Re: Swift Advances Plc?
The beauty of a claim for unenforceability using a misstatement of the prescribed terms is that you can prove your case with a calculator. Opinion or prejudice is not relevant.
I fully expect the creditor in Dave’s case to come back and say the Broker fee is exempt from the total charge for credit, but of course if it was it would then have to be contained within the total credit which is also a prescribed term.
In many ways this kind of defence is better than them having no agreement at all.
It is all there in black and white, you just have to understand the math.
Peter
The beauty of a claim for unenforceability using a misstatement of the prescribed terms is that you can prove your case with a calculator. Opinion or prejudice is not relevant.
I fully expect the creditor in Dave’s case to come back and say the Broker fee is exempt from the total charge for credit, but of course if it was it would then have to be contained within the total credit which is also a prescribed term.
In many ways this kind of defence is better than them having no agreement at all.
It is all there in black and white, you just have to understand the math.
Peter
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