Legal Advice Wanted

in Scotland
7 replies 1.2K views
Jade34Jade34 Forumite
33 Posts
Hi folks, I haven't posted for a long time but I have a bit of a dilemma on my mind and wondered if there were any legal brains out there who could help.

I'll keep it brief and stick to the facts but it is a long story I'm afraid. First of all, I signed a Trust Deed in January 2002. My partner at that time, who lived with me, wanted to buy a car from Yes Car Credit. We went along and eventually purchased a car in August 2002, which I made clear to my partner at that time that I could have nothing to do with due to my TD. The salesman phoned us a few days later and asked if I could sign the agreement 'just to make up the finance'. I explained that I had a TD, which he didn't seem bothered about and said I wouldn't be committing myself financially, they 'just needed my signature'. I stupidly signed the agreement then worried myself sick for days. I eventually sought legal advice and was told that as long as the payments were made on time I should leave things as they were. As it turned out, my partner did default on the payments and it was eventually passed to Marlin Financial Services in August 2004. The car was also repossessed.

To cut a very long story short, I'm no longer with my partner, he's paid little or nothing towards this debt, it's been passed to solicitors in England and I've been paying them since November 2005 (and will be for the next 10 years)! I was discharged from my TD in November 2006. I have since been told a few years ago that if I raise a dispute I could be charged with fraud! The lawyer basically told me the best thing to do would be to 'shut up and pay up', which I have done.

My question is could the agreement be deemed invalid and written off because of my situation at the time or could I claim back PPI to be paid towards the debt if not written off? I've let sleeping dogs lie since 2005 and I feel it's unfair that I should be paying off this debt which I made clear I couldn't have anything to do with. I am not a criminal and signed it out of pure pressure from the salesman and my ex partner. I'm just wondering if I should see a solicitor and open the whole can of worms as I'm struggling to pay this and they've even threatened to take my house if I don't pay! It's been a real source of stress and worry but I'm terrified to speak to anyone about it in case I am charged with fraud! Would that be possible?

Apologies for the long story and thanks for reading. I'll be happy to answer any questions. Thanks again.

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