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    • Just an update.   My colleague did not want to ring them.  The saving of the application fee was/is not as important as getting a swift set aside and he felt the best way was to apply to the court for set aside without a hearing.  He has done so and the court has sent an acknowledgement and assigned it to our local Court, so we now wait for something else to happen, presumably either a set aside or a Hearing. 
    • They have now replied this   Thank you for your email,   Looking at the information you have provided, subsection 7 which you have highlighted states that this applies from the time your right is exercised, this is the date you raised the complaint, as no payments were made after this date there is no refund to provide.   There is also no deposit in this case so there is nothing to refund in relation to this.   We have now diligently answered all your questions and as previously mentioned your final response will be sent to you in the post.   Thank you
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    • expecting civil replies instead of using adjectives and verbs like "shut up"
    • I have also emailed them this below      Can I please bring your attention to the Consumer Rights Act 2015 wherby it states my right to a refund I have highlighted the points where I feel you are failing in regards to this Act. Please refer this to you senior to be looked over immediately and I look forward to your reply    Thanks Kelly Gallimore Right to reject (1)The short-term right to reject is subject to section 22. (2)The final right to reject is subject to section 24. (3)The right to reject under section 19(6) is not limited by those sections. (4)Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21). (5)The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end. (6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader. (7)From the time when the right is exercised— (a)the trader has a duty to give the consumer a refund, subject to subsection (18), and (b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed. (8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them. (9)The consumer’s entitlement to receive a refund works as follows. (10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money. (11)To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies. (12)To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred. (13)If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end. (14)If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid. (15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund. (16)If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise. (17)The trader must not impose any fee on the consumer in respect of the refund. (18)There is no entitlement to receive a refund— (a)if none of subsections (10) to (12) applies, (b)to the extent that anything to which subsection (12) applies cannot be given back in its original state, or (c)where subsection (13) applies, to the extent that anything the consumer transferred under the contract cannot be divided so as to give back only the amount, or part of the amount, to which the consumer is entitled. (19)It may be open to a consumer to claim damages where there is no entitlement to receive a refund, or because of the limits of the entitlement, or instead of a refund. (20)Subsection (21) qualifies the application in relation to England and Wales and Northern Ireland of the rights mentioned in subsections (1) to (3) where— (a)the contract is a severable contract, (b)in relation to the final right to reject, the contract is a contract for the hire of goods, a hire-purchase agreement or a contract for transfer of goods, and (c)section 26(3) does not apply. (21)The consumer is entitled, depending on the terms of the contract and the circumstances of the case— (a)to reject the goods to which a severable obligation relates and treat that obligation as at an end (so that the entitlement to a refund relates only to what the consumer paid or transferred in relation to that obligation), or (b)to exercise any of the rights mentioned in subsections (1) to (3) in respect of the whole contract
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Recission of Contract by DEBTOR due to DURESS


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Hi all

It seems that Recission of a contract IS allowed if the original contract was signed under duress.

 

When the Banks were offering Hugely increased Credit limits with Zero controls on who was getting these loans, credit cards etc could the DEBTOR claim that he accepted the deal under duress (could have been under a lot of other pressures etc) and therefore the DEBTOR was unilaterally going for a recission.

 

Would a defence of this sort get anywhere or would it just be laughed out of Court.

 

I haven't seen any strictly legal definition of "Duress" although I'm sure the Banks would try and defend this one vigorously.

 

Cheers

jimbo

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Hi,

I think the only way this would fly is if they held a gun to your head and said sign. I would suggest duress is doing something against ones will.

Nobody can force anyone to sign anything.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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As has already been said.... virtually no chance whatsoever.

 

Firstly you, personally, could not rescind the contract. A contract signed under duress is voidable; meaning that a court can strike out the contract, thus relieving each party to that contract from any burdens placed upon them by it.

 

Secondly, a contract can only be voidable by duress if the duress under which the contract was signed was either a threat of death or serious injury (Barton v Armstrong [1976] ) or an economic duress, which must be more than merely standard commercial pressure.

 

On these facts, as has already been said - unless there was some particularly unusual situation under which you signed a contract, there is no chance whatsoever, in my opinion, of a claim of duress being upheld.

 

Cheers

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Hi there

Thanks everybody -- I'm looking for any tiny sliver of possible action against ANY DCA with a view to a possible CRIMINAL prosecution -- probably a HUGE long shot but I've got some spare time and I don't mind looking no matter how hopeless the case might seem.

 

Someone is SURELY going to make a mistake and then --BANG -- once we've got one the whole rest of the stinking system can then be made to clean up its act.

 

I'm NOT saying to people DON'T pay but I'm against the whole 100% lying, bullying, threatening confrontation that represents your typical Bank or DCA once things start going a bit wrong -- especially if you are forced into circumstances TOTALLY beyond your control and suddenly find you CAN't pay any more even if you wanted to.

 

Cheers and once again thanks to all -- sooner or later one of these DCA's will make a mistake and become too aggressive.

 

jimbo

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