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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My husband had an accident in a car that was in my name with

Resolved Question:

My husband had an accident in a car that was in my name with insurance in my name (he is a named driver) in 2008. Someone gave his details to Accident Exchange (a company that hires out cars at high rates) and he was persuaded to sign a credit hire agreement with them for a loan car. He signed the document (which they said was just fine) as the 'hirer' but I am listed as the hirer and the insurance that is referenced in the agreement is in my name. It's clear that it's not my signature as he's put (Mr) after his signature. I wasn't even with my husband when he was given the agreement to sign (which he had to sign there and then to get the car).
There are various complicated things happening with this now and my car insurance company, I am being pursued for the charge (over £12K) as my car insurance company haven't paid up. The car insurance company are representing me in court as I am being threatened with a CCJ. However, given that I didn't sign up to a credit agreement, can I still be liable?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know when it was signed and have proceedings been issued?
Customer:

It was signed in March 2008 by my husband. Proceedings have been issued (I think) as I received documents today from a court asking me for my side of the story, if applicable. I don't think that the statute counts here as credit period expires 51 weeks from the date that the agreement was signed.

Alex Watts : But when did the account become due?
Customer:

I'm not really sure actually. AE were assuming to get the money from my insurer believing that we were not at fault for the accident and I assume were then going to pursue my insurance company if we were found to be at fault.

Customer:

I heard nothing from them until last year with regard to them asking me to chase my insurance company and threaten them with the Financial Ombudsman.

Customer:

the exact wording of the agreement is: Credit Period: A Period which expires on the earliest of a) the date 51 weeks from the date this agreement is made, b) the data your claim against the third party is concluded by a payment which we approved as a final settlement or by a court decision or by its discontinuance or abandonment with our approval, c) the date on which we terminate this agreement under clause 6.1, d) your death or insolvency.

Alex Watts : So they are pursuing you for a contract you never signed?
Customer:

Yes, my husband signed it but it's in my name. I did not sign it and was never asked to.

Alex Watts : You are not liable.
Alex Watts : you did not sign.
Alex Watts : therefore you can't be liable for a debt you didn't agree to.
Alex Watts : it is that simple
Customer:

Oh that is wonderful news. Thank you very much indeed.

Alex Watts : You never signed. You have no contract. You have no liability
Alex Watts : can I clarify anything for you about this today please?
Customer:

That is all I needed to know. Thank you very much. Enjoy your weekend.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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