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One of the additional clauses says"All notifications, determinations, andcalculations are binding except in case of manifest error "
i have been to the ombudsman, they are saying the bank can change the monthly amounts
Thank you. The only thing you can do in that case is say that the charges are excessive and amount to a penalty or that the terms are unfair.
You can ask the Court to assess the fairness of the terms under the Unfair Contract Terms Act 1977
However it is going to be hard.
As a business you are deemed to have read and agreed to terms and conditions. This means that you agreed then a Court will have expected you to agreed to them as this is a contract and you are bound.
Therefore you need to show that the bank have acted unfairly.
If the Court agrees, they can amend the terms of the contract.
As you have an Ombudsman finding against you this clearly also does not assist your case.
What the bank should do is allow the term to be extended and keep the repayments the same.
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
Can I clarify anything for you about this today please?
I will come back to you
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yes one of the additional clauses says' all notifications, determinations and calculations given or made by are conclusive and binding expect in the case of manifest error.'Clydesdale bank says it is entitled to change the monthly payments as the calculation was a manifest error
Sadly all you can do is as I outlined above is ask the Court to assess the fairness of the terms