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In a recent case (Spreadex Ltd v Cochrane 2012) a Defendant was successful in arguing against payment of £50,000 of debts allegedly run up by his girlfriend’s young son who, without his knowledge or permission, has accessed his account.
The Court found that the particular terms of the contract resulted in a significant imbalance in the rights of each party and therefore was deemed unfair under the Unfair Terms in Consumer Contracts Regulations 1999.
When opening an account a user was faced with a 49 page agreement with closely printed and complex paragraphs. The Court took exception to this fact also.
A Lawgistics top tip is for any motor dealer using online terms and conditions for internet sales to draw attention to any particular term that is of paramount importance to the customer in knowing what they are letting themselves in for, when using the website to purchase.