Library Fines

[FPY]

Can anybody tell me what legal status library fines have?
I have been charged a replacement cost for some books which I had out from a Uni. library - which I accept: but they also want me to pay fines on said books. I am no longer a meber of the institution, thus they can't threaten me with withdrawal of user rights. i am willing to pay for the books, and associated admin costs, but am reluctant to pay the fines.
Any advise?

[NORMANTHEDOG]

well,i presume when you joined the library,you signed some sort of membership form,etc.that means you accept their policies and terms etc,so you have no choice,me thinks.

[Whickerman]

you join the club, you play by the rules.

Pay the fines - you incurred them

[FPY]

Fair enough. But can they do anything if I don't?
They can't threaten to revoke my borrowing rights.
I was looking for some knowledgable legal advice - not moral censure.

[redcrx]

If you have failed to follow the terms of the agreement then i assume they will be within their rights to chase the sums owed through the small claims court. If you then dont pay you will have a CCJ against you and will also have the court costs to pay as well.
Is it really worth refusing to pay if it could affect your credit rating for years to come?

[FPY]

Thanks redcrx - I don't actually recall signing any agreement, and am aware of many libraries who waive fines gainst former users as long as the books are returned.

[dzug]

You will have agreed to their T&C implicitly by borrowing books.

If the sum involved is small they are unlikely to find it worth the bother of pursuing you in court. If it's large they might, but a defence of unfair penalty charges MIGHT work. OTH it might not.

Send them what you are willing to pay and see what happens - they won't take court action without writing again.

[FPY]

Thanks dzug.

[Gmcd01]

It is interesting to note that if you did sign this 'contract'...it becomes akin to bank charges; there are 2 types of contractual payments, liquidated damages and penalty clauses. Penalty clauses are unenforceable- liquidated damages are not, as they are deemed to be 'a genuine assessment of one's losses'. A penalty may just be an abitrary sum (Think bank charges again- now decided that �30 is a penalty, �12 is liquidated damages.) Try saying that you feel these charges are penalty clauses and unenforceable under the 'contract'. I'm not saying this will work!

[FPY]

Thanks Gmcd01, I'll have athink about that!
Actually I'm in dispute with them and believe I brought the books back (they've already made one ****-up), but I agreed to pay for 4 to get it out of the way, and i assumed they'd waive any fines. I should have sent theletter back with" not known at this address" on it.