Who can sign a Consumer Agreement for the lender?

[debt_mountain]

I signed a CCA in a garage office but the salesman who signed it for the lender said he had never used this company before. Do they need to have some form of power to do this? Some sort of authority from the lender? can they sign any old CCA they want.Does this do anything to the agreement itself?

[gyzmo]

whenhe says he has never used them, I would hope he meant that they do have a pre-existing relationship, but that such a relationship is a new one.

 

My understanding is that the agreeemnt must be signed by the creditor, or by someone on their behalf. That someone must be authorised to do so. It sounds like the agreeement you have is a DCS type, in which case the supplier (the garage) must have authority to sign.

[debt_mountain]

thanks for the reply, you said DCS type , can you tell me what this stands for?

 

So from the paper work I have

 

There is a faxed 1 sheet that I was given, this was signed by both me and him (garage), but this 1 page (which was page 1 of 3) we signed was part of a 10 page faxed document.

 

I guess the other 7 pages may have been instructions to the garage and authority. I only got to see the 1 page document and only got given this 1 page away with me.

 

The signatures are dated the date the car was collected and if the OC signed it then their signature would have to have been a faxed version as the doc would have had to have been faxed back to them to get it back on the same date.

 

The OC has so far failed (3 weeks) to provide the CCA but if they do I will be asking for the authorisation to the garage.

 

The agreement also states an APR but no interest rate.

[gyzmo]

DCS is debtor creditor supplier - basically where the people providing the credit are not the same as those supplying the goods for which the credit is for.

 

I would be wary of proceeding - it does not sound like the agreement has been executed properly. I would have a look in the debt forums for more information on CCAs so tha you can check whether what you have is valid. It doesn't sound right to me.

[ReasonableRon]

It is likely that you will get a second copy of the agreement from the finance company through the post, when they get around to sending it. This will have their signature and date of signature on and will actually be the executed copy.

 

The dealer's signtaure at the point of sale counts for nothing other than maybe as a witness. Providing you signed the agreement on the trade premises and were given both a precontractual copy of the agreement bfore signing and then a copy of what you signed then it should be OK.

 

Are you actually unhappy with the agreement itself or just the manner in which it has been administered so far?

[debt_mountain]

Thanks for the replies so far,

 

I have never received a replacement agreement and how could they is my signature in on a form and in the space they should sign is filled by the garage? They would need to counter sign it maybe? But anyway in the 4 years I never got a replacement.

 

the signing happened in 2004 and I have not paid the full amount due. Almost all (60%) of the amount now outstanding is made up from unlawful charges.

 

I had not made a payment for about 3 months with only 6 months left running, they allegedly defaults me and terminated the agreement (but I never received anything) . They have now issued proceedings against me through the courts. I guess they expect me to do nothing, boy are they wrong. the whole of CAG are helping me.

 

I am planning a counter claim due to the charges plus they have as yet failed to supply my CCA within the last 4 weeks. They raised the court papers while the debt was in dispute and the CCA was and still is in default 4 weeks have passed.

 

I intend sitting in court with them. They will now have to explain why they have raised proceesings on

 

1 - a disputed debt (depends what they send before the hearing)

2 - default of CCA (depends what they send before the hearing)

3 - not having properly executed agreement

4 - loads of unlawful charges

5 - the Debtor Creditor Supplier authorisation

6 - the SAR has not yet been supplied

7 - sharing my personal information without consent

8 - apr on the form not interest rate (depends what they send before the hearing)

9 - When signing they never supplied me the T/C along with the form, the saleman just said sing here and here's your keys.

[ReasonableRon]

My apologies, I got the impression from post#3 that you only signed this 3 weeks ago - you obviously mean they have been 3 weeks dealing with your request for a copy.

 

BTW - prior to May 2005 it was perfectly correct to just have the APR on the CCA and not any other interest rate.