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Do I have any ground under unfair contractual terms regs? (bit long sorry)

53 replies

PercyPickle · 07/06/2012 14:26

Firstly, I admit I am at fault. What I am disputing is the amount of penalty and liability. Secondly I am a regular namechanging because there's a lot of identifiable information in here.

I borrowed some books from the university library (I am a student). At the end of November my account became inaccessible and I was unable to renew my books (they had a new system - it went down a lot). I wasn't too bothered because I was returning all the books and was on sabbatical. Well, dp was returning because dd was having surgery at the time and I don't drive and the university is an hour away by public transport and one of us needed to be with her.

Due to a mix up the books were not returned (he took back the normal library ones) and I didn't realise until I received bills in the post from the university 4 months later. These bills were for different amounts and the phone line to the office was unanswered to clarify. I eventually got an email address from the university and was able to establish what had happened and agreed to return the books.

I have returned all the books as soon as I was able. This did take a while because I was under medical advice not to carry anything heavy at the time due to concerns I might miscarry but that was only an issue from when they made contact not before. Dp had annual leave booked and we returned the books then which was about 4 weeks later and I advised the university and they were happy with this.

The university are now claiming one book has not been returned (it was returned in October before the bills) and that I owe them £150 for the cost of the missing book and charges including £15 per book admin fee. I think this is disproportionately high as I would have returned the books sooner had I known and as my library account was not working I could not have known this. I also feel £15 per book is a lot when the effort involved in sending me letters etc is little more than for 8 books than it is for one.

They had my personal email and home address and yet did not attempt to use them for 4 months - they did send some emails to my university account but I did not access this as on sabbatical. They have not responded to my complaint regarding lack of contact and the charges being disproportionate to the actual losses incurred.

I have offered them £100 in full and final settlement - I think this is reasonable (actually I think this is too much but I need to have no CCJs for work, I cannot graduate until this is sorted out and I cannot prove I returned the missing book) but they are not discussing and want to take legal action instead.

Any advice please?

OP posts:
PercyPickle · 08/06/2012 11:48

Thanks for the advice. I'm going to send what I have in my savings account which is about £100 and throw myself on their mercy.

I think the trouble at the moment is that there are about 3 departments involved and none seem to talk to the other so I doubt anyone making decisions has read my emails.

I'll send it in the post today. Thank you to everyone who gave their legal opinion and/or relevant experience. Much appreciated.

OP posts:
notactuallyme · 08/06/2012 19:10

pickle send it to all 3 departments (put cc dept x dept y dept z at the bottom of the letter. Then they will all know they all have it.

RedHelenB · 08/06/2012 19:43

Sounds like a good plan.

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