Merchants Rentals Plc

[carol01]

Re: Merchants Rentals Plc

Leave this with us till the weekend as we'll try and come up with a suitable blanket response for you. Thing is would any of you really want to argue this in court and be a guinea pig? I suspect not so where do we draw the line? It's pointless fighting out of principle to back off if they issue a claim. As it's under £10k (small claims track) you'll not have costs so it might be worth taking them on and seeing how a judge deals with the unfair contract argument......

Carol - is yours sorted now or still arguing?

not arguing, but is still not sorted as hceo have been and delivered letter for just over 1230.00 never phoned them back and they upto now have not contacted us that was about a year ago

[Never-In-Doubt]

Re: Merchants Rentals Plc

HCEO - did they obtain a judgment?

[carol01]

Re: Merchants Rentals Plc

HCEO - did they obtain a judgment?

yes they did i was searching high court judgements when we spoke last time and it didn't show i phoned trust online and yes there is a ccj for 686.00 ish but as i said they posted a letter at our address we didn't contact them back and have not heard anything since

[Merchants Rent]

Re: Merchants Rentals Plc

Lee, I'd not be arguing so much the point of cca early termination; the points we'd look to argue are

1. Unfair Relationship
2. Point of Sale (was agent authorised to give financial advice as this falls under cca)
3. Cancellation rights
4. UTCCR 1999
5. Agents method of sale & forceful approach

they're the arguments I'd be using; at first glance but as I say I'll sort an argument for you at the weekend as I'm a bit busy just now.

Hi

I'm tempted to be the guinea pig !

I have also received a court summons from Merchant Rentals for £430 approx plus costs.. so now over £600 ! I'm considering contesting on the grounds of it being an "unfair contract" and because I can get legal cover via the FSB.

I thought I would apply to have it heard at my local court.. and would advise others to do the same (even if you settle before it goes that far) as it makes life more difficult for them drags things out and will add costs sending people to act for them in many courts. It suits them to have multiple cases heard in one Northampton court.. because many just won't turn up and they win by default. It costs them money and causes them hassle to send someone to act on their behalf.
If they win could they claim additional costs from me for this ?

I also thought of asking the court for full document disclosure ?

I note your points above.. and will discuss these further with the legal people.

These are obvious unethical people so...
I would like a strategy that drags things and adds costs and hassle for them at every stage. What sort of minimum payment can I get away with..etc. Basically a strategy that others could use if they are in this position. It would appear MR have decided to take a lot of people to court at the same time so this could cost them loads if they have to send legal reps all around the country.

What are likely to be the total costs of making this a test case in court ?

Look forward to an early response as I need to discuss it with FSB's legal team make decisions and respond to the summons.

Any tips and advice on what you would do in my position would be welcomed.

[julesmitch4]

Re: Merchants Rentals Plc

Hi

I'm tempted to be the guinea pig !

I have also received a court summons from Merchant Rentals for £430 approx plus costs.. so now over £600 ! I'm considering contesting on the grounds of it being an "unfair contract" and because I can get legal cover via the FSB.

I thought I would apply to have it heard at my local court.. and would advise others to do the same (even if you settle before it goes that far) as it makes life more difficult for them drags things out and will add costs sending people to act for them in many courts. It suits them to have multiple cases heard in one Northampton court.. because many just won't turn up and they win by default. It costs them money and causes them hassle to send someone to act on their behalf.
If they win could they claim additional costs from me for this ?

I also thought of asking the court for full document disclosure ?

I note your points above.. and will discuss these further with the legal people.

These are obvious unethical people so...
I would like a strategy that drags things and adds costs and hassle for them at every stage. What sort of minimum payment can I get away with..etc. Basically a strategy that others could use if they are in this position. It would appear MR have decided to take a lot of people to court at the same time so this could cost them loads if they have to send legal reps all around the country.

What are likely to be the total costs of making this a test case in court ?

Look forward to an early response as I need to discuss it with FSB's legal team make decisions and respond to the summons.

Any tips and advice on what you would do in my position would be welcomed.

Hi I offered to pay them £5.00 a month which they initially refused but today I have received an email from them saying they will accept £5.00 a month within 7 days to arrange and then on the 14th of the month thereafter. Not sure what to do its a temptation to accept just to make them go away but its a debt they forced upon me with their unfair and unjust contract terms.

[Merchants Rent]

Re: Merchants Rentals Plc

Hi I offered to pay them £5.00 a month which they initially refused but today I have received an email from them saying they will accept £5.00 a month within 7 days to arrange and then on the 14th of the month thereafter. Not sure what to do its a temptation to accept just to make them go away but its a debt they forced upon me with their unfair and unjust contract terms.

Thanks for this. I'd pay for two or three months then cancel the payment and make them start all over again. I've traded ethically for 30 yrs but as far as I am concerned all's fair etc..

Have they issued a summons ?

I've posted to Facebook and Linkedin (FSB business forum) about this firm's practices so please share/copy and like my post.
PM me for the links.. lets hit them were it hurts !

