Merchants Rentals Plc

[Never-In-Doubt]

Re: Merchants Rentals Plc

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 ?

Sorry I think I'm getting confused as two of you are posting at the same times - it's my fault. Ok, you have a claim but the other guy (Yorkshirepud) does not? Yorkshirepud was sent someone else's info, hence I can help with that at the weekend.

In your case MRV -

the facts

Claim issued - 28/02/14
Deemed Served - 05/03/14
AoS plus extension to AoS (+28 days) =
Date to put defence in - Wednesday 2nd April 2014.

Keep these dates handy, you must complete AoS online and note your intention to defend and request the extra 14 days......

[Never-In-Doubt]

Re: Merchants Rentals Plc

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 ?

ok see my last post above, you DO NOT compile your defence no, you need to go online and login to the court system using the details on the claim and select AoS - you are not choosing defend the claim at this stage!!

Once you go into AoS you then tick you'll be defending all the claim and request an extension (gives you 28 days not 14) and we will then help you do the defence before the end due date, as posted above (2nd April).

Make sense,...... Now chill you do have time on your hands.

[Never-In-Doubt]

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?

Hiya

Can you please do me a favour and send me their latest letter and the copy of the incorrect data to allow me to compile a suitable response for you? So ideally, send me the letters they've sent to date and the incorrect info received, I will then know what is going on and be able to do a response for you to send off with the hope they take our warning to walk away.....

My contact email is - webmaster@all-about-debt.co.uk

Please also clarify the following;

1. Date you commenced the agreement
2. Date you believed you were eligible to cancel
3. Actual date you did request cancellation
4. Amount claimed

Thanks mate

[Never-In-Doubt]

Re: Merchants Rentals Plc

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 ?

ok see my last post above, you DO NOT compile your defence no, you need to go online and login to the court system using the details on the claim and select AoS - you are not choosing defend the claim at this stage!!

Once you go into AoS you then tick you'll be defending all the claim and request an extension (gives you 28 days not 14) and we will then help you do the defence before the end due date, as posted above (2nd April).

Make sense,...... Now chill you do have time on your hands.

Can you please scan everything and send me a copy (with your attempted defence) and then I'll pass to Andrew for you, to take a look at and see if we can help.

Likewise, can you please clarify;

1. Date you commenced the agreement
2. Date you believed you were eligible to cancel
3. Actual date you did request cancellation

4. Amount claimed

My contact email is - webmaster@all-about-debt.co.uk

I'll then come back to you asap. Remember time is against us as we only have so long to sort this out so please try and scan everything into a pdf for me.

Thanks mate

[Merchants Rent]

Re: Merchants Rentals Plc

ok see my last post above, you DO NOT compile your defence no, you need to go online and login to the court system using the details on the claim and select AoS - you are not choosing defend the claim at this stage!!

Once you go into AoS you then tick you'll be defending all the claim and request an extension (gives you 28 days not 14) and we will then help you do the defence before the end due date, as posted above (2nd April).

Make sense,...... Now chill you do have time on your hands.

Ok I've done that now. But it isn't clear to me if I automatically get the 28 days or I have to apply for it ? I've submitted an acknowledgement of service.

Before you can file a defence to the claim against you, you must make sure the following apply in your case:
you are filing your defence within 14 days of service of the claim on you (a claim is considered served on the fifth day after it is issued)

or
where separate detailed particulars of claim were served, within 14 days of service of those

or
if you filed an acknowledgement of service, within 28 days of service of the claim (or separate particulars)

I think reading this its automatic ?

[Never-In-Doubt]

Re: Merchants Rentals Plc

Its automatic mate when you do it, it tells you that when you so the AoS you get 28 days - the second option in your quote.....

if you filed an acknowledgement of service, within 28 days of service of the claim (or separate particulars)

That literally means if you file an AoS you get 28 days to file the defence. If you don't file AoS you file the defence in 14 days.

[Never-In-Doubt]

Re: Merchants Rentals Plc

Emails from both received. I'll get back to you both by the weekend.

Cheers

[Never-In-Doubt]

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?

As promised (check your email) - see letter below to send back - see how the bastards like it when you're in control - remember to fill in your name and address on the one I emailed you and remember to copy the page they sent with the other firm's details on - but write the word - COPY - through it.....

Remember do not send the copy below, but send the one in your email account as that is personalised to you, the version below is blanked for others to send if they wish - it will be added to our template letters directory on AAD.

Send recorded delivery - keep me updated with any responses:

Dear Sirs,

Reference: 123456789

I write with reference to previous correspondence in relation to the payment terminal, forced upon me at my place of work by an unlicenced and unqualified salesperson.

This letter is to be treated as a formal complaint prior to my considering legal action against you along with reporting your quite extensive unlawful actions whilst being unlicenced to carry out the activities you are attempting to carry out.

