Unfair Terms in Contract advice

[ncf355]

Hi,

 

looking at taking action against a creditor for an unfair term related to early settlement and Rule of 78

 

Am I correct in the assumption that if the term is unfair, it is unfair full stop and thus ANY monies paid in respect of that term should be claimed

 

So,

 

say the balance is currently £48k, but the Rule of 78 calculation gives a total settlement of 68k, then the 20k (68k - 48k) should be claimed?

[ncf355]

Really, no one?

[perplexity]

Effect of unfair term

 

8. - (1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.

 

(2) The contract shall continue to bind the parties if it is capable of continuing in existence without the unfair term.

It would therefore depend, I suppose, on the extent to which any monies paid in respect of a term were paid in respect of that term alone.

[ncf355]

As shown in the example above, amount extra of 20k (example only) on top of the standard owed balance of 48k is purely due to the one term which I believe is unfair