator/Prosecutor,  Thank you for your reply. I deeply regret my actions and the inconvenience they have caused.  I’m extremely remorseful for my crime. and regret it everyday. I often ask myself ‘’how can I do that thing just because I felt it is interesting. There are a lot of crimes in the world, but feeling it’s interesting is certainly not a reason to crime. I should not crime with any reason.’’ I think about these things every day, and I understand that I can’t blame anyone but myself.  I thanks to the staff who stopped me, as this is a valuable lesson in my life. I told myself that I should never ever repeat such a thing again, and never ever do anything which is possible to be in breach of any law. As a result, I carefully tap my oyster card every time before I enter the station now. I remind myself that I did a wrong thing before, and I should never let it happen again.  Although my monthly travel expenses do not warrant a season ticket, but I just renew my season ticket (please see the attachment). I understand that a crime cannot be truly compensated for, but purchasing a season ticket offers me a small measure of comfort, knowing that my actions caused a loss to the public interest.  I received an email which ask me to negotiate being class teacher in this summer (please see the attachment). I hope that I could teach the lovely students again, which may not be allowed with a criminal record. I would please ask that you would please provide me a single opportunity to settle all outstanding sums owed outside of court without the need for legal proceedings which would have a determinantal impact on my teaching career.  I sincerely apologise again for my crime. If you need anything further from me to help you please let me know.   Yours sincerely,
    • LoL Dx you crack me up. Thanks for the advice. I'll stay positive.
    • Utter Rubbish!! lowell dont write and beg for deals once they start court. as for your attitude, we'll thats nothing new for you.😎 you wont be quizzed, it's not like TV, simply refer to your defence/WS when answering anything the judge may ever ask. well it involves chickens. dx  
    • Thanks fk, I hope I don't have to face the court. Bless you for the reassurance. 
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bank charges–EC law–Fairness–Unfair contract terms


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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.

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Its currently under appeal to the HoL. That article is a good summary btw. The documents have to be handed into the HoL by Wednesday at the latest.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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  • 4 weeks later...

Can anyone please advise if and how the unfair contract issue may apply to an impecably maintained credit card account opened in 2002 where interest rates have doubled over time and the cardholder is no longer able to afford the demanded monthly minimum payments? Comment will be appreciated.

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The current test case focuses on whether the OFT can investigate or decide on the fairness of bank charges relating to going over your overdraft because of for example a direct debit and not escalating interest rates on credit cards.

 

You probably know this, but you need to move that debt off that credit card. Others may come along and ask is that credit card debt enforceable?

If I have been helpful please click on my star and add a comment.

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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

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