Term which may be regarded as Unfair

[kog]

Indicative and None Exhaustive List of Terms which may be Regarded as Unfair

 

Schedule 2

reg 5(5)

 

1 © making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to condition whose realisation depends on his own will alone.

 

Isn't the bank by paying an unauthorised overdraft an example of unfairness as defined above, especially given that the terms of contract where none negotiated.

 

There is a significant imbalance and detriment to the customer in the Conditions because the customer is charged if the bank chooses to pay unauthorised overdrafts.

 

The bank is not compeled to pay an unauthorised overdraft, so there is no garentee the bank will pay a unauthorised overdraft, for if there was a customer would not need to arrange any overdraft at all. Its the banks own will alone that it pays for unauthorised overdrafts on a customer account.

 

And so it is the Banks will alone that payment of an unauthorised overdraft that causes a significant imbalance to the detriment of the customer.

 

Anyone

Edited November 28, 2009 by kog