
09-10-2004, 10:33 PM
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Unplugged
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Join Date: Oct 2004
Location: New York state (way down)
Posts: 177
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Signature Refusal
Strange occurence! Went to co-sign a car lease contract for my daughter. We both signed 'Without prejudice UCC1-207' as we always do.
The salesman returned to the desk we were sitting at and wanted to know what this was. I explained that we were simply reserving our rights, as codified in the UCC for contracts. (By the way, I have been doing this same thing for years and never had a problem)
He again returned and informed us that his 'higher-ups' would not accept the contract and they would not even run my credit for the lease unless we agreed to "just sign with your name."
We refused, informing the salesman that if we didn't reserve our rights at the time of contract signing, we had, in effect, given up our claim to our rights.
I received a phone call today, again informing me that in order for the contract to be 'put through' we would have to sign our names without the 'UCC stuff".
I told him that there must be something that they were trying to hide in the contract, since they seemed to be okay with reserving all <u>their</u> rights while at the same time not allowing us to reserve <u>ours</u>.
So we nixed the deal, which is a shame because my daughter really wants this car.
So, my question is - do we have some sort of legal recourse in this situation? In all the years that I have been leasing vehicles, I have never been refused, especially for the 'way' I apply my signature.
Just wanted to throw this out, as I don't know if we have any legal standing on this issue (eg. refusing to accept our signatures). After all, isn't a 'signature' a 'signature'? Who's to say what the 'signature' should or should not contain? As far as I know, the signature is one's personal 'mark'. If we 'always' mark our 'signature' in this manner, how can we be refused because we haven't 'marked' the way that someone else wants us to?
Can't wait to hear your thots on this one!
Doc
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09-10-2004, 10:39 PM
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Mental Jujitsu
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Join Date: Oct 2004
Location: California
Posts: 591
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Signature Refusal
<font color=darkblue face=tahoma>The exact same thing happened to me a couple months ago. Ford Motor Credit would NOT accept the contract with my subscription of All Rights Reserved. Its their prerrogative to accept a contract or not, so I doubt there is any recourse. I just signed the contract again without it and now I will just attack the fraud of the loan for fun later haha.
-BT[/color]
__________________
"A truth's initial commotion is directly proportional to how deeply the lie was believed. When a well-packaged web of lies has been sold gradually to the masses over generations, the truth will seem utterly preposterous and its speaker, a raving lunatic." --Dresden James
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09-10-2004, 11:10 PM
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Signature Refusal
Make them sign it first. Before you sign check to see which copy is yours. Maybe keep your finger in it. Sign slightly hidden. Converse to slightly distract while you noncholontly tear out your copy. Say, "thank you."
Prof. Jim
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09-10-2004, 11:37 PM
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Mental Jujitsu
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Join Date: Oct 2004
Location: California
Posts: 591
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Signature Refusal
<font color=darkblue face=tahoma>Yeah, i thought of that, but thats not how it works - at least not for the big Motor Credit companies.
You sign, then the contract (or an image of the signed contract) is sent to the credit company before they fund.
I went over everything I could think of before i gave up and re-signed the contract.
-BT[/color]
__________________
"A truth's initial commotion is directly proportional to how deeply the lie was believed. When a well-packaged web of lies has been sold gradually to the masses over generations, the truth will seem utterly preposterous and its speaker, a raving lunatic." --Dresden James
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09-10-2004, 11:54 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,393
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Signature Refusal
I beieve 1-207 is now 1-308
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09-10-2004, 11:59 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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Signature Refusal
Forget the UCC stuff when you sign... just use "All Rights Reserved".
You have no recourse. They can pick and choose to whom they lease too. Try another dealer... maybe you will find one that won't make a big stink about how you sign... keep trying until you find one.
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09-11-2004, 12:30 AM
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Come and Get Some!
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Join Date: Oct 2004
Location: Illinois(chi-town)
Posts: 5,076
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Signature Refusal
I have the same problem with the SOS when register my Tradename/Mark. They refused to register it on till i removed the disclaimer. "without Prejudice 1-207".
__________________
Resolution pending
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09-11-2004, 11:45 AM
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Mental Jujitsu
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Join Date: Oct 2004
Location: near .. illinois
Posts: 864
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Signature Refusal
My daughter signed her traffice ticket all rights reserved and the magistrate said '' So what?" When it was expalined that it was a reservation of rights, etc, he just shrugged and said so do you want to plead guitly or not guilty?
Sometimes, I guess, it just don't matter!
seeker
__________________
"A person cannot cling to anything unless she believes in it; belief always precedes action, therefore a person's deeds and life are the fruits of her belief." - Above Life's Turmoil
When every single thing you do aligns with your values,you will be among the happiest people on this earth. - Peter Thomas
Best-selling author, Century 21 world brand developer, Four Season hotel developer, and mega-success story
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