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Loan agreement - is it unenforceable?

Last post Tue, Oct 06 2009, 6:04 PM by huckster. 3 replies.
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  •  Tue, Oct 06 2009, 11:40 AM

    Loan agreement - is it unenforceable?

    Hi, new to all this and 1st post.

    I have a a car loan (HP agreement) that I think may be unenforceable, when I purchased the car i also purchased a MBI and GAP insurances with the loan, these were added to the final total of the agreement, but details of the insurances do not show up on the agreement, only the car.

    Does this make the agreement unenforceable?

    I have already defaulted on this loan, as unfortunately for me the car is broken and the warranty company refused to pay for the repair, I have already went down the insurance ombudsman (waste of time, what do they know about cars) who agree with the warranty company.

    The finance company have also already taken me to court, and this is when I noticed the difference in the agreement, I have an old faded photocopy of what should be on original agreement which shows cost of car, cost of warranties and final total.

    The very nicely printed version of the agreement has a section called goods purchased under this agreement, within this it only details car details nothing on warranties

    Any advice appreciated.

    • Post Points: 20
  •  Tue, Oct 06 2009, 11:56 AM

    Re: Loan agreement - is it unenforceable?

    Robbo

    The Insurances will be outside of the agreement as they should not incur any interest that relates to the car finance.

    So from what you are saying this sounds all enforceable to me. You had the chance when they took you to court to defend the action. If there had been any discrepancy in the agreement, you could have challenged this at the time.

    I can only suggest that at this stage, you go to Citizens Advice.

    Huckster

    • Post Points: 20
  •  Tue, Oct 06 2009, 12:50 PM

    Re: Loan agreement - is it unenforceable?

    Thanks for reply, it looks to me that the insurances are incurring interest, the car cost 8200 but the loan agreement is for 9000, where do I stand now.

    i know this is s long shot, but if you dont try.....

    • Post Points: 20
  •  Tue, Oct 06 2009, 6:04 PM

    Re: Loan agreement - is it unenforceable?

    robbo

    If you think the agreement contain errors you need to get some advice. I am not sure what the extra £800 is for or how the financials are formatted on the form. If you can get hold of a readable copy of the agreement, you could scan a copy of this and place on photobucket, so you could add link to another post. Don't forget to remove any personal information if you decided to post.

    There are others on this forum that are much more expert that I am about agreements, so they might add comments and some pointers.

    Huckster

    • Post Points: 5