sunshine
Well-known member
If there were 600 members in agreement then why not simply call a club EGM.
Agreed, but I wasn't referring to private member owned clubs!
If there were 600 members in agreement then why not simply call a club EGM.
Most people don't seem to realise paying by DD for most things is a loan and not just paying over 12 months to the company you are buying from.
May be valid for golf club membership, but is this true for most things though?
Apart from mortgage and credit cards (obviously) don't think any of my DDs are loans (mainly utility bills)
Yeah insurance and anything financial you pay monthly for is really a loan and you should be read a script and the interest rates etc, it's a legal requirement and can lead to a poor credit rating
Not if you can’t go on it because there’s a global pandemic. The grey area here is whether this is ‘force majeure’ - likelihood is that it won’t be this time, but will be next. There is no legal precedent for this... it’s not an act of terror or a natural disaster. And, in English Civil Law a company can only call on this if it’s expressly termed in the contract. And, and. For a force majeure clause to kick in, the specifics of said force need to be laid out in the contract - i.e. a global pandemic. And, and, and. And this is the real key. It could and will be argued that a global pandemic could’ve been predicted - there’s more than enough evidence and scientific prediction that it’s been coming. Therefore, a company is on majorly rocky ground if they haven’t inserted this in the clause.
But I don’t think this is force majeure. It is not the pandemic which has prevented you from having access to your golf course, it is the new laws which have been put in place by UK government which prevent us from going out and closing facilities. Those laws trump our individual contracts with who we choose to do business with (such as golf memberships), and hence I do not think a business acting in accordance with the law will be required to remedy people who have lost out in secondary contractual agreements (no matter when formed) which do not comply with higher level acts of parliament.
No matter how much sympathy I have in this and similar cases.