[Never-In-Doubt]

Re: Merchants Rentals Plc

Links where and for what?

Maybe pm me before trying to entice our users to another site. If the links are useful I'll let them go public. If it's a sham I won't.

Thanks

[julesmitch4]

Re: Merchants Rentals Plc

I have received no summons only threats and default notices, which I reply to politely every time. Shall I pay £5.0 for a few months then start all this over again? I have ben trading 10 years and not been treated like this before. £.00

[Merchants Rent]

Re: Merchants Rentals Plc

Links where and for what?

Maybe pm me before trying to entice our users to another site. If the links are useful I'll let them go public. If it's a sham I won't.

Thanks

The gloves are off as far as I am concerned.

Didn't want to give my identity away easily if they pick up on these posts.. so suggested PM's ! The links are to my Facebook post and Linkedin BUSINESS FORUM posts.. I'll be happy to send them via PM to you to check out.

I'm also using hashtags to tweet about this.. #merchantrentals #merchantrentalripoff
#ripoffmerchantrentals

Lets turn up the heat on them

I also found this via twitter.
http://eventphotographersociety.com/...usinesses.html

[Merchants Rent]

Re: Merchants Rentals Plc

I have received no summons only threats and default notices, which I reply to politely every time. Shall I pay £5.0 for a few months then start all this over again? I have ben trading 10 years and not been treated like this before. £.00

I'm no legal expert but my idea is that if we.. (and there do seem to be quite a few of us caught out by this) make life as difficult as possible for them... drag things out..damage their reputation..mud sticks. It will damage their business. I got caught by a TELECOMS company a few years back they wanted £800 to cancel there reputation was shot to bits within 12mths. Post about this on business forums..

The main danger is that they might take you to court without further notice.. but nothing to stop you starting payment again.

Here is an interesting point.. does it say anything in the T&C's about claiming the full amount before it is due ?

[Merchants Rent]

Re: Merchants Rentals Plc

Ok.. I've had a bit of encouraging news. I contacted the Federation of Small Business of which I am a member and they have been challenging these types of rollover contracts.

As a result the energy companies have withdrawn them.. as have firms in other sectors. Basically these contracts are on their way out and considered to one sided for even our beloved energy companies.

They've asked me if I can gather case studies which they will submit to the Office of Fair Trading. I would like to forward them copies of the contracts posted here ? Also if anyone would like to send a record of their dealings I will send this to them.

Personally I'd stop paying them right now.. and tell them they are being reported to the Office of Fair Trading.

[yorkshirepud]

Re: Merchants Rentals Plc

I had spoken with places like citizens advice and others and always told that Merchant Rentals basically had you in every way possible because of the unfair one sided terms of the contract. They do say try going for unfair terms but have never heard anyone challenge this with them yet. I thought I had a case with the early termination after 18 months as per the consumer credit act hire agreements section with me been self employed as I was told by the handepay rep but it seems they also have answers for that too even though at the very top of the contract it says "Hire agreement regulated by the consumer credit act 1974".

I have even spoken to Handepay about what there rep told me and they said they could not comment on what I was told at the time of signing up but the cheeky gets did try to get me to sign back up with them with an even cheaper deal in which my response was "are you still dealing with Merchant Rentals" to which they replied "yes" so I told them "well I am sure you can guess what my answer to that will be then don't you".

Anyway, if it helps, a copy of my contract is attached (with personal data blanked out), terms are same as what have been posted by other users before.

[Never-In-Doubt]

Re: Merchants Rentals Plc

If the salesmen were not financially qualified to sell a regulated product you'll have em. That's what I'm trying to look into now/tmw.

[Never-In-Doubt]

Re: Merchants Rentals Plc

I had spoken with places like citizens advice and others and always told that Merchant Rentals basically had you in every way possible because of the unfair one sided terms of the contract. They do say try going for unfair terms but have never heard anyone challenge this with them yet. I thought I had a case with the early termination after 18 months as per the consumer credit act hire agreements section with me been self employed as I was told by the handepay rep but it seems they also have answers for that too even though at the very top of the contract it says "Hire agreement regulated by the consumer credit act 1974".

I have even spoken to Handepay about what there rep told me and they said they could not comment on what I was told at the time of signing up but the cheeky gets did try to get me to sign back up with them with an even cheaper deal in which my response was "are you still dealing with Merchant Rentals" to which they replied "yes" so I told them "well I am sure you can guess what my answer to that will be then don't you".

Anyway, if it helps, a copy of my contract is attached (with personal data blanked out), terms are same as what have been posted by other users before.
[ATTACH=CONFIG]11241[/ATTACH]

any chance you can mail me these unedited so I can properly look? I'll obviously upgrade your access rights as well

thanks

webmaster@all-about-debt.co.uk

[yorkshirepud]

Re: Merchants Rentals Plc

I have just sent it to you now.

Many thanks.