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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hi my name isXXXXX - I have a 3 year agreement with

Customer Question

Hi my name isXXXXX - I have a 3 year agreement with BMW Financial Services, taken out in July 2011, for a BMW R1200 GSA motorcycle (total value £17,750.29), and I have been making regular monthly payments of £222.86 every month since. Last week, I requested (via my local BMW dealership) a settlement figure in lieu of updating my vehicle, only to be informed that I did not have an agreement with BMW and that they could not help me. As you can imagine, this caused much confusion, as I had had to provide two means of identification during the application for credit. After much searching and exchange of correspondence, BMW issued me a copy of an agreement in the name of Anthony Holman and upon checking my Hire Purchase Agreement and invoice, found that the agreement was indeed issued in the name of Anthony Holman, although it was signed for by me; the settlement on the vehicle is £6505.36, but as the agreement is not in my name is XXXXX XXXXX?
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

It was your signature and was it signed as your name?
Customer: replied 3 years ago.

It was my signature dated 29/7/2011, but the agreement was in the name of Anthony Holman (my full name is Stuart Anthony Holman) - my intention here is not to default or defraud BMW, but to shake them into some form of action as I'd like to update my vehicle!

Expert:  UK-Justice replied 3 years ago.

In that case it is enforceable but it is just defective.

It is something the Court can remedy.

The name is wrong but I assume the address is correct, the car reg number and you have signed it.

As such because of those matters the agreement is voidable but not void.

So it can be remedied.

I hope this clarifies.

Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

Customer: replied 3 years ago.

Yes - Thank you very much.

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Expert:  UK-Justice replied 3 years ago.

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