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Hi, can someone please clarify the courts position on reconstructed terms and conditionslink3.gif, I have read of cases where the court will accept this practice.


1) How can the claimant prove this is what you were given at the time of signing an agreement?

2) I do not recall being sent or seeing any terms and conditionslink3.gif, my applications were done over the telephone, replying to a flyer or over the internet, is the onus on the claimant to prove you were sent terms and conditionslink3.gif at the point of signing?

3) Would a signed reply card with no terms and conditions be enforceable?

4) Can the claimant reconstruct the whole agreement, and would this un-signed document be enforceable?


Any advice would be greatly appreciated



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If the agreement was signed by you and they can produce that document, then the likelihood is that they will be able to enforce.

The problem is that they do not have to give absolute proof of anything. In a civil case they only have to prove that it was likely that you received the T and Cs.

Again in the case of online applications, the production of an agreement with a tick box is not going to present them with too much of a problem.


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