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Terms and Conditions on Loan Agreements

Can someone help me with this - I took out a car loan 18 months ago and was given T&Cs with agreement when signed. However I did not read full details of them at the time and when I had a problem with car I was advised independently to check the agreement when considering all my options. On checking T&Cs it appears that the garage did not give me a full set, as the agreement refers to conditions 4.7/4.8 but the T&Cs only go to Condition 3. On approaching financial institution for a copy, they sent me exactly the same T&Cs with only up to Condition 3. Do I have a case against them for not supplying the full T&Cs, as I understood they had a responsibility to issue agreements correctly? Any advice would be appreciated.

Comments

  • Apples2
    Apples2 Posts: 6,442 Forumite
    Define - Case against them...

    Have you asked for the additional clauses?
  • The first time I asked for the correct T&Cs, they sent me the same 1-3 they gave me initially. When I asked again they sent me a set dated Jun 2010 - given that the agreement was taken out in late 2009, this was also the wrong set. Does this make the loan 'unenforceable' under the Consumer Credit Act? I am getting mixed feedback from financial 'experts' as to whether it is or not and looking for guidance.
  • Very murky I am afraid, you'd need to take advice from a solicitor as to the specifics I would guess rather than an internet forum.
    Thinking critically since 1996....
  • RichGold
    RichGold Posts: 1,244 Forumite
    1,000 Posts Combo Breaker
    No, it doesn't.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Apples2
    Apples2 Posts: 6,442 Forumite
    Anyone telling you the car is yours, nothing more to pay and reclaim everything you have paid so far, with interest, is not an expert

    Is it a case that you will keep asking until you hear what you want to hear, THAT must be the real expert? .
  • I'd suggest keep making payments, what's the dispute?
  • send them a letter, signed for, complaining that they have not issued you with a complete agreement, originally or when asking for a copy.

    They should give you a copy of anything referenced in the agreement, whether a section in that agreement or a separate document.

    I'm not getting into the un-enforceability morality discussion, but usually you wouldn't point out why you think its unenforceable as they can rectify it. But in this case, I'm assuming you want to know what info is contained in the bits you don't have?
    :beer:
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