Hi,
I was hoping you may be able to help me.
Back in 2005 I was contacted by a friend who wanted to buy a car for his wife to use. He told me he was entering into a Hire Purchase agreement and was at the dealership but needed a guarantor. The man at the dealership then spoke to me and I told him that I was earning less than £100.00 per month but he said this would be no problem.
Later I received blank forms with an X were I needed to sign. I signed the agreement beleiving I was signing a guarantee. I signed the Direct Debit and my friend then signed the direct debit also as he was the one who would be paying for the car and setting the Direct Debit up.
I phoned the dealership to check that I was definitely only a guarantor as I was confused by the blank document which I now know I should not have signed. The man at the dealership assured me I had signed the correct document over the phone.
In 2008 I received a default notice and notice of termination and I spoke to my friend who said he had cancelled a direct debit but the wrong one must have been cancelled. He tried to set up a new direct debit but was told he could not as he was not a party to the agreement.
I then received a claim form stating that the finance company were seeking a Money Judgement against me but they had not issued proceedings against my friend. On querying this I was told that I had signed the Hire Purchase agreement to which my friend was not a party. This means they are coming after me for the whole amount.
I believe I was misled into signing the agreement although I realise that if I had signed the guarantee they could still pursue me but I was wondering if I could somehow argue that the agreement is not binding as I thought I was signing a guarantee and was led to believe that is what I signed.
Please Help.
I was hoping you may be able to help me.
Back in 2005 I was contacted by a friend who wanted to buy a car for his wife to use. He told me he was entering into a Hire Purchase agreement and was at the dealership but needed a guarantor. The man at the dealership then spoke to me and I told him that I was earning less than £100.00 per month but he said this would be no problem.
Later I received blank forms with an X were I needed to sign. I signed the agreement beleiving I was signing a guarantee. I signed the Direct Debit and my friend then signed the direct debit also as he was the one who would be paying for the car and setting the Direct Debit up.
I phoned the dealership to check that I was definitely only a guarantor as I was confused by the blank document which I now know I should not have signed. The man at the dealership assured me I had signed the correct document over the phone.
In 2008 I received a default notice and notice of termination and I spoke to my friend who said he had cancelled a direct debit but the wrong one must have been cancelled. He tried to set up a new direct debit but was told he could not as he was not a party to the agreement.
I then received a claim form stating that the finance company were seeking a Money Judgement against me but they had not issued proceedings against my friend. On querying this I was told that I had signed the Hire Purchase agreement to which my friend was not a party. This means they are coming after me for the whole amount.
I believe I was misled into signing the agreement although I realise that if I had signed the guarantee they could still pursue me but I was wondering if I could somehow argue that the agreement is not binding as I thought I was signing a guarantee and was led to believe that is what I signed.
Please Help.
