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Fairness of term

Fairness of term

Postby iobject » Fri Jul 22, 2016 9:06 pm

What do you think of the following in terms of fairness?

The member agrees to abide by the latest version of the Scheme Rules and the Conditions of Deposit Disputes notwithstanding any earlier version of the Scheme Rules which were in force when a protection was purchased.
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Re: Fairness of term

Postby Hairyloon » Fri Jul 22, 2016 9:09 pm

Pretty much depends upon what is in the latest version and how it differs from the earlier version.
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Re: Fairness of term

Postby miner » Fri Jul 22, 2016 9:39 pm

iobject wrote:What do you think of the following in terms of fairness?

The member agrees to abide by the latest version of the Scheme Rules and the Conditions of Deposit Disputes notwithstanding any earlier version of the Scheme Rules which were in force when a protection was purchased.


It's meaningless bollocks, intended to confuse and to potentially seek to deny a person their rights which prevailed at the time of purchase.
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Re: Fairness of term

Postby Smouldering Stoat » Fri Jul 22, 2016 10:17 pm

Arrant nonsense. It is eminently enforceable. All sorts of contracts have provisions for varying the terms.
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Re: Fairness of term

Postby miner » Fri Jul 22, 2016 11:25 pm

Smouldering Stoat wrote:Arrant nonsense. It is eminently enforceable. All sorts of contracts have provisions for varying the terms.


See the thread title, Stoaty! No-one said it was a contract, per se. The matter raised by the OP was one of the Fairness of the term.
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Re: Fairness of term

Postby Smouldering Stoat » Sat Jul 23, 2016 6:50 am

It is a contract term. It is not a contract to which the Unfair Terms in Consumer Contracts Regulations apply.
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Re: Fairness of term

Postby Hairyloon » Sat Jul 23, 2016 7:43 am

Smouldering Stoat wrote:It is not a contract to which the Unfair Terms in Consumer Contracts Regulations apply.

How can you tell?
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Re: Fairness of term

Postby Smouldering Stoat » Sat Jul 23, 2016 7:54 am

Because, by an astounding coincidence, I happen to have a copy.
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Re: Fairness of term

Postby iobject » Sat Jul 23, 2016 8:51 am

This clause is from the "Scheme Rules" of one of the residential tenancy deposit schemes. This is a contract. I can post a link to the whole document if anyone's interested and if that's allowed.

Many contracts may have clauses allowing terms to be varied, but I believe that a clause giving the right to one party to change the terms as they please without agreement from the other party is unfair.

Smouldering Stoat wrote:It is a contract term. It is not a contract to which the Unfair Terms in Consumer Contracts Regulations apply.


Why not?
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Re: Fairness of term

Postby Smouldering Stoat » Sat Jul 23, 2016 10:25 am

Because the member is not a consumer.
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