Forums before death by AOL, social media and spammers... "We can't have nice things"
|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
[   << oldest   |   < older   |   list   |   newer >   |   newest >>   ]
|    Message 9,799 of 10,932    |
|    Avoid9Pdf@gmail.com to All    |
|    Negative option: sharp-practices by bank    |
|    03 Nov 13 05:24:51    |
      XPost: aus.legal, scot.legal              While I started composing this, I remembered that, years ago I had also       emailed a copy to Ms. P. de Lille: a copy of my 'report of how a Sheriff       auction sales in Boksburg had been fraudulently conducted'.        So since you too, had reported your matter to Ms. P. de Lille, did we both       mistakenly think, in those days, that she would do something about the       injustice?              This relates to my previous post, about the legal-fora which operate in more       advanced societies, and are better than 'letters to the editor', for citizens       to contribute to societal improvement. Here's an example of how USEnet works:-              Subject: Bank sharp-practices outlawed?              Some time back I read that a UK Court had found the sharp-practice by       Virgin Atlantic as being illegal. VA used to automatically extend the       expired membership of victims. Results could be that when a previous       VA member left the country for 3 years, they would find, on returning       that they had a bill for "3 years services rendered".              Where/how would I find the exact wording of the judgment that outlawed this       sharp practice, and related cases?              Would the following be considered as sharp practice and outlawed?              The bank advertises a '12 months fixed interest product' targeted at senior        citizens.       Since elderly people shouldn't be living from hand to mouth, they shouldn't        need to have set an alarm clock, to warn them of pending maturity dates.              The investment matured in October, and the victim visited the bank on        28 December, and because of the potential problem of Xmas rush time, the        victim put his instructions in writing: one copy to be signed & date stamped        by the bank.              The bank told him that since he had failed to notify the bank in time,        he could not have the money. So the victim said "OK, just sign and stamp        my copy of the instructions", which the bank official hadn't seen before the        verbal refusal, "and we'll resolve this in writing".              Because of the bank's refusal, the victim canceled his arrangements/plans        and suffered consequent damages.              Later he received email correspondence from the bank, with a copy of the       3-and-half A4 pages of small print, listing sections 1 to 21.7: "Terms       and conditions of Investment Account". The email cited S 8.2 "Early       withdrawal penalty fee...".              Although not mentioned in the bank's excuse for refusal to pay out, laborious       examination of the copy of the "Terms and conditions of Investment Account",       shows:       S 20.2 "On maturity of the investment the client should advise the bank in       good time (from at least one month before the expiry date) with regard to       the payment of the capital and/or reinvestment thereof". [sic]              Given that the investment offer was ADVERTISED in the press as a 12 months       'competitive investment product' what are the estopple implications of       forcing the victim to know and understand all the sharp-practice details       of the some (36 * 7= 252) compact-line contract?              "12 months fixed investment" should imply that 'negative option marketting       tricks' will not apply. Or ?              If the 'contract was 252'000 lines instead of 252, would it still be       enforceable?              What about consumer protection legislation - of recent years?              == TIA.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
[   << oldest   |   < older   |   list   |   newer >   |   newest >>   ]
(c) 1994, bbs@darkrealms.ca