Credit Agreement not signed by the lender

[moontime]

I have a loan agreement that the lender has not signed it clearly states in the t&c on the back of the agreement that the loan shall only become enforceable once signed by the debtor and the lender. Do I have a case to ask for this to be written off?

[factor-fiction]

If it's a credit card I doubt it but it's worth a try. What sort of loan is it?
But I would have thought that you cashing of their money was a sign of acceptance

[moontime]

It was a secured loan a fixed sum loan agreement factor30, I did accept the loan and signed the agreement it was the lender Welcome Finance that did not sign their part of the agreement.

[factor-fiction]

How recent was it?
I am pretty sure you'll find if you read the full Tc and Cs that they don't have to sign their copy with an individual's signature. Maybe they too have copy with their signature on

[jno]

then their giving you the money and your taking it would be seen as a sign that you both had an agreement and were acting on it.

[moontime]

Thanks, it was back in April 2007 the first agreement I had with them back in April 2006 was signed by the lender in front of me at the same time I signed it. The agreement is exactly the same for the second one carbon copies underneath signatures on the top copy. I have the carbon copies and they did not sign it.

[andrew1707]

But if you borrowed the money shouldn't you pay it back?

[chas2008]

you had the money,no argument, i would asume that not signing the agreement would only become an issue if they broke their terms of it...

[moontime]

The loan is being paid its the amount of charges I am in dispute over & that has brought up this issue of the lender not signing their part of the agreement. How can they enforce terms which they them selves did not agree too.

[factor-fiction]

It's worth looking on somewhere like Money Saving Expert to see if this topic is covered.
There was spate of TV/press ads and spam phone calls a few years ago where claims companies said you could get debts written off because of a technicality related to signing, but I recall that in practice hardly any succeeded and the claims companies turned their attention to PPI.
Some companies do take these claims on (for a fee) but I think your chances of writing the loan off are slim

[ummmm]

They've lent you money, you have an agreement, and now you're paying it back. Absolutely no chance of having it written off.

Are you looking for some sort of loophole?

[jackthehat]

There are different parts to a contract;
Offer
Acceptance
Consideration.
They offered the money, you accepted their money and the money (the consideration) was exchanged. You also accepted the 'terms', if you hadn't, you'd never have received the money.
You are on a sticky-wicket if you are trying to wriggle out of your obligations due to an administrative oversight.
You may find it far more costly in your attempts to get out of this contract, than simply to pay what you owe.

[moontime]

Thanks for all your anwers

[factor-fiction]

http://www.moneysavin...phole-closed-by-court

More importantly, debt advisory sites now include warnings like this

http://www.nationalde...agement_companies.php