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Elements of a contract

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  • Elements of a contract

    Looking on doing some reading up on the following -

    Validity of contracts - credit agreement, if the details on the contract are either -

    1: incorrect - the amounts declared on the contract (for example the deposits)
    2: the "goods" for which the contract is based are either incorrectly described or just do not exist
    3: there is a dispute about the authenticity of the signatures

    Any shared knowledge would be appreciated or just hit me with some links as my current searches seem to be bringing back information that I am not looking for or are all centred around PPI, which i am not looking at..

    Cheers..
    Tags: None

  • #2
    Re: Elements of a contract

    Section FIVE of the CCA - this is where my question lays, are there any experts in this area please..?

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    • #3
      Re: Elements of a contract

      Originally posted by EFMax View Post
      Section FIVE of the CCA - this is where my question lays, are there any experts in this area please..?
      Do you mean section 65 of the CCA rather than 5? If the figures are not correct, it can be argued that the agreement is not properly executed as it does not comply with the agreements regulations. If there is a dispute about signature, that would be a matter of proof (witness to signature?). Relevance of misdescribed (or non-existent) goods would depend on the facts.

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      • #4
        Re: Elements of a contract

        Thanks for your input. I am making reference to the Agreemet part of a contract. On mine, I have left it too late to get an expert handwriting person to confirm the fraud signature (to late before the trial date), so I am having to rely on proving the contract has errors. On the contract, the address, the registration of the car and the deposit amounts are all totally incorrect. The registration number that they have on the contract, does not even exist and the deposit was never paid by me and thus is also incorrect, but my main problem is finding a solicitor who actually knows what they are talking about on the CCA - many just want me to pay them big money, to tell me either it is not their area of law or tell me what I already know.

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        • #5
          Re: Elements of a contract

          You could always give your own evidence that the signature is not genuine, and suggest if the court would find it helpful, the case be adjourned for expert handwriting evidence to be obtained.

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