Signatures and economic benefits from a loan

[olivercromwell]

First of all, is the enforceability of a CCA affected in anyway by the fact that the debtor as enjoyed an economic benefit from the loan? I have enjoyed an economic benefit from a loan from the A & Leic and they say because of this it is enforceable. I believe this is nonsense and the law agrees with me on this point

Secondly, I asked for a CCA from the A & Leic which i rec'd but discovered the signatures on the 2007 CCA were not mine. Im not sure what as happened here but I have questioned its enforceability. They have sent me a letter today saying the signatures are 'sufficiently similar' not to raise any concerns'.

The point is the signatures are simply NOT MINE. I showed them a signature from a credit card from the same date (2007) which looks nothing like the two signatures on the CCA. You would think the two signatures on the CCA would be the same ie both mine, but even they are different from one another.

One signature was for PPI which i didn;t request and was signed by god knows who, probably an A & Leic employee. The loan agreement was signed by someone but its not my signature.

How do i respond please to this? I have asked for my PPI back asap but i dont they have a leg to stand here. If it went to court it would be obvious even to a blind man that my signature from 2007 is defintely not the signatures on the PPI and CCA

appreciate any advice and thankyou

[Curlyben]

Re: Signatures and economic benefits from a loan

I think this covers what you are thinking about

Wilson v First County Trust Ltd

[2001] EWCA Civ 633
COURT OF APPEAL, CIVIL DIVISION
SIR ANDREW MORRITT V-C, CHADWICK AND RIX LJJ

[26] page 10


In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid; so there is nothing to engage the rights guaranteed by art 1 of the First Protocol. Nor, on that analysis, does the creditor have any civil rights in respect of which it is entitled to a fair and public hearing by an independent and impartial tribunal.

TBH you'll need some serious assistance if that's all you have to go on.

The more "points" in your favour the better and something as, relatively, simple as a signature is only a start.

What are the dates of this agreement ?

[charitynjw]

Re: Signatures and economic benefits from a loan

Hi Cb,

Wouldn't they be guilty of fraud?

http://www.opsi.gov.uk/Acts/acts2006...0060035_en.pdf

[olivercromwell]

Re: Signatures and economic benefits from a loan

I think this covers what you are thinking about

TBH you'll need some serious assistance if that's all you have to go on.

The more "points" in your favour the better and something as, relatively, simple as a signature is only a start.

What are the dates of this agreement ?

-

Date of agreement - November 2005,

when you say 'if that's all you have to go on' what exactly do you mean please?

It seems relatively straightforward to me. Someone at the A & Leic have signed the PPI box for the commission. that in itself is fraud

without MY signature the agreement is surely unenforceable or am i wrong? If i had rec'd the agreement but forgot to sign it then sent it back the A & Leic should surely have sent it back to me again for signature but they didn't. Someone as obviously signed it themselves. That is a breach of the CCA. The deal was done over the phone as well.

in essence the two signatures on the loan agreement are not mine and i dont know why. if it wasn't for the fact that i had requested a CCA following a default then i would never have known this was the case.

I will not accept the A & Leic explanation that the signatures are 'sufficiently similar' because they are obviously totally different and they know it.

Any advie greatly appreciated

thanks