"I agree" boxes: legalities, please...

[wimberry]

Strictly speaking, does ticking "I agree" (or whatever the wording) have any meaning?

 

I signed up to a Co-Op account with monthly charges four years ago. I have never used the account and have never heard from them until a letter arrived telling me that the monthly charge was going up to £12.

 

I am >£400 overdrawn and I am not happy!

 

Thanks,

Wimberry:?

[MrShed]

Why wouldnt it?

[wimberry]

For the same reason that, say, Parking Charge Notices have no meaning. Do you have an answer to the question, Mr Shed?

[MrShed]

The answer would clearly be - yes it is enforcable. There is no relevance to PCNs at all - the argument with PCNs is that a contract cannot be proven. If you have ticked a box to say you agree with the contract that is an EXPLICT action, rather than the implied contracts with PCNs.

[wimberry]

Well, that was easy! Why not say that the first time round? Many thanks for your helpful reply.

[MrShed]

Well because I had no idea what basis you meant it wouldnt count on!!!

[mcfadwmc]

interesting

 

i posted this several months ago that there was a report about pre-ticked boxes in relation to PPI agreements

 

"not sure if anyone has come across the dti report from oct 04 or whether it's discussed in other posts with regards to ticking boxes on agreements with PPI included. it says to look at part iii of schedule 5 of CCA but i can find schedule 5.

 

 

For a copy click here: DTI Document

 

last section titled

 

'Signatures for the purchase of additional contracts of insurance'

 

any ideas"

 

appologies... i have no idea how to quote or link so hopefully it'll work but if not then it's in the PPI forum under useful documents

[wimberry]

After being sent an email that said that I had to pay up and it was tough luck, I elevated the issue through the complaints procedure.

 

I pointed out that since I had never used the account, and had never received emails from them about the matter, I would like them to waive the amount.

 

The agreed to this and have cleared the balance and closed the account as I requested!

 

This appears to suggest that ticking the "I agree" box doesn't carry any weight.

 

Good old Smile!

[MrShed]

It does absolteuly carry weight...just because they have done this out of customer service does not mean they were legally obliged to.