credit agreement altered - help

miarose

I recently went to court with regards to a loan agreement with BlackHorse. It stated on the court papers that I had defaulted on the first ever repayment. On my agreement it said that the repayments were to start on the 1/02/2004 yet on their copy, it had been altered from that date to 01/01/2004. I had previously spoken to the manager fo the branch and he was rude about this and told me that I had defaulted. It clearly shows that I started to pay on the 01/02/2004 by the payment statement and also the second alteration was not on my copy. I have been informed by citizens advice that the agreement has been altered without my knowledge and this is fraud. I also thought that on a legal document, any alterations had to be initialed by both parties is this the case? Can I take them to court and also would this deem the agreement void as it has been tampered with? any advice would help - thanks

miarose

can anyone help??

skanger

I wouldn't have thought that it would make the agreement invalid.

It's one of those things that falls into the contracts law bag, so it's a civil thing, I suppose your argument is centered around the fact that they have registered a default on you, which based on your copy of the agreement is in breach.

I would recomend that you go and see a solicitor, one who is savey on contract law. You can get a free 1/2 hr at most places.

In terms of what you can expect, I would think that if you can prove your case then they will have to 'put you back into a position that you would have been in had the issue not arisen' i.e. remove the default, and maybe compensate you for your tangible costs.

HTH