Contract

Matts_Money

I'm wondering, I'm at the stage where the bank have entered a defence saying that my case isnt valid basically as set out in the terms and conditions. Now I know that they tend to request all sorts of stuff to slow the case down I presume, but am I within my rights to request a copy of my contract?
Also should they fail to supply this what would that mean to their defence? Would it still be valid (even though I dont see it is now) given that I was under 16 when I signed it and also they were still the midland bank then.
I would also think that the terms and conditions have changed several times since I signed but I have never once been asked to sign any agreement to any new terms and conditions? Would that make their argument void?

Any answers please

Matt

nuttynik1965

The problem with T&Cs is that when they are updated, it is our responsibility to make sure we are familiar with them.

We should as a matter of course periodically check for amendments.

Not sure about the age issue.

Kurt_Hamster

Matts_Money wrote: »

I'm wondering, I'm at the stage where the bank have entered a defence saying that my case isnt valid basically as set out in the terms and conditions. Now I know that they tend to request all sorts of stuff to slow the case down I presume, but am I within my rights to request a copy of my contract?
Also should they fail to supply this what would that mean to their defence? Would it still be valid (even though I dont see it is now) given that I was under 16 when I signed it and also they were still the midland bank then.
I would also think that the terms and conditions have changed several times since I signed but I have never once been asked to sign any agreement to any new terms and conditions? Would that make their argument void?

Any answers please

Matt

They work on the fact that whenever the T&C have changed you didn't pull your account and change banks so you are deemed to have accepted the changes.

Asking the other side's solicitor for the T&C and any amendments is always a good move as if they supply it then you have it for evidence, if they don't supply it then it shows the judge that they were obstructive and unhelpful and most likely that they aren't going to appear so aren't worried what the judge may say.

Matts_Money

Kurt_Hamster wrote: »

Asking the other side's solicitor for the T&C and any amendments is always a good move as if they supply it then you have it for evidence, if they don't supply it then it shows the judge that they were obstructive and unhelpful and most likely that they aren't going to appear so aren't worried what the judge may say.

So is there any difference between me asking for the actual contract I signed or asking for the current T+C's plus any amendments?
I know this may sound stupid but willing to try anything to get my money back.

Matt

Kurt_Hamster

Matts_Money wrote: »

So is there any difference between me asking for the actual contract I signed or asking for the current T+C's plus any amendments?
I know this may sound stupid but willing to try anything to get my money back.

Matt

Why pick one or the other, ask for both. They are both legitimate documents to ask for.

Matts_Money

ok might give the asking for both a go then.
Anyone have any ideas as to how I should word the letter?

daveturney

im sure that on CAG there is a reference to this request under some kind of legal stand point in the court process, maybe in the LBA stage ( i rmember it being refered to as part 6.something from the something something ), sorry i cant remember which one, im sure its on this site aswell though, im at the same point so if i find the refrence ill repost on here for you.

Matts_Money

got a letter yesterday from DG solicitors requesting itemised schedule of charges which i have already sent twice to bank. I will send it again however but I fail to see how it is my responsibility to aid them in their defence seeing as I'm the claimant. Surely they should just ask the bank for all correspondance received from me when they take the case on.
I have written a cover letter just thanking them for the letter (Not sincerely) and then quoted word for word from their letter exactly what they have asked for and what I have supplied so I'll be sending this first thing monday morning via recorded delivery.

Also rang the court on friday to try and get an update on my case as i havent heard anything since i got the transfer of proceedings thing. Apparently it was transferred there on 15th may which is weird since on my letter it says 1st of may but anyway, they will be looking at my case sometime next week so fingers crossed it all goes without a hitch.

Also I dont think I'll be asking them to supply any data as I cant be bothered with it being used as an excuse to hold up proceedings any further.

Matt

Stephen_Leak

The judge will expect the claimant and defendant to show courtesy to each other. Therefore, sending the information yet again will not do your case any harm whatsoever when he finds the covering letters in your court bundle.

AlexisV

I'm wondering, I'm at the stage where the bank have entered a defence saying that my case isnt valid basically as set out in the terms and conditions.

If the T&Cs are unlawful then they cannot be enforced.