Merchants Rentals Plc

[Never-In-Doubt]

Re: Merchants Rentals Plc

Thanks, bloody iPhone, will sort it now

[Never-In-Doubt]

Re: Merchants Rentals Plc

Updated (link) and sent revised copy to OP - thanks Cloggy

[Never-In-Doubt]

Re: Merchants Rentals Plc

YorkshirePud, let me know if my email came through ok please. It's called "revised..."

[yorkshirepud]

Re: Merchants Rentals Plc

Yep just got to the computer and got it bud. cheers.

[Never-In-Doubt]

Re: Merchants Rentals Plc

You need to check this paragraph in the word version I sent and edit that to suit the red parts highlighted below

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.

[yorkshirepud]

Re: Merchants Rentals Plc

Ok have done that. Cheers

[Never-In-Doubt]

Re: Merchants Rentals Plc

Ok send it off with a copy of that other firms application and await their reply

[Never-In-Doubt]

Re: Merchants Rentals Plc

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.

I have now copied relevant posts from here and moved them into your own legal thread found here --> http://forums.all-about-debt.co.uk/s...Claim-Received

[julesmitch4]

Re: Merchants Rentals Plc

Hi I cant access : http://forums.all-about-debt.co.uk/s...Claim-Received is there a reason ?

[Never-In-Doubt]

Re: Merchants Rentals Plc

It's been moved into a protected legal section to protect his claim.

[julesmitch4]

Re: Merchants Rentals Plc

Ok sorry. I have got a bit lost in the threads and have agreed to pay Merchant Rentals £5.00 a month for 7 years - at least they have gone away but I hope they are eventually get their comeuppance and stop getting money from small business traders!

[Never-In-Doubt]

Re: Merchants Rentals Plc

Ok sorry. I have got a bit lost in the threads and have agreed to pay Merchant Rentals £5.00 a month for 7 years - at least they have gone away but I hope they are eventually get their comeuppance and stop getting money from small business traders!

Why have you agreed to this? Can you recall the circumstances of membership and how it was sold to you etc...?

[julesmitch4]

Re: Merchants Rentals Plc

I agreed to pay them a monthly payment because they kept hassling me and sending me default notices and saying they would take it to court if I didn't pay. I was also sent a letter from a debt collection agency.

I recall the agent fom Handeay coming into my salon and offering me a cheaper rate if I went with them. He gave me the contract to sign which I signed he did explain that it was for 36 months but no mention at all that I had to give 12 month notice in writing. All the literature was in the name of Handipay no mention of Merchant rentals at that time. I was given no choice of terminal only shown the one that I would receive. He took the contract away with him and I received it back 3 weeks later. The T&C were so small print that I did not read them. My 36 months rental was up so I decided to change to a new provider, I duly wrote a cancellation letter thinking I could give the normal 28 days notice. I then received a letter saying I had to give 12 months notice in writing. From then on I received default notices for £454.83p at my salon and my home address.

[Never-In-Doubt]

Re: Merchants Rentals Plc

Jules, leave this with me as I think it might be high time we look to get funding or help to take class action against these clowns, they are purely abusing the system and beaching the UTCCR

[julesmitch4]

Re: Merchants Rentals Plc

Thank you Mr Cool. All help would be much appreciated if not only for myself but all the others that are being abused by this company x