Verbal contract - Legally binding?

[andrew1]

Can anyone point me to legal backup for a case I have. I did a deal where a part 36 offer was made by the bank in full and final on a deal and I accepted on the telephone, time dragged before their consent and Tomlin came over and the tomlin conditions compromised the Part 36 ( I don't need ANY guidance on that part thanks) I just need to back up with some case law where a verbal contract is affective as legally binding ..nothing else

Ta - asap pls if you can..

[righty]

Re: Verbal contract - Legally binding?

Look here Contract - Wikipedia, the free encyclopedia & in particular look at 'misrepresentation'
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To clarify there is no need to produce precedent that a verbal agreement is binding because almost all agreements are verbal. The paper or in your case the TO comes into play merely to confirm what's already been agreed & if the TO does not mirror what was agreed then it isn't an agreement any longer
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If you have evidence of what was agreed then altered without agreement that should be enough to convince a court the agreement & TO is voided. Also the court should order that the original agreement enforceable

[natweststaffmember]

Re: Verbal contract - Legally binding?

Can anyone point me to legal backup for a case I have. I did a deal where a part 36 offer was made by the bank in full and final on a deal and I accepted on the telephone, time dragged before their consent and Tomlin came over and the tomlin conditions compromised the Part 36 ( I don't need ANY guidance on that part thanks) I just need to back up with some case law where a verbal contract is affective as legally binding ..nothing else

Ta - asap pls if you can..

SAR on the bank re audit trail of your account(I assume it is a bank btw)

[andrew1]

Re: Verbal contract - Legally binding?

This was via their solicitors who said they don't record everything..

[natweststaffmember]

Re: Verbal contract - Legally binding?

This was via their solicitors who said they don't record everything..

If someone has had access to your account then that is total nonsense unless they are saying that they cannot trace when an employee does something they shouldn't even if that means having to search backwards to find it

[righty]

Re: Verbal contract - Legally binding?

According to the OP he/she has emails AND OR a letter confirming the agreed offer which does not mirror the Tomlin Order So I don't know what else is needed

[andrew1]

Re: Verbal contract - Legally binding?

According to the OP he/she has emails AND OR a letter confirming the agreed offer which does not mirror the Tomlin Order So I don't know what else is needed

That's quite right righty, I just have to make sure I cover all angles because they are trying to wriggle out of it...mmmm? think not...but they are trying HARD!


Natweststaffmember, firstly my respects to you for what you did-first chance I've had matey. Brave, unselfish and courageous man. Take my hat off to you. If Cabot ever find out who I am I'll be for it too ! Secondly, this is not a standard bank account it's a further advance on a mortgage which I challenged as being unenforceable for a variety of reasons. Banks solicitors got lazy and left things for 9 months before deciding to look carefully at what I had challenged them on but made a part 36 offer in full and final of my counterclaim to repo they stuck on me. Took them 9 months to negotiate settlement, but came up with P36, I accepted on the phone initially which they acknowledged and now they are saying I didn't because they think they've found a hole in my original argument. Even if they have, it will never get past a Judge as there are so many other holes to plug for them before they even get there. I waited for their Tomlin but when it came 3 weeks after I accepted it compromised the p36 offer, but I'd already accepted and as righty says, I have emails and a letter from their solicitor stating same. I just wanted the verbal contract backup for solidarity if and when it gets into the courtroom again.. I'm in the Cabot Fan Club - you don't stuff the fan club!