Flawed Logic of the Appellant Judges13 Nov 2024 18:36
Irstly, I'm not in any way connected to the legal profession, but a Judgement which states that despite material information within a Loan or Credit Agreement being contained in its Terms and Conditions, the failure to disclose the levels of commission paid to Finance providers and have the customer agree specifically to this aspect, then this is deemed to be unlawful.
Payment of such commissions were outlawed in 2021 unless the customer was in agreement knowing the amount / intent etc. The fact it WAS in the Agreement but not specifically raised with and agreed with the customer seems to be the 'crime'.
Thank you Judges, it means ALL Terms and Conditions are now irrelevant on this logic, unless each and every one of these T and C's has been raised with, receives the same overt understanding by, and agreement, of the customer.
You cannot pick and choose which T and C is more important etc than others in this absurd conclusion.
Thus EVERY Credit Agreement can now be challenged as it doesn't have to be about Commission after all, it can be any fact that can be distorted to show the customer has been disadvantaged.
It would easily be addressed by Agreements containing a clause stating the customer, by signing, not only accepts all Terms and Conditions but has taken appropriate legal advice to ensure the nature and extent of the obligations arising from signing are fully understood and accepted.
One day the begging bowl is going to remain empty!