Fraud and CCA unenforceability

[olivercromwell]

Hi all,

I have an A & L loan and PPI agreement in dispute at present. The signatures on both the loan and PPI aren't mine and I believe an A & L employee have signed off the PPI to claim the commission which is straight forward fraud and a criminal offence

I had heard that fraud taints a contract ie 'fraud unravels all' and that the court would agree to set aside the agreement if this can be proved

any ideas pls?

[Guest]

Re: Fraud and CCA unenforceability

You are going to have to prove fraud to the satisfaction of the court.

Are the signatures on the document clearly not yours, or do you simply deny actually signing them?

You must have had the loan, since you admit it is yours albeit in disupte and whether or not you agreed to the PPI, the loan exists.

It may be that the maxim fraus omnia corrumpit applies, but you must prove it.

[olivercromwell]

Re: Fraud and CCA unenforceability

I agreed the loan by phone in Nov 2005 and flatly rejected PPI. When i rec'd the agreement to sign it, the agreement had PPI included so i called them and sent it back unsigned and asked them to reissue it without PPI. I rec'd the money which i asked for and waited for the new agreement which never arrived so neively i left it.

3 months ago i did a CCA request and discovered two alien signatures on the agreement. they are clearly not mine. I have 3 signatures of mine from that date in 2005 and they are totally and completely different from my own

I have already told the A & L of my concerns and they agreed to refund all the PPI payments but i rejected this on the basis that someone as committed a criminal offence and that cant be allowed to pass.

it will no doubt go to court. the signatures are SO DIFFERENT FROM MY OWN that i would be very surprised if the A & L turn up. It is obvious someone was up to no good

I took the loan but the contract is tainted by fraud. I expect a set aside, nothing less

It is obvious to me that someone at the A & L as simply signed the loan (a technical breach) but by signing the PPI that triggers a commission payment and that is fraud and deception. I did not want PPI. I told them i didn;t want PPI and yet a salesperson at the A & L have simply signed the PPI box and no doubt claimed the commission.

if the signatures aren't mine then must be someone elses.

[Guest]

Re: Fraud and CCA unenforceability

Presumably then, you have not paid off the loan and now intend to attempt to rescind the contract on the basis that somebody at A & L committed the tort of deceit and equitable fraud?