My areas of concern centre on the following points, in relation to the contract and the way in which it was generated and formed;

1. Point of Sale (agent was not authorised to give financial advice – this is a regulated credit agreement so can only be sold by a fully qualified Financial Advisor as it was an off-site cold-call sale at my place of work);

2. The agents method of sale & forceful approach – I was approached at my place of work and being a busy x store everything discussed can be heard by customers, plus I was dealing with a customer at the time the salesperson called. To get rid of him, and his pushy methods, I signed up. I did not want to and presumed I could cancel, but I was never given any fair and reflective cancellation rights;

3. Unfair relationship test within Unfair Terms in Consumer Contracts Regulations 1999 based on the forced sale without giving me time to read the agreement prior to signing and by forcing such onerous cancellation terms (12 months) on the agreement;

Going back to your last email dated 3^rd March 2014, you again state that I am bound by the terms and tied into said terms. I could possibly agree with you if the terms in question did not directly contravene the Unfair Terms in Consumer Contracts Regulations 1999, and similarly if you’d sent an authorised and qualified representative to speak to me prior to my signing the agreement in question you might find yourself with an argument, but you failed to act properly on both counts and upon further investigation it appears you are not even licenced by the OFT/FCA to conduct consumer credit business (canvas) off premises, ergo what the hell was the pushy salesman ever doing in my store?

I note the previous suggestion that s.101 CCA(1974) is not applicable within your (unfair) terms but the fact that I was only ever offered one type of terminal would immediately nullify the exclusion offered as the goods had not been selected by me (the hirer). If s.101 (4) does apply, the minimum notice period is three months. It’s not an unreasonable argument that paying for 12 months is unfair especially as it is for a relatively cheap product which is easy for you to collect from me at low cost. It seems to me that there is an imbalance in your favour caused by the length of the notice period for the cancellation of the terminal. I am more than happy to be the test case for this in court, should it be your intention to choose that route.

Now, moving away from the above slightly, it should be noted that you have also violated the Data Protection 1998, because you have sent me the application form from quite another business which contains extremely sensitive information including security questions and answers and their bank details. I am therefore left with a quandary.

1. Tell the owner of the data what you've done and take it to the press;

2. Agree to return the original as sent to me, to you, for disposal assuming it never occurred, and in return you make this outrageous demand disappear and we both walk away and never contact each other again.

I think option 2 is best for you because I will cause you an extreme headache and will fight you all the way, through court as well, because I do have a very good defence against the numerous errors you've committed throughout our working relationship and most recently when you sent me someone else’s confidential data.

Therefore I suggest you speak to your superiors about this and get back to me with either confirmation you’d like me to return the confidential data that I am in possession of with a promise the above numbered account is closed in full with no balance owing or with a claim form so I can pass this to my solicitor to fight you in court. Small Claims or not, I will fight you. A copy of the confidential data that you sent to me is attached as evidence of your mistake, and I look forward to your confirmation that this matter is now closed within the next 7 days.

Yours faithfully,

[carol01]

Re: Merchants Rentals Plc

great letter goodluck, i will contact the people that are in my inbox when they have asked for help in the past and see if this helps them too

[Never-In-Doubt]

Re: Merchants Rentals Plc

great letter goodluck, i will contact the people that are in my inbox when they have asked for help in the past and see if this helps them too

I'd rather you referred them to AAD to join the forum

[carol01]

Re: Merchants Rentals Plc

I'd rather you referred them to AAD to join the forum

they are on the forum they just sent private messages

[Never-In-Doubt]

Re: Merchants Rentals Plc

they are on the forum they just sent private messages

You're too bloody clever

We can look at each case individually - so best that people that have PM'd reply here and we'll try and go through each one individually - yours sadly seems to have gone a bit far but isn't Cloggy helping you with a letter?

[carol01]

Re: Merchants Rentals Plc

You're too bloody clever

We can look at each case individually - so best that people that have PM'd reply here and we'll try and go through each one individually - yours sadly seems to have gone a bit far but isn't Cloggy helping you with a letter?

there is nothing anybody can do with ours sadly but they havent been intouch and if they do and they are hceo then i know they are not allowed to collect on a regulated agreement so i have that up my sleeve if they do return

[Never-In-Doubt]

Re: Merchants Rentals Plc

I have also received a court summons from Merchant Rentals for £430 approx plus costs...

I have formally passed this over to Andrew (solicitor) to see what he says - good luck.

I've given you legal access so you can go to our legal section and read other defences etc - I won't split your thread yet, it's easier to follow staying in this dedicated thread about Merchant Abusers.

[CleverClogs (RIP)]

Re: Merchants Rentals Plc

the version below is blanked for others to send if they wish - it will be added to our template letters directory on AAD.

I do hope it will make sense before it becomes a template letter.

Send registered delivery - keep me updated with any responses:

Do you mean Recorded Delivery - which is tracked only at the point of delivery, if at all - or Special Delivery, which is tracked throughout transit and which replaced the old Registered Post?

I write with reference to previous correspondence in relation to the unlawfully generated payment terminal, forced upon me at my place of work by an unlicenced and unqualified salesperson.

Eh? How was the terminal "unlawfully generated"?

3. Unfair relationship test within Unfair Terms in Consumer Contracts Regulations 1999 based on the forced sale without giving me time to read the agreement prior to signing and by forcing such exuberant cancellation terms (12 months) on the agreement;

Are you quite sure that you meant "exuberant" (link) rather than "onerous" (link) or "extortionate" (link) or "oppressive" (link) ?

Now, moving away from the above slightly, it should be noted that you have also violated the Data Protection Act 1998, because you have sent me the application form from quite another business which contains extremely sensitive information including security questions and answers and their bank details.

IFYPFY.