Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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Re: Comments on this Mint agreement - enforceable??
Originally Posted by foxyflugel
Cerberusalert - I didn't see your earlier comment. What is your opinion on this???? Many thanks.
It was pointing out things that he couldn't see, although I think he found them all as the 1st image didn't show the first time to him. I guess there is nothing too obvious popping out on this agreement I'm afraid!
Have they followed other procedures like default notice etc correctly?
Re: Comments on this Mint agreement - enforceable??
Originally Posted by kennyh
Still untested is UTCCR5 - Is it safe to assume(hate the word) that this was NOT an individually negotiated contract AND it was pre-printed?
I imagine you'd have to demonstrate a very significant imbalance, I doubt that word was put in there sparingly, so I guess the Courts would be cautious to rule of such an imbalance in most instances
(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
Re: Comments on this Mint agreement - enforceable??
Originally Posted by kennyh
Since any contract is phrased in a manner where the drafter will attempt to call all the shots, will it be overly difficult to show a sig. imbalance?
Well, it depends on the T&C's of each account, but thinking of credit cards the borrower/debtor has rights such as: the right to cancel, the right to pay the whole balance off at any time, the right to know what the balance is and how to pay, the right to know how much they are being charged.
While there is perhaps an imbalance, as when the customer stops paying charges can be high and there is no written statement I doubt in any CC agreement for a "payment holiday" to help customers who are unexpectantly unemployed this imbalance isn't necessarily a "significant" one.
Re: Comments on this Mint agreement - enforceable??
Then don't we come back to the new philosophy of personalising each case. What might be insignificant to one customer might be very significant to another. There isn't a checklist is there?
Re: Comments on this Mint agreement - enforceable??
Originally Posted by kennyh
Then don't we come back to the new philosophy of personalising each case. What might be insignificant to one customer might be very significant to another. There isn't a checklist is there?
Oh yea, I agree, I'm just saying it'd be an uphill trek, but if someone thinks it is worth it then they'd know the imbalance and so worthy of a shot! 8-)
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Comments on this Mint agreement - enforceable??
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Originally Posted by foxyflugel
