Merchants Rentals Plc

[julesmitch4]

Re: Merchants Rentals Plc

My contract with Handepay states Hypercom T4220 no choice was given to me. Is this helpful? I offered MR £5.00 a month Merchant Rentals have sent me an email dated yesterday :
Dear Julia

I have spoken with xxx with regards to your offer and we have decided to avoid further costs for both parties we will accept your payment plan. First payment to reach us in the next 7 days. Further payments to reach us by 12^th of every month for next 86 months and last payment to be £4.95.


If you default on this agreement we will take legal action without further notice.

I look forward to hearing from you.


Regards
Are MR getting desperate! I am getting on a bit so in 86 months I may not be on planet earth any more! I wonder if MR will still be doing this to other sole traders in 7 years from now!

[CleverClogs (RIP)]

Re: Merchants Rentals Plc

I thank you both for the copy of the Terms and Conditions, which certainly seem to explain why the sales wallah was in such a hurry!

I do note that there is no term or condition concerning severability (my link - glossary) of any of the other terms or conditions to the contract which does seem odd. Perhaps the person(s) who drew up those terms had not read section 12 (link) of the Unfair Contract Terms Act 1977 which defines whether or not a person is "dealing as a consumer" and which places the burden of proof upon those claiming that a party is not dealing as a consumer to prove that they are not dealing as a consumer.

It may also be useful to see the contract with Handepay Limited with which the terminal hire contract was linked. If the type, manufacturer and/or model of terminal was specified in that agreement, then the hirer plainly cannot have selected the item to be hired and section 101 of the Consumer Credit Act 1974 would seem unlikely to be capable of exclusion.

[Never-In-Doubt]

Re: Merchants Rentals Plc

Agreed. I've just emailed you that exact same theory. Lol.

[yorkshirepud]

Re: Merchants Rentals Plc

Handepay/Merchant Rentals tend to target sole traders and small businesses i.e people who they say would not have much chance getting a merchant account with the high street banks.

[Never-In-Doubt]

Re: Merchants Rentals Plc

I'm sure Carol was a sole trader iirc...

[CleverClogs (RIP)]

Re: Merchants Rentals Plc

Was the CCJ against you (a person) or your business?

If Carol was a sole proprietor it would make no difference.

If the business was a limited company, then it is a separate entity from its director(s) and the HCEO can be told to get knotted.

[Never-In-Doubt]

Re: Merchants Rentals Plc

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

Was the CCJ against you (a person) or your business?

[Never-In-Doubt]

Re: Merchants Rentals Plc

Please be our guest; let's see how they like one of your beauties - thank you

What I mean by the above post is that clever clogs isn't called that for no reason. These "spivs" bully small businesses and hide behind false claims amongst very confusing terms. That said, our Cloggy is very apt at deciphering said terms; hence I'd like to see how they respond once he does a response template for you citing their errors. Will they fight or flight...?

[Never-In-Doubt]

Re: Merchants Rentals Plc

Please be our guest; let's see how they like one of your beauties - thank you

[CleverClogs (RIP)]

Re: Merchants Rentals Plc

I'll gladly write something if you wish, but it would be neither witty nor impolite.

I would point out that, in the present trading conditions, a notice period of twelve months is plainly unreasonable. I would then state that the model and make of terminal had been selected by the sales representative and/or Handepay Limited rather than by the hirer and that, in consequence, section 101 of the Consumer Credit Act 1974 does apply and that the minimum notice period is three calendar months.

I'd like to see how those spivs inflated an alleged debt of £490 to a claim exceeding £600 - presumably so they may use a HCEO to collect should they win.

[Never-In-Doubt]

Re: Merchants Rentals Plc

Good man

So how would you suggest these poor posters deal with this shoddy outfit? Don't suppose you fancy creating a Cloggy-template for us do you? We'd really appreciate it as this is quite complex and not my area of knowledge.

Thanks

[CleverClogs (RIP)]

Re: Merchants Rentals Plc

Thinking about this Cloggy, what's your take on a pressure sale by a probably unlicensed person at a place of work (sole trader)? I'm thinking UTCCR 1999 won't apply as this is technically a B2B contract but, and here's the thing, it is regulated under the CONSUMER credit act so could we argue unfair terms or not, assuming it's a b2b agreement....

Well ... as the officers of the companies are different, it would be less easy to shew that one company was an associate of the other, but any documentation that could prove that Handepay Limited would only accept one model of terminal would seem to nullify the exclusion offered by section 101 of the Consumer Credit Act 1974 (link) as the goods had not been selected by the hirer.

If section 101 does apply, the minimum notice period is three months.

[Never-In-Doubt]

Re: Merchants Rentals Plc

delete

Any more breaches out there mate....?

[Never-In-Doubt]

Re: Merchants Rentals Plc

Good man.

Thinking about this Cloggy, what's your take on a pressure sale by a probably unlicensed person at a place of work (sole trader)? I'm thinking UTCCR 1999 won't apply as this is technically a B2B contract but, and here's the thing, it is regulated under the CONSUMER credit act so could we argue unfair terms or not, assuming it's a b2b agreement....

thoughts appreciated & well spotted re the lack of licence

[CleverClogs (RIP)]

Re: Merchants Rentals Plc

Consumer Credit Act Licences - I had to search by postcode, as the name search at the Office of Faffing and Twaddling did not work!

Handepay Limited and Merchant Rentals plc share the same addresses.