November 10, 2008. Right to withdraw from the contract
Wallstreet Institute, the undersigned notified the WSI Institute and the financial will to exercise the right of withdrawal over the contract for the course of English Wall Street Institute signed at the headquarters in Rome and the will to exercise legitimate the right to withdraw from the proposed loan aims at CONSUMIT as provided for in Articles 64 and 67 of Legislative Decree no. 206/05 of the so-called consumer code. I remembered them to avoid any complaints about the impossibility of carrying out the withdrawal unilaterally, that Article. 6 of the general conditions of the contract entitled "Right of withdrawal", expressly confers such right of withdrawal under the provisions of the law. Well, the reference to "law" can easily apply for considering this case, if you do not comply with art. No 64 D. Decree Law 206/05, at least the provision of Article codicistica. 1373 cc. That provision allows the contractor in fact, in this case myself, to "withdraw from the contract until the same has not been a principle of execution," also "in the contracts to be performed permanently or recurrently this option may be exercised even after" unless the benefits may be carried out or in progress. Regarding the contract with the finance company terminated the contract of loan was provided as required by law that regulates consumer credit agreements concluded at locations different from those of financial companies to which they refer. In addition, the supplier did not communicate to the consumer all the contractual terms, and has not given up on paper or on another durable medium, the proposed loan finalized, so it is available and accessible to the undersigned in good time before the same is bound by any distance contract or offer. In any case, the provisions of Article 3 paragraph .65 Legislative Decree no. 206/05 provides that the deadline for exercising the right of withdrawal is sixty or ninety days and is running for the services, the date of the contract. Therefore, the undersigned has requested to exercise the legitimate right of withdrawal prior to the beginning of the course, have still not started yet, and therefore calls for the immediate cancellation of contracts with WSI Education SrL and the proposed loan finalized CONSUMIT. WSI has responded to my letter: "We hereby challenge to the entire contents. The request by you with advanced subject to the cancellation of the contract in question, can not be accepted because, in this case, there is no contract no possibility to withdraw from it. We stress that the conditions you have signed, in full adherence to the regulations expressly provide that this right of withdrawal may be exercised only if the customer has entered into the Agreement in place other than a Wall Street Institute center in case of species, since the contract was signed at the center of Rome WSI is obvious that this case relied on by the general conditions apply. Therefore, as shown by the general conditions, there is no contract alcuna possibilità di recedere dal contratto. Le evidenziamo inoltre che, non essendo contrattualmente prevista la facoltà di recedere, quest'ultima non può essere esercitata anche se il contratto non ha avuto un principio di esecuzione, in quanto tale potere di recesso trova la propria fonte unicamente nell'accordo tra le parti. Sono inoltre da lei state richieste delucidazioni in merito ad un possibile recesso alle quali il nostro incaricato ha risposto che tale facoltà non è prevista, invitandola quindi a non firmare se non sicuro di aver compreso bene". L'aduc come mi consiglia di agire? Francesco, da Napoli (NA)
Risposta dell'ADUC quanto scrive la societa' e' vero. Potrebbe solo 'attaccarsi' all'ingannevolezza clause reference to the Consumer Code. Being placed on all contracts it may 'in fact mislead the user. That version, however, 'would not be kindly received by WSI, so it will become' argument for giudici.Valuti to do, even considering the possibility 'to pay a fee to obtain a complete release.
source: http://www.aduc.it/dyn/sosonline/caraduc/carasingola.php?id=239706 Wallstreet Institute, the undersigned notified the WSI Institute and the financial will to exercise the right of withdrawal over the contract for the course of English Wall Street Institute signed at the headquarters in Rome and the will to exercise legitimate the right to withdraw from the proposed loan aims at CONSUMIT as provided for in Articles 64 and 67 of Legislative Decree no. 206/05 of the so-called consumer code. I remembered them to avoid any complaints about the impossibility of carrying out the withdrawal unilaterally, that Article. 6 of the general conditions of the contract entitled "Right of withdrawal", expressly confers such right of withdrawal under the provisions of the law. Well, the reference to "law" can easily apply for considering this case, if you do not comply with art. No 64 D. Decree Law 206/05, at least the provision of Article codicistica. 1373 cc. That provision allows the contractor in fact, in this case myself, to "withdraw from the contract until the same has not been a principle of execution," also "in the contracts to be performed permanently or recurrently this option may be exercised even after" unless the benefits may be carried out or in progress. Regarding the contract with the finance company terminated the contract of loan was provided as required by law that regulates consumer credit agreements concluded at locations different from those of financial companies to which they refer. In addition, the supplier did not communicate to the consumer all the contractual terms, and has not given up on paper or on another durable medium, the proposed loan finalized, so it is available and accessible to the undersigned in good time before the same is bound by any distance contract or offer. In any case, the provisions of Article 3 paragraph .65 Legislative Decree no. 206/05 provides that the deadline for exercising the right of withdrawal is sixty or ninety days and is running for the services, the date of the contract. Therefore, the undersigned has requested to exercise the legitimate right of withdrawal prior to the beginning of the course, have still not started yet, and therefore calls for the immediate cancellation of contracts with WSI Education SrL and the proposed loan finalized CONSUMIT. WSI has responded to my letter: "We hereby challenge to the entire contents. The request by you with advanced subject to the cancellation of the contract in question, can not be accepted because, in this case, there is no contract no possibility to withdraw from it. We stress that the conditions you have signed, in full adherence to the regulations expressly provide that this right of withdrawal may be exercised only if the customer has entered into the Agreement in place other than a Wall Street Institute center in case of species, since the contract was signed at the center of Rome WSI is obvious that this case relied on by the general conditions apply. Therefore, as shown by the general conditions, there is no contract alcuna possibilità di recedere dal contratto. Le evidenziamo inoltre che, non essendo contrattualmente prevista la facoltà di recedere, quest'ultima non può essere esercitata anche se il contratto non ha avuto un principio di esecuzione, in quanto tale potere di recesso trova la propria fonte unicamente nell'accordo tra le parti. Sono inoltre da lei state richieste delucidazioni in merito ad un possibile recesso alle quali il nostro incaricato ha risposto che tale facoltà non è prevista, invitandola quindi a non firmare se non sicuro di aver compreso bene". L'aduc come mi consiglia di agire? Francesco, da Napoli (NA)
Risposta dell'ADUC quanto scrive la societa' e' vero. Potrebbe solo 'attaccarsi' all'ingannevolezza clause reference to the Consumer Code. Being placed on all contracts it may 'in fact mislead the user. That version, however, 'would not be kindly received by WSI, so it will become' argument for giudici.Valuti to do, even considering the possibility 'to pay a fee to obtain a complete release.
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