Merchants Rentals Plc

[Merchants Rent]

Re: Merchants Rentals Plc

If the debtor is a limited company I don't think the CCA applies whatever the contract might say in its heading. Its a business machine hired by a business to help it conduct its business so subject to what others have to say I think the CCA may be a red herring.

The question then for me is.. "which law governs this agreement ?"

Shouldn't they have one type of agreement for Limited Companies and another for individuals ?
IYO Does stating the wrong law governs the agreement invalidate or weaken it ?

If they state CCA governs the agreement can they really turn round and say.. well actually it doesn't but the agreement is still valid ?

[Merchants Rent]

Re: Merchants Rentals Plc

Unfair Contract Terms Act 1999
Definition of Unfair[edit]

Regulation 5(1)^{[n 3]} defines the principle of unfair:

• If a contractual term has not been individually negotiated^{[n 4]} and
• the term causes significant imbalance in the parties rights and obligations, then
• the term is contrary to the requirement of good faith.

"Has not been individually negotiated" encompasses terms of which the consumer has not had the opportunity to mould. Terms that have been individually negotiated are outside this regulation, while other contract terms may be within the regulation.^{[n 5]}
"Causes significant imbalance". For a term to be deemed unfair, this requires the term to be to the detriment of the consumer and benefit the seller or supplier to an excessive degree.

Found this over the weekend.. my reading is that this means you shouldn't write something into your terms and conditions that changes the basic's of the agreement ?
In this agreement there are 3 instances of this as I see it in this agreement

1. the agreement is regulated by the CCA but state it is not in the T&C's. Surely there should be one type of agreement for individuals and another for companies.

2. The 12th Notice period prior to ending the contract.

3. The 2 yr roll over period

These are not included in the main agreement but are stated in the terms & conditions. and they certainly were not negotiated in advance.

I'm interested in opinions on this..

[Merchants Rent]

Re: Merchants Rentals Plc

Unfair Contract Terms Act 1999
Definition of Unfair[edit]

Regulation 5(1)^{[n 3]} defines the principle of unfair:

• If a contractual term has not been individually negotiated^{[n 4]} and
• the term causes significant imbalance in the parties rights and obligations, then
• the term is contrary to the requirement of good faith.

"Has not been individually negotiated" encompasses terms of which the consumer has not had the opportunity to mould. Terms that have been individually negotiated are outside this regulation, while other contract terms may be within the regulation.^{[n 5]}
"Causes significant imbalance". For a term to be deemed unfair, this requires the term to be to the detriment of the consumer and benefit the seller or supplier to an excessive degree.

Found this over the weekend.. my reading is that this means you shouldn't write something into your terms and conditions that changes the basic's of the agreement ?
In this agreement there are 3 instances of this as I see it in this agreement

1. to state the agreement is regulated by the CCA but state it is not in the T&C's
2. The 12th Notice period prior to ending the contract
3. The 2 yr roll over period
These are not stated in the main terms but are stated in the terms & conditions.

I'm interested in opinions on the above..

Going back to Clever Cloggs saying that I should request a copy or original of the agreement ? I'm still not sure to whom I make that request and for what reason ?
They attached a copy of the agreement with the summons so I'm unclear why I should do it ?
Is it to request production of the original agreement ?

I notice the use of the words "good faith" in quite a lot of legal stuff I've been reading. Does entering into an agreement in "good faith" have any relevance here ?
I've met the terms of the agreement as I understood and "negotiated" them.

"In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in every contract in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of thecovenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circumstances and understandings between the parties."

I need to make a decision on whether to defend this in the next few days so I welcome all feedback advice etc. Don't worry I've read the disclaimers, its all entirely at my own risk. .

[Never-In-Doubt]

Re: Merchants Rentals Plc

Is the above shit from wiki? Try and NOT read crap from an editable source with no control. Instead head to the proper legislation website an dead the acts there......

Official Act --> http://www.legislation.gov.uk/uksi/1.../contents/made

OFT Hub --> http://www.oft.gov.uk/business-advic...led/explained/

[Merchants Rent]

Re: Merchants Rentals Plc

Is the above shit from wiki? Try and NOT read crap from an editable source with no control. Instead head to the proper legislation website an dead the acts there......

Official Act --> http://www.legislation.gov.uk/uksi/1.../contents/made

OFT Hub --> http://www.oft.gov.uk/business-advic...led/explained/

The Unfair Terms in Consumer Contracts Regulations 1999

You are here:

• 1999 No. 2083
• SCHEDULE 2 H)

My guess is that it hinges on the definition of "consumer" ?

Why would a contract term be considered unfair for individuals but not a business ?

[yorkshirepud]

Re: Merchants Rentals Plc

Little bit if an update. I have just received a final demand this morning from merchant rentals asking for payment in 7 days. Now what they have also done is attached another companies contract to my letter (including all their bank details). Are they in breach of anything with this?

[Never-In-Doubt]

Re: Merchants Rentals Plc

Oh goody they are indeed - DPA fuck up...... You can use that to negotiate (bribe)..... We've successfully used it a few times on here to help debtors get an account wiped

[yorkshirepud]

Re: Merchants Rentals Plc

Oops lol. Is there a certain way I need to approach this with them then as I don't just want to get in touch all guns blazing. The contract they attached basically has owners details on it, bank details, agreement amounts and signatures.

[Merchants Rent]

Re: Merchants Rentals Plc

Little bit if an update. I have just received a final demand this morning from merchant rentals asking for payment in 7 days. Now what they have also done is attached another companies contract to my letter (including all their bank details). Are they in breach of anything with this?

What is a DPA f*** up ?

My contract has the company named wrongly would this also apply ?

Would any of you guys be willing take a look at a draft of my defence and suggest more legal sounding amendments ?

[Deepie]

Re: Merchants Rentals Plc

What is a DPA f*** up ?

Data Protection Act

[Never-In-Doubt]

Re: Merchants Rentals Plc

Data protection, how'd you feel knowing all your personal and bank details were sent to another firm?

Hold fire till weekend and I will sort you a reply of you want.....

[Merchants Rent]

Re: Merchants Rentals Plc

Data protection, how'd you feel knowing all your personal and bank details were sent to another firm?

Hold fire till weekend and I will sort you a reply of you want.....

Summons was issued 28th Feb.. and I believe I have five days after that then 14 days to send a defence ?

[yorkshirepud]

Re: Merchants Rentals Plc

Cheers bud

[Never-In-Doubt]

Re: Merchants Rentals Plc

Summons was issued 28th Feb.. and I believe I have five days after that then 14 days to send a defence ?

WTF - a summons was issued?

Did you complete the AoS online intending to defend and request longer (ie 28 days)...?

[Merchants Rent]

Re: Merchants Rentals Plc

WTF - a summons was issued?

Did you complete the AoS online intending to defend and request longer (ie 28 days)...?

No.. not yet. I've been working on getting my defence together ! I'm assuming I can do this at any time before the 14 days is up ?