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No Finance Agreement for Car Loan

PLEASE HELPPPPPPPP!!!!!

Last Sept I purchased a car on finance. The finance is with a major bank. I was never given a copy of my signed loan agreement, the only thing I have is a DD notification statement saying when the money is going out. I have asked on numerous occassions for a copy of my agreement & even wrote them a letter giving them 14 days to supply me with one, that has now been & gone, and I still haven't received even a letter from them. My question is - If they cannot supply me with the original signed loan agreement, then can I stop the payments as I haven't got any signed Terms & Conditions for my loan, so surely I cannot be held for the costs etc as I haven't signed anything??????????????????????

Comments

  • KingElvis
    KingElvis Posts: 4,100 Forumite
    You will have signed an agreement somewhere at sometime, of that I am certain.

    If you just "stop" your payments the company who lent you the money will hound you like a dog for years to come.

    Do you really expect to get your car for free?

    If you can no longer afford the payments your best bet is to talk to the lender and hand back the goods or something.

    If you GENUINELY have no paperwork, have signed NO electronic or paperwork you may have a point.
    "We want the finest wines available to humanity, we want them here, and we want them now!"
  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    No, you should not stop paying.

    If they are being obstructive and you have followed all legal protocol in obtaining your agreement, perhaps you should contact the Financial Ombudsman.

    As your agreement was started in September 2009 it is highly unlikely you will be able to go down the un-enforceability route - if, perhaps, that's what you were thinking of doing.

    Did you actually sign an agreement? Did you not demand a copy of the agreement at the time of signing? Is there any dispute that you actually owe them money?

    It is very unprofessional of a 'major bank' not to supply a copy of the agreement, but it's absence doesn't mean you can stop paying them.

    Regards
    UNDERGROUND :D
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • I have been in touch with Consumer direct who told me the proper procedure I had to go through, they have then put me in touch with Financial Ombudsman to file a complaint as Barclays Partner finance is not supplying the loan agreement. During one phone call I was told that there was a back log of people wanting copies of there signed loan agreement & then in the next breath they told me that there was a "technical error" & couldn't say when this was going to be resolved so they couldn't send me one!!!
  • Beast
    Beast Posts: 333 Forumite
    I'm confused - did you not get the car in the end?
  • ILW
    ILW Posts: 18,333 Forumite
    katbalou wrote: »
    PLEASE HELPPPPPPPP!!!!!

    Last Sept I purchased a car on finance. The finance is with a major bank. I was never given a copy of my signed loan agreement, the only thing I have is a DD notification statement saying when the money is going out. I have asked on numerous occassions for a copy of my agreement & even wrote them a letter giving them 14 days to supply me with one, that has now been & gone, and I still haven't received even a letter from them. My question is - If they cannot supply me with the original signed loan agreement, then can I stop the payments as I haven't got any signed Terms & Conditions for my loan, so surely I cannot be held for the costs etc as I haven't signed anything??????????????????????


    Are you saying you have not signed anything, or that the lender havn't provided you with a copy yet?
  • CHR15
    CHR15 Posts: 5,193 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OP, could you clarify??

    Do you intend giving the car back or are you expecting to keep it and simply stop paying for it??

    I struggle to see a garage giving the keys to the car out without some kind of signature...... impossible I would say.

    I take it these agreements have changed recently. Whenever I have taken credit in the past, I have signed on the dotted line, then walked out with a barely readable carbon copy of the agreement (pink copy normally).

    Does this not happen anymore??
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