Enforcability of an Alliance and Leic Loan agreement?

[olivercromwell]

Advice anyone thanks:

Rockwell (DCA) chasingme for a debt I had with the A & L (PPI claim to be executed). I requested CCA/Loan agreement from 4 years ago which came through after the alloted 40 days according to CCA.

To cut a long story short the signatures on the loan agreement are not mine. The signature to confirm agreement for the loan is not mine and another signature as been signed on the PPI acceptance box (which i didn't request). I have a credit card from the same time with my actual signature on it and this bears no relation to the signatures on the CCA sent to me by the A & L.

Is this agreement enforcable in a court of law and does the PPI con invalidate the entire agreement?

Obliged and thank you so much

OC

[Amethyst]

Re: Enforcability of an Alliance and Leic Loan agreement?

If the signatures are not yours and you can prove this then this would be a case of fraud.

40 days would be the Subject Access Request - CCA requests are 12 working days. Regardless tho you have a copy of the agreement. Do you have any other products with A&L where they could get your signature from ? Is the signature completely different or just slightly ? (ie how easy will it be to say it isn't yours)

[olivercromwell]

Re: Enforcability of an Alliance and Leic Loan agreement?

hi Am,

thanks for coming back

I have a copy of the A & L Loan agreement in front of me. (dated 26/11/05)

The signature to seal the loan is different from mine.
The signature to comfirm acceptance of payment insurance is different from mine.

I have a signature (a very clear one) on a credit card dated Oct 2005 which means i can make a direct and irrefutable comparison between all three signatures and it is beyond argument that all three are totally different.

Moreover, if the two signatures on the Loan Agreement were mine they would be the same, obviously but they are different signatures on the same document! Ludicrous

The thing is this. The loan is mine but it is only following a CCA request to them that I have discovered this most glaring of errors.

I need to see the ACTUAL ORIGINAL COLOUR LOAN AGREEMENT.

I may have sent the CCA back unsigned and two A & L employees have thought 'oh, bugger this' and signed it themselves which is a breach of the Con Credit ACt 1974 anyway but the PPI box as been signed by someone else so that will prove deeply embarrassing in court. That is obvious fraud IMO.

Is the Loan agreement enforcable? Surely it cannot be if all the signatures on the agreement are by A & L employees!! AHAHA.

I cannot understand what as happened here and I have sent a letter to Rockwell to ask them to place the 'account in dispute'.

How do I proceed pls?

I was going to see the Citizens Adv Bureau for direction but I think i will give the A & L the chance to find out what is happening because if it does go to court the PPI claim will go in my favour (deffo) and i wonder if that would invalidate the whole agreement?

Debt total was for 20K but now 7.4K outstanding (charges etc added over time and other charges on that also)

any advice on how to proceed greatly appreciated

oc

[olivercromwell]

Re: Enforcability of an Alliance and Leic Loan agreement?

amethyst,

any ideas pls?

thanks

oc

[Amethyst]

Re: Enforcability of an Alliance and Leic Loan agreement?

firstly have a read of this thread - ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles you will need to respond the A&L telling them of your concerns over the signatures.

there is someone else who was disputing a loan solely on the signatures on the site have been trying to find the thread as that should give you some pointers. see if i can find it.

[Amethyst]

Re: Enforcability of an Alliance and Leic Loan agreement?

here - Legal Beagles

unfortunately it doesnt seem to have been bought up to date for a long time so I dont know how it ended but should give you some good pointers.

[olivercromwell]

Re: Enforcability of an Alliance and Leic Loan agreement?

amethyst

sorry about this but in your experience does that Loan agreement for it to be enforcable have to have both my signature and a signature from the bank?

it seems obvious that this a basic requirement for an enforcable contract in court

thanks

[olivercromwell]

Re: Enforcability of an Alliance and Leic Loan agreement?

This is from the Consumer Credit Act 1974:

Both the borrower and the lender must sign the agreement. A copy of the executed agreement must be given to the borrower, either when he signs it or within seven days. A further copy of the unexecuted agreement may also need to be provided. If the agreement is cancellable (because it was signed off trade premises), notice of cancellation rights must be included in the copy agreement, and must also generally be sent by post or email to the borrower within seven days.
If the above requirements are not met, the lender can only enforce the agreement against the borrower by getting a court order. Local authority trading standards services or the OFT can take enforcement action against the lender, using powers in Part 8 of the Enterprise Act 2002.

-

1) I did not receive a copy of the executed agreement within 7 days of sealing it
1) The agreement remains unexecuted as the signatures on the agreement are not mine but someone elses!

-

surely this can't be enforceable can it?

[Amethyst]

Re: Enforcability of an Alliance and Leic Loan agreement?

The copy under the CCA doesnt have to show the signatures, although yes they do have to be present on the original - however arguing unenforceablitliy under the CCA would be very difficult on just the signature issue. So if you can either type up or scan in the agreement (remove personal stuff) then we can see if theres any other angles to strengthen any case.