Letter before action

enigma · 9th March 2006, 18:56

Hi

In the letter before action it states that " Its the implied term of that contract that the bank would conduct itself lawfully and in a manner which complies with UK law".

I have looked through the terms and conditions of the Woolwich my bank and cant find this statement but maybe its was on the oiginal agreement I signed.
Does anyone no how I can go about finding out before I send this letter.

Thanks

BankFodder · 9th March 2006, 19:16

Quote:

In the letter before action it states that " Its the implied term of that contract that the bank would conduct itself lawfully and in a manner which complies with UK law"

Just believe me, it is a term of the contract.
You can bank on it.

funkyparott · 11th March 2006, 12:23

Enigma,

Certain legislation is ALWAYS an implied term of the contract. It doesn't matter whether it is in the terms and conditions or not. Any attempt to disclaim out of these terms could lead to a breach of the unfair contracts act.

Example. Consider purchasing goods from a business as a consumer. The Sales of Goods Act (as subsequently ammended) would always, always without exception (unless you were buying something very naughty and illegal

) be an implied term of the contract.

FP

FANTASY CHARGES · 20th April 2008, 10:29

are their any other implied terms the angle we are coming from relates to the consumer credit act 1974(as amended)

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