HP agreement

[timbo04]

Hi

 

I would be really grateful for some advice on the following issue relating to an HP agreement on a new motorbike -

 

I recently purchased a new bike on HP (Lloyds Black Horse) from a dealer. I signed an agreement (I will call this Agreement A - prior to this I was given pre-contract information). When I went to pick up the bike the salesman told me Black Horse had made a mistake and that I needed to sign a new agreement - Agreement B - (he asked me just to sign and told me it was exactly the same - I looked at it and the figures looked roughly the same as the initial agreement - I was excited about picking up the bike so was not as diligent as I could have been and was relying on the salesman)

 

All was fine until I started getting threatening letters from Blackhorse, stating that I was in arrears even though direct debits were coming out of my account. It turns out the dealer had submitted both agreements (and had received payment under both agreements). BH said the could not help as they had paid the dealer and it was up to him to pay off the agreement so I contacted the dealer and he in turn blamed BH. After examining both agreements, it turns out the second one has higher monthly payments (and consequently higher APR). I blame the dealer and feel that he has either been guilty of a fraud at worst or at best trying to increase his commission from the agreement. I find it odd that when they received money under the agreement from BH they did not flag up that they had been paid twice! To make matters worse both agreements bear the wrong vehicle registration number. In addition to this I was not given any pre contract information prior to signing the second agreement.

 

The dealer has now closed the second agreement with BH and I am continuing to get overdue demands relating to the first agreement which I was told was cancelled prior to signing the second agreement. (I am concerned this will have a negative effect on my credit history esp as I am about to remortgage)

 

In summary – is there any way I can challenge the enforceability of the remaining agreement on the basis that –

 

1)It has the wrong reg number

2) I was explicitly told by the dealer that he had ripped up the agreement prior to me signing the second agreement (which the dealer has since repaid)?

 

Many Thanks

 

Timbo