Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Hire purchase and fraud!

  • 24-05-2010 7:55pm
    #1
    jpwicklow
    Registered Users, Registered Users 2 Posts: 32 ✭


    opinions guys, this is a problem of a friends right and they ahve sought legal advice and have briefed counsel but after explaining it to me i began thinking and wondered about possible defences:

    they bought a car under a hire purchase agreement signed and left. They couldnt meet repayments and sent the car back and are now being sued for some amount which i have no clue about. They did not have a contract of the original agreement sent to them and when they asked they were told that they only had theirs and that they could only have a photocopy. It turns out that the signature in the garantor section has been forged and is nothing like the one opposite it and the address though intended to be the same is completely mispelled. this can be proved not to be the persons signature lets say. but i was struglling to make up my mind whether the contract could be set aside. My only arguement from my limited knowledge of contract law is that there was no agreement as to the terms and therefore it is not enforceable. Also if they are seeking equitable relief would the maxim he who comes to equity must come with clean hands come into force?

    iIts just interested me and i thought id ask anyone on here if they could enlighten me! this is not intended to be any legal advice nor am i related to the person. Just and interested law student. This will prob lead to a lack of replies but if anyone has opinions i'd like to hear them.


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Rely on the advice particular to the case.

    This is a HP agreement suit and subject to the rules and law applicable in such instances. There is an agreement: Offer + Acceptance = Agreement. Agreement + Consideration = Legally Enforceable Contract.

    Forging signatures is a problem alright, but it should not be fatal to the recovery of the amounts due and owing to the Plaintiff in terms of recovering against the agreement.

    I am not sure what your point is in Equity.


Advertisement