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  #1  
Old 21-06-2008, 12:22 PM
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TANZARELLI TANZARELLI is offline
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Default Unfair Relationships OFT Guidance

Unfair relationships

Enforcement action under Part 8 of the Enterprise Act 2002

OFT guidance

May 2008

OFT854

Crown copyright 2008

This publication (excluding the OFT logo) may be reproduced free of charge in
any format or medium provided that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as crown copyright and the title of the publication specified.

http://www.oft.gov.uk/shared_oft/bus...act/oft854.pdf
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Old 21-06-2008, 04:49 PM
BOUDICCA BOUDICCA is offline
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My God, I didn't think that the doc. was going to be 43 pages!

Interesting though and if you put it together with the new BBA Banking Code 2008; treating customers fairly, that makes for great considerations.
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Old 21-06-2008, 08:28 PM
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I am going to have some reading to do while I am in hospital. I have all the documents printed and the highlighter and notepad and pen in a bag. Somehow I don't think the physios are going to get much out of me post op.
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Old 21-06-2008, 09:26 PM
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I know what you mean BOD I was going to post it in a post till I realised its size lol.
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Old 05-02-2009, 11:22 AM
sparkie1723 sparkie1723 is offline
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Anyone intending to use the unfair relationship should read the CPR that must be used...unless they bring it into their defence in proceedings/claims that are already taken against them .
http://www.justice.gov.uk/civil/proc...pd_part07b.htm




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Last edited by sparkie1723 : 05-02-2009 at 11:27 AM.
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Old 13-06-2009, 01:35 AM
Redfish Redfish is offline
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Can you tell me what CPR means?

Also, I was thinking that the Standard Variable Rate that is often used on mortgages (and therefore additional cash advances taken on a remortgage), could come under unfair relationships in that there is an omission to provide key information on signing the agreement about how this rate will be calculated (e.g. when a discounted introductory offer expires) so that a consumer can never clearly understand what amounts they would be paying. As mortgage companies often say that the Standard Variable Rate does not necessarily track the Bank of England base rate, then wouldn't it constitute an unfair relationship by not stating how this Standard Variable Rate is set??

Does anyone know if this argument has been made? And if so was it successfully made?
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Old 13-06-2009, 03:08 AM
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The CPR'S are the catalyst of Civl law.The objective is to reach an agreement before proceedings commence which involves the disclosure of all information.This in my opinon overrides a SAR because it means that you can go as far as requesting their H/S Plan for" lone working" especally when they state there going to "pay you a visit or send a representive".

On the positive side it means that if you don't get the information you request than you can make an application to the courts for the information to be disclosed within 14 days.Notwithsanding this if the information is not forthcoming then you can apply for "summery judgement".

In the last year where I've the used the CPR rules against Arrow.Apex et el. I have heard nothing and although all my agreements are unenforceable because they are missig a lot of things so in my 4th year of limitation I aim to get back every penny I paid, their loss not mine.

Watch this space

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The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

Astalavista baby and I'll be back

Last edited by The Terminator : 13-06-2009 at 03:44 AM.
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Old 13-06-2009, 08:55 AM
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Term is that a judgement in Summer?
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Old 13-06-2009, 11:21 AM
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Quote:
Originally Posted by Dragonlady View Post
Term is that a judgement in Summer?
LOL!! I'll let you know when Cabot become Caput.

Term
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The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

Astalavista baby and I'll be back
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  #10  
Old 22-06-2009, 08:01 PM
tifonet tifonet is offline
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Quote:
Originally Posted by The Terminator View Post
I aim to get back every penny I paid
We can get money paid back?

I thought the case would be that we paid voluntarily and hence no refund?
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