Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : I assume your husband had actually read and agreed the terms please?
JACUSTOMER-rlpj3g3c- : Hi Alex, no he hadn't read the terms of business. I sent an email from his account agreeing to them.
Alex Watts : In answer to your question does there need to be a signature - no
Alex Watts : Contracts can be oral or written. In terms of written then this can be either by normal letter or email.
Alex Watts : However if your husband is only named on the contract and you agreed to the terms and not him, then the contract is not binding.
Alex Watts : If the contract has you both named then the contract is binding.
Alex Watts : Of course if you emailed using his account misleading the broker, then potentially this could be an offence.
Alex Watts : This is because only your husband should have sent the email saying he agrees. You can not agree on his behalf unless he consents.
Alex Watts : If he consented then sadly he is bound.
Alex Watts : The contract is binding even if it is not signed.
Alex Watts : I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-rlpj3g3c- : And the part about the broker fee being 1% but really it is 2% because they've taken 1% off the lender too which is also classed as a broker fee so there could be confusion.
Alex Watts : You need to check the wording of the contract. In any event you can rely on regulation 5 of the unfair terms in consumer contracts 1999 which states
Alex Watts : 5. (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
Alex Watts : Please see http://www.legislation.gov.uk/uksi/1999/2083/made/data.pdf
Alex Watts : Does this help?
JACUSTOMER-rlpj3g3c- : What would you advise me to do now I have received a statutory demand this morning?
Alex Watts : You must apply to set it aside on the basis the contract fee is poorly worded and unfair in accordance with the above terms
Alex Watts : Is that ok?
JACUSTOMER-rlpj3g3c- : How much would you charge to send a letter to the broker ?
Alex Watts :
Sadly the site rules prevent me from acting for you, as much as I would like to