Is this vehicle lease valid?

[ZENTRIX9]

Hi,

 

 

my uncle signed for a vehicle through his ltd company which went into liquidation a few weeks later.

 

 

He then went self employed and took the van on as a sole trader.

 

 

I have looked at the paperwork and there are 2 boxes for signing.

 

 

one by Network vehicles and one for my uncle.

 

 

The Network vehicle signatures look like they are done by computer

and it also looks like they were already on when my uncle received the documents.

 

 

Am I right in thinking that he may be able to send the vehicle back as the paperwork wasnt properly executed?

[sir_gilmour]

Hi ZENTRIX9

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

[IdaInFife]

moved to motoring

[blackknight]

If it was originally through the Ltd company then he personally has no rights to the vehicle and should hand it back to network.

He will have no liability if the ltd co's name is on the lease unless he signed as a gaurantor.

 

Hi, my uncle signed for a vehicle through his ltd company which went into liquidation a few weeks later. He then went self employed and took the van on as a sole trader. I have looked at the paperwork and there are 2 boxes for signing. one by Network vehicles and one for my uncle. The Network vehicle signatures look like they are done by computer and it also looks like they were already on when my uncle received the documents. Am I right in thinking that he may be able to send the vehicle back as the paperwork wasnt properly executed?

[ZENTRIX9]

Unfortunately he signed a new contract under his self empolyed business name, but it looks like the contract that he signed was signed on behalf of network vehicles before he signed it. Would this still be valid because the pre executed the agreement. Network vehicles signatures are exactly the same on all previous contracts received (done by computer). Do they have to physically sign?

[ZENTRIX9]

I have also found out that it is an unregulated lease and it states on the lease that he is signing to waive his rights under the consumer credit act 1974. Any ideas?

[ZENTRIX9]

My uncle bought a van through his Ltd company. The company went into liquidation and he went self employed. The lease company got him to sign a new lease which was an "unregulated" lease without his knowledge or explaining to him what it was. He now doesnt need the van anymore and has found a buyer, however, after selling it he will be about £4800 short of the settlement figure he has to pay.

If he sends the cheque for the amount he sells it for and words the letter something like "I enclose a cheque for XXXX as full and final settlement" and they cash it, can they come after him for the remaining balance or does cashing the cheque constitute acceptance as full and final settlement.

 

Please help.

[Tingy]

Hi, forgive the format, it won't let me left justify for some reason. F&F's are notoriously complex and everything needs to be agreed in writing before a single penny is paid. Although many people believe writing Cashing of this cheque is aaccepting F&F or similar, it will hold no legal water! Get an agreement in writing, make sure the remainder of the debt cannot be sold on, and make sure that anything negative on your CRF will be removed and it marked as settled. Hopefully the letter below will help you get started. Apologies again for the formatting, my computer's having a funny five minutes!

Full and final settlement for any debt

 

 

Your Name & Address

Date

Company Name

Address

 

Dear Sir/Madam

 

Re: Your Reference

 

We write with reference to the money which you are claming on the above account.

 

We can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise £ ??? and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

 

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

We look forward to receiving your reply.

 

Yours faithfully

 

Your Name