Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default son has purchased a car with hp unaware he used me as Guarantor can i stop it

    My son used me as guarantor for a car he as just purchased
    i was 100% not aware this weekend or did not sign or his father.
    can i stop it
    he just lost his job the next day and there is no way i or his father can pay for it.

    we are fuming very much but would like some advice or how to get it

    1. how did he get me to sign as guarentor you may ask (he did not)

    2. how can i find out the finance company to contact them, to tell them of my dilemma?

    i would like a quick responce to act please on the dilemma

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  2. #2
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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    Do you know where he bought the vehicle from as this would be a good starting point, it is likely the showroom would have organised the finance.

    Also I am guessing that for you to be guarantor the finance company would have searched your credit files, so an online check of these is maybe another way of finding out who the finance is with.

    Good Luck - let us know how you get on.


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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    where would i get a online check please
    could i find out which garage he purchased it from anywhere
    would a hpi check tell me the finance company and garage etc


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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    I don't know about the HPI check.

    Usually vehicles have a sticker of some sort saying where they were bought from.

    For an online check you need one of the credit reference agencies, equifax or experian. I am only guessing that your files would have been searched.

    Alternatively have you asked your son for the information you need? How did you find out he had used you as a guarantor?


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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    he told us he did but we are furious but cannot get it out of our heads how he used me as a guarentor


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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    Ok, so find out from him the name of the gagrage, contact them, explain the situation, see what they say. If they have any sense, they'll cancel the sale, knowing that your son can't afford to pay for the car, and that if they try to enforce against you as guarantors, they won't get very far when you can prove that you knew nothing about it.

    You might first want to find out from your son HOW you became guarantors, did one of his mates help? What? You need to know so you can discuss the facts with the garage.

    Apologies to people who I was in the process of helping, I may be gone some time.

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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    Surely you have to sign the agreement to be a guarantor?

    If not them I'm off to buy something and going to put Gordon Brown as mine.

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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    The only way to get out, as I see it is to report it to the police as fraud.


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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    You say he 'just bought' the car and then lost his job the next day - how long ago was this? You can cancel an HP agreement if you do it within a certain tmiescale

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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    Quote Originally Posted by kabukiman View Post
    The only way to get out, as I see it is to report it to the police as fraud.
    That would be up to the garage or Finance Co when they discover the son lied about who was acting as guarantor.

    In my experience, when someone acts as guarantor, they produce photgraphic ID and sign the guarantee in person, which is then witnessed.

    I wonder if the garage was possibly in colusion, ie they were happy to make the sale and fill in paperwork, and just hope it was all ok.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    thank you all for giving me the advice iwanted it is much appreciated
    many thanks


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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    Please keep us informed as to your progress.

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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    How old is the boy?

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    I may be wrong but is it possible that he has drafted someone in to pretend to be you? I can't see that any car dealership would accept a verbal agreement without seeing someone in person. If this is the case and someone has fraudulently claimed to be you then this should be very easy to sort out.
    Would it be possible for you to go to the garage directly? If you have been approved as guarantor then you should have full DPA access to discuss finance. Also worth checking the paperwork, most loans have a 28 day cancellation period.

    Victoria


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  15. #15
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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    Also just another point, without wanting to scare you for someone to act as guarantor I was under the impression that a second set of bank details would be needed. I may be wrong it's just a thought.

    Hope it all gets sorted out.

    Victoria


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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    Having used a Guarantor once, many years ago, I recall that the Guarantor had to sign a document called "Form of Guarantee".

    Your son saying "my Dad will guarantee the loan" is not sufficient. To be a guarantor it is you who has to say "I will guarantee this loan"

    It appears that the credit agreement may well be fraudulent .........

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  17. #17
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    Default Re: son has purchased a car with hp unaware he used me as Guarantor can i stop it

    Have had a look into this and by law the acting guarantor would have to sign finance documents and a DDEB mandate, as well as producing ID and being present at Car Garage.

    Are you any further in solving this?

    Victoria


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE