Default - Removing - Lloyds Bank

noh

TheRedAdmiral wrote: »

................ In any respect - no contract exists as nothing was signed!

There does not need to be any signatures for a contract to exist.

zppp

noh wrote: »

There does not need to be any signatures for a contract to exist.

Completely agree with this.

I believe that a court is likely to infer a contract from your course of dealings with the company. Terms and conditions are likely to have been ameneded over the period of your account if you have had it for some time. These are sent in advance and are effective in the future.

A judge may well turn around and say - if you are unhappy with the conditions, why did you keep the account open and not terminate your delaings with them?

themull1

If you used the account when you got the chequebook and card is that not you entering into a contract with the bank anyway?

noh

themull1 wrote: »

If you used the account when you got the chequebook and card is that not you entering into a contract with the bank anyway?

I believe that to be the case.
Im not a lawyer but from what I can see a contract exists if agreement has been made.
That agreement can be made in writing, verbally or by conduct.
The OP originally verbally agreed to the contract and subsequently by using the account he agreed by conduct.

TheRedAdmiral

noh wrote: »

I believe that to be the case.
Im not a lawyer but from what I can see a contract exists if agreement has been made.
That agreement can be made in writing, verbally or by conduct.
The OP originally verbally agreed to the contract and subsequently by using the account he agreed by conduct.

Thats a reasonable point of view and I accept a contract can be verbal as well as in writing.

But what if the original conversation did not refer to releasing information to Credit Reference agencies?

Ballyhoo

TheRedAdmiral wrote: »

Thats a reasonable point of view and I accept a contract can be verbal as well as in writing.

But what if the original conversation did not refer to releasing information to Credit Reference agencies?

Did the original conversation refer to any key aspect of the account terms and conditions? Termination, interest, overdraft charges, anything? If as you say this was opened over the telephone it seems quite a lot of essential stuff will have been skipped over or read as accepted.

If the judge will infer that most of the terms and conditions applied, he is likely to infer that all applied. Including CRA references.

As I've hinted before, I can't stress how strongly I feel you should seek legal advice on this matter. You really don't want to make a fool of yourself in court over this.

TheRedAdmiral

Ballyhoo wrote: »

Did the original conversation refer to any key aspect of the account terms and conditions? Termination, interest, overdraft charges, anything? If as you say this was opened over the telephone it seems quite a lot of essential stuff will have been skipped over or read as accepted.

If the judge will infer that most of the terms and conditions applied, he is likely to infer that all applied. Including CRA references.

As I've hinted before, I can't stress how strongly I feel you should seek legal advice on this matter. You really don't want to make a fool of yourself in court over this.

Ballyhoo, I appreciate your advice on this and am hoping a Barrister will be coming into work this morning. If so, I am going to grab 10 mins with him for some "free advice".

Original conversation was basically.

Me: "Hi Tim, Paul here...I need to get a couple of bank accounts open. Can you help?"

Bank: "Sure No Problem"

Me: "What do you need?"

Bank: "Leave it to me, I'll open them cheque books and cards should be with you within about a week or so".

Me: "Cheers"

Bank: "So what you make of the football then?"

It really was as simple as that. No mention of T&Cs. No mention of CRAs. No request to sign anything.

zppp

TheRedAdmiral, I think you may have missed something important in my last post though. You may not have been told about terms and conditions, but it is extremely likely that they would have been sent to you at some stage, whether that was at the start of your contract, or through your course of dealings with them. As a result, a judge is likely to uphold that you are subject to their terms and conditions because you dodn't cancel within the statutory 14 days.

noh

You continued to use the account, for the next 14 years, during which time there would most likely have been several changes in T+Cs communicated to you which you accepted by continuing to keep the account open.