Help is my mums loan agreement unenforceable !!!

debs16

Hello Everyone ,need a bit of advice please ,my mum has finally got a answer from the finance company she took a loan out with ge capital bank (part of bank of scotland) to buy her caravan .
She borrowed £32,000 and she has recently asked for a sarn request which she recieved after 10 weeks arghhhhhh .
They have sent her a photo copy of her agreement which has been signed by her but noone at there end.
And they have sent her a copy of her terms and conditions which she never signed and they havent signed ethier has she got grounds to claim the loan unenforceable i am not sure if the loan is regulated or not

debs x

McKneff

Sorry but i dont understand.

You say she borrowed £32,000 no question.
So why do you feel she should try to get out of paying it back

debs16

Because if the company didnt adhere to there side of the agreement and follow all the prodcures why should she suffer for there mistakes

debs

Rafter

£32k sounds a bit high to be a regulated loan, although the limit was raised from £25k I think. Don't think a lack of signature is grounds for the agreement being unenforceable and the T&Cs would presumably attach to the agreement which she has signed.

A GE Capital officer could simply sign the agreement now to accept its terms on behalf of GE.

Sorry debs!

R.

StuTheDon

debs16 wrote: »

Because if the company didnt adhere to there side of the agreement and follow all the prodcures why should she suffer for there mistakes

debs

This is hilarious.

So if you lent me money and I told you that you had not signed a bit of paper so was not paying you back would that be fair?

And why is it suffering if she took the loan out in the first place?

[Deleted User]

is the caravan not fun anymore?

McKneff

debs16 wrote: »

Because if the company didnt adhere to there side of the agreement and follow all the prodcures why should she suffer for there mistakes

debs

and where/how is she suffering.

hoggums

A rather pathetic attempt of trying to get out of what you owe. You borrowed the money and spent it so sell your caravan and pay it back.

ILW

Must be a pretty impressive caravan for £32k

cyril82

WOW SIX replies, all of them moral, none of them objective, none of them helpful.

Are these forums still consumer help forums??

OP was the agreement written up as a consumer credit agreement? The consumer credit act only regulates agreements upto £25,000, however i am aware of agreements over this figure being drawn up as consumer credit agreements and being challenged as unenforceable/unfair since if the contract states it is regulated when it is not and quotes protection/rights you have under the consumer credit act it possibly misleading since you would in effect not have the protection you thought you would, and indeed that the agreement stated you would when you signed.

So let me know if it states "regulated under the consumer credit act" on the agreement and i'll advise further.

sporedude

Why should someone get out of paying £32K? Pathetic.