LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

[EXC]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

The result of the hearing yesterday in Bristol County Court was that Oliver Foster-Burnell was denied permission to appeal the part of the judgment from Taunton County Court that restricted the application of the finding that the price variation terms were unfair to just himself.

The reasons the judge gave for refusing permission were jurisdictional and are summarised below:

• The unfairness test for significant imbalance in the requirement of good faith provisions of section 5.1 of UTCCR can only be made between the particular parties to the contract in question. The test is subjective and not objective. Case law quoted was West and Finley http://www.bailii.org/ew/cases/EWCA/Civ/2014/316.html
• A declaration in a County Court that the terms are unfair generally could have no effect as County Court decisions do not carry any binding authority.
• Appeals to judgments at any level of the judiciary are restricted to the main findings of judgments and the orders that arise from them. Case law quoted was Lake & Lake and B & H Children.

[Kati]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Good luck from me too x

[EXC]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Good luck Oliver.

[Sparkie1723]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Come on " O " ....Get the result that's needed:second: a good second sometimes gets a better return than coming 1st if you follow my drift.:tinysmile_twink_t2:

Then its my turn on Thursday...
Sparkie

[enaid]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

I hope you lose (win) ........you know what I mean

Seconded xx

[Tools]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

I hope you lose (win) ........you know what I mean

[MissFM]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

wishing you the very best of luck and everything crossed here too! xx

[Amethyst]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Best of British tomorrow - I hope you guys get the result you want xx

[Tools]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Of course

[leclerc]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Will LB Twitter up some info as well? (it would be helpful for us twots )

[dogtired]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Fingers and toes crossed for a good result.

[Kafka]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

I'm hoping I can make it on Wednesday.
Is there any help needed on the day with anything?

:happy2:

[orfoster]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Thanks everyone, only a few days to go till the big day.

:incourt:

[Sparkie1723]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

To the big "O" ......The very best of luck matey....... from .........
Sparkie

[righty]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Due to BH additional work commitments won't be able to make it as planned. However should still be on-line & able to read up-dates.

Best of luck everyone