Hi Everone

[Texel]

Hi All, Good Morning. I have joined to see if I can some help with the old chestnut about car hire agreements that are signed OFF Trade premises thereby rendering them unenforceaable. A friend (ex friend) of mine asked for the temporary use of one of my dormant business acounts so that his monthly installments could be made from that a/c. Unfortunately when he came round with the DD's for signature he slipped in the agreement for signature. He has now disppeared with the car and I am being sued under a Non Regluated Non Cancellable Hire Purchase Agreement for £30,000. I have taken the approach that my best defence might be that this matter might fall under The Financial Services (Distance Marketing) Regualtions 2004 where a Non Cancellable agreement was thereby changed (by an unsolicited visit to my home) into a Cancellable Agreement because I didn't receive any notification or the right to cancel the agreement. Thereby I am not under any duty to pay.

How would anyone else try to deal with this - any ideas. I do hope so.

Texel.

[Celestine]

Re: Hi Everone

Good grief! Sounds like fraud and/or theft to me.... ? some friend :tinysmile_cry_t:

Sorry, not my area of knowledge on the enforceability angle, hopefully someone will come along who does :beagle:

[WendyB]

Re: Hi Everone

Well, yes it definitely seems like fraud to me too, however I think you would need to take legal advice on this, as you may need to bring a case against the ex-friend, in my opinion, with regards to this agreement. Have you told the Finance Company the circumstances? Where is the car now? Where was the money coming from to pay the DDs which were coming out of your bank account?
Unfortunately, by giving him the use of your bank account, and signing the DDs, the view may well be taken that you were somewhat negligent, or maybe even a party to it. More than likely too trusting. I'm not making any judgement here, just saying the way it could be seen.