Clause 5(1)

[kalijack]

Can someone please explain this in easy to understand, layman's terms?

Thanks

[sploits]

Bump. I would like to know too please

[lovejoy]

OK here goes,

 

Unless terms and conditions with your bank have been negotiated and agreed on an individual basis then those T & C's cannot be used against the consumer because this puts the bank in an advantageous position.

 

I think that is about as simply as I could put it, of course I could be miles away and I'm sure someone far more knowledgable than me will correct it

[sploits]

So the banks are always in a winning position with it? We cant win because the banks are doing what they want with no agreement or consultation with us the individual??

 

Have i got it right? lol

[baconbuttyman]

OK here goes,

 

Unless terms and conditions with your bank have been negotiated and agreed on an individual basis then those T & C's cannot be used against the consumer because this puts the bank in an advantageous position.

 

I think that is about as simply as I could put it, of course I could be miles away and I'm sure someone far more knowledgable than me will correct it

 

thats also how i understand it,

[kog]

Unless terms and conditions with your bank have been negotiated and agreed on an individual basis then those T & C's cannot be used against the consumer because this puts the bank in an advantageous position.

 

Clause(5)(1) is about fainess and if a contract has not been individually negotiated then it can be regarded as unfair if a contractual term causes a signifacant imbalance to the detrement of the consumer.

 

The question is do the banks new T&Cs cause a singinficant imbalance to the consumer. if so then we have a case because the contract was not negotiated.

[themadcap]

seem to have jumped the gun a bit, I sent my application to lift my stay yesterday with the updated letter qouting clause 5 it seems were now being told to wait, where do i stand on this?

will post my POC's as listed on my court claim form shortly as it mentions no clause just utccr

[ICY]

Let us know what the court says

 

I would wait before doing anything else just yet though, hopefully it wont be long before the experts can show us the way