What are the chances?

X-man

Incisor wrote: »

??? So when was the signature on the document you now want to challenge? Was this for the deathbed loan?

Having negotiated a settlement, I can't believe that you would go back to them with this. In your mother's position, I think I would rather go bankrupt than walk away from something I had signed on such flimsy grounds as this. We're not claiming pushy salesmen, misleading advice, misrepresentation, exploitation of the situation by the loan company or anything here of any substance.

The loan agreement was signed by my father in August before he passed away in September.

I guess what really annoys me is the fact that the loan company gave my father a loan in the first instance, given his obvious condition. In the last few months of his life, he was having trouble talking and I'm surprised he even managed to sign for the loan but he did. And yes, I think both my parents were exploited by the loan company.

Like I said, I have negotiated a settlement figure with the DCA but after all the stress and grief they've given my mother since my fathers death, if I can refute liability for the loan on a technicality, then I will.

Toto

Well regardless of what incisor thinks, if I were in your position X man I would be doing everything to help my mother out of this too. Good god, I have seen some awful examples of irrisponsible lending but this case takes the biscuit.

It could be argued that your father was not able to make financial decisions when he took the loan. I would call a solicitor and go for a free half hour to see if there is anything that can be done. The fact that he paid off his credit cards with the loan money when the insurance would have covered the balances shows me he wasn't thinking as clearly as he could have been and in my opinion the loan company were wholy wrong to lend under the circumstances.

Good luck and keep us posted.

quantumleap

I'm surprsied your Dad was given the loan in the first place so I would certainly be taking legal advice regarding that. With regard the technicality, by all means pursue it and if you get lucky then great.

Incisor, I think most folk on here can appreciate the message you are trying to convery but you are conveying it in a very heartless and harsh manner to an OP who has recently lost their father.

I think you either need to tone down your posts or just not post at all on threads that require a measure of emotional support and understanding as well as straight financial advice and support.

Emotional support clearly isn't your thing

floss2

multi_millions wrote: »

.. your type are 100 per cent scum pay for it

A bit like yourself then.......

troll reported.

floss2

floss2 wrote: »

A bit like yourself then.......

troll reported.

do i really need to repeat myself?

poppyg_2

xmen, I agree with others in that you should definitely contact a solicitor, the loan company cannot possibly have thought your father was in the right frame of mind when he signed the agreement. A totally stupid question I know but did they actually know he was terminally ill? If so, surely they did exploit your mother knowing she was going to be left to pay it back

If it was a case that your father got the loan knowing he was so ill to buy tons of fancy things then that would obviously be totally wrong and yes I guess it would amount to fraud but the fact is he used it to pay off other debt, something I think is quite understandable given the circumstances

Incisor, obviously you haven't experienced people close to you passing away or I really don't think you would be posting these comments, do everyone a favour and keep away from this particular thread because I'm sure you're causing nothing but upset to the OP

poppyg_2

I think selling a loan to a terminally ill man and his soon to be widowed wife is very wrong actually, how can that possibly be right??????

Not exactly ethical practice which is why I was trying to get a clear understanding of whether the loan company knew about the OPs father's health situation, if they did then I find it quite disgusting to be honest, how could they possibly expect either person to be in the right frame of mind.

If they didn't know about the health situation then yes it's a totally different situation

quantumleap

Incisor,

As I said in my original post I think most folk understand what you are saying. There is an issue here regarding whether the OP is morally correct to attempt to have this loan scrapped on either the grounds that it should not have been given or on the grounds of the signiture.

My opinion is that of course the OP should be encouraged to take advice regarding this. If the loan was sold incorrectly or if the mother isn't actually repsonsible for it after the death of her husband then why should she pay it. I see nothing wrong in seeking information regarding this. You clearly disagree, which is of course your right and I respect that.

What I do not respect is the way you seemingly disregard the fact that this person has suffered a very close and personal loss quite recently (9 months is quite recent if you've lost a loved one). By all means give your opinion on the loan situation but in my view you should not be passing comment on how long someone is supposed to grieve for or how they are supposed to grieve.

As I said earlier you clearly are not someone who does emotional support and you clearly do not understand when it is inappropriate to make a comment such as "9 months", which I have to add is probably the most reprehensible comment I've seen on this forum.

mitchb

Hi

Sorry to hear about the death of your dad and the problems thats followed xman.

Just to put another slant on this

Is their any signature on the agreement by a representative of the company?

It may be the signature area was for the company rep to sign and the customer(s) field would be where your mum and dad should have signed.

The company may have looked at the agreement and belived it was your mother who had taken out the loan, not realising that your father had signed in their reps area.

Just a thought

chez000

Im not great at finding mistakes in consumer credit agreements that render them unenforcable, but for what its worth - generally such mistakes are to do with terms not being included in the agreement or mistakes when calculating the cost of the agreement.

I think its really unlikley that the agreement would be deemed unenforcable based on the signiture, unless you could prove that the signee didnt understand what they were signing or had only signed under duress.

Credit agreements that are drawn up incorrectly are almost never with major lenders, who is this loan with? how long ago was it taken out?

Would be worth requesting the CCA from the lender on the (slim) chance that they have lost their copy, but other than that the agreement needs looking at byb someone who really knows the consumer credit act, the CAB may be a good place to start