Why exactly can't IFoA make apologies and take responsibility for all the damage they've caused these innocent candidates?
It's worth students learning more about unfair contract terms provisions of the Consumer Rights Act. Do a google search for it and useful resources come up such as this one from the CMA: https://assets.publishing.service.g...ta/file/450440/Unfair_Terms_Main_Guidance.pdf
See for example 2.22:
Openness
2.22 In order to achieve the openness required by good faith, terms should be ‘expressed fully, clearly and legibly, containing no concealed pitfalls or traps. Appropriate prominence should be given to terms which might operate disadvantageously’ to the consumer.
22 Consumers should not be assumed necessarily to be able themselves to identify (particularly in longer contracts) terms which are important, or which may operate to their disadvantage or which would be likely to surprise them, if drawn to their attention.
People shouldn't have to assume or be expected to search for other documents or webpages. It should be made absolutely clear and that's their responsibility. It's not for candidates to make good their failures to clearly state.
Then their documents are not sufficiently clear. Under consumer rights act usually unclear/ambiguous text are resolved in favour of the consumer and deemed unenforceable.
Last edited by a moderator: Aug 31, 2020