merchant rentals hire agreement

[Never-In-Doubt]

Re: merchant rentals hire agreement

Ahh

You guys live elsewhere then yea? Ok. Cheers for that!

I'll sort you a couple of templates tomorrow; if you could send me an email with the natwest letter please that'd help

Are you liquidating the company or just terminating it?

[carol01]

Re: merchant rentals hire agreement

Ahh

You guys live elsewhere then yea? Ok. Cheers for that!

I'll sort you a couple of templates tomorrow; if you could send me an email with the natwest letter please that'd help

Are you liquidating the company or just terminating it?

of course we do lol
we going to try and keep it we have alot of stock and i mean alot of stock still to sell all paid for inadvance with our own money made from the shop, so are going to do via internet instead for the moment to get us back on our feet with little overheads if you get what i mean

[Pommie]

Re: merchant rentals hire agreement

Did you ever get anywhere with this.

I too have an agreement with Merchant Rentals. The agreement is regulated by the CCA 1974.

It too insists on 12months advance notice - a fact that slipped my mind until today when after 3 years I find myself apparently committed for another 2 years as an "Extension Period"

The OFT guidelines state:

Group 8: Excessive notice periods for consumer cancellation – paragraph 1(h) of Schedule 2

8.1 A clause which states how long a contract has to run is likely to be among its most important 'core' terms. If a lesser term in small print can be used, relying on customer inertia, to extend the contract period beyond what the consumer would normally expect, it is not a core term, and is liable to be considered unfair.
8.2 Particular suspicion attaches to a term in a contract for a fixed period which, if early notice to cancel is not given, automatically commits the consumer to a renewed fixed term.
8.3 The OFT considers that an over-long cancellation notice term may also be unfair in a contract which continues indefinitely rather than for a fixed term. Consumers entering such contracts normally expect to be able to end it a reasonable time after they decide they no longer want or can no longer afford what is provided under it. If they are required to make a cancellation decision too far ahead of time, they are liable either to forget to do so when they need to, or wrongly to anticipate their future needs. In either case, the effect of the term is the same as that of an 'automatic renewal' clause – they experience an unintended extension of their payment obligations.
8.4 Terms of this kind are illustrated at Annexe A under Group 8.

Annexe 8 show this example

Group 8: Excessive notice periods for consumer cancellation

Original term

If a member does not wish to renew membership in any subsequent year then written notice of at least 4 weeks prior to the expiry of 12 months from the date of the membership certificate must be given. If such a notice is given between 2 and 4 weeks expiry, then 75 per cent of the renewal fee for the subsequent year will become payable and if less than 2 weeks of expiry then 100 per cent of the renewal fee will become payable.

Action taken

Term deleted.

The extension period IS mentioned in what I would call the small print of the Key Information but it is not defined.

What do you think the chances are of getting the agreement overturned?

[kah]

Re: merchant rentals hire agreement

Hi, I have a similar problem with Merchant Rentals and wonder if you could send me the sample letters mention.

Thanks.

[carol01]

Re: merchant rentals hire agreement

Hi, I have a similar problem with Merchant Rentals and wonder if you could send me the sample letters mention.

Thanks.

hi kah
there are no sample letters to send this is a one sided agreement that they have you every way .
sorry can not give you much advice on this, we had the same deal last year, contract was up in december asked them in july to terminate the contact in december, only to find out we had to give a years notice to get out of the contract or we would be be forced into another 3 year additional contract.
be very wary of these people as we now have a high court enforcement officer after us for a writ of 1200.00.
they wanted us to pay 430.00 to get out of the contract, the last letter we recieved was 26/10/2011 from sovereign debt recoveries stating they would commence legal action.
we have heard no more until my partner was passing our old shop and they guy who has the shop now told him the bailiffs had been there looking for him. They also left a letter at his sisters house too and tried to seize their car but after her showing them the car did not belong to him they have not been back.
they obtained a ccj on 9/02/2012 from northampton but when we have searched this on trust online(thanks to niddy pointing me in the right direction nothing shows)
the contract states hire agreement regulated by the credit consumer act 1974 but im not sure if rental agreements fall the same as credit agreements but we recieved no default notice, no court papers, nothing.
sorry i can't be of more help, when is your contract up and how many years additional have they put on your contract,

[cornishnett]

Re: merchant rentals hire agreement

new to this post thing but I have the same trouble with merchant rentals I believed I was hiring from handy pay and the lady rep arrived to see me the same week I set up so had builder's in stock everywhere etc. good timing on her part ,
long story cut short banks called in overdraft and loan, shop closed .I called them to explain and was told I had a contract for 5 years I thought I had 3 years because didn't give them 12 months notice
told them I wasn't able to use terminal any more and no longer working, cant pay etc. etc. only to find out after I left the shop and the keys with landlords lawyers' that they had been sending all letters there, and not to home address until Saturday morning surprise surprise when I received a final demand letter at home from them I then sent email offering to pay arrears left messages on the answer phone now waiting for Monday morning to call them
hoping to have suggestions on what to say to them never had ccj in my life or been to court currently got debt management for other creditors but these people have caused me to many sleepless nights and don't know what to do for the best

[Undercover Elsa]

Re: merchant rentals hire agreement

Hi Cornishnett,
Sorry to see you're having problems with these people too.
Not my area of expertise but it's been flagged up to see if anyone can help.
kind regards,
Elsa x

[carol01]

Re: merchant rentals hire agreement

hi cornishnet
it may be worth contacting never-in-doubt/clever cloggs as they has helped to a few posters on here but you will need to act fast as they dont hang around in applying to the court
good luck

[Never-In-Doubt]

Re: merchant rentals hire agreement

new to this post thing but I have the same trouble with merchant rentals I believed I was hiring from handy pay and the lady rep arrived to see me the same week I set up so had builder's in stock everywhere etc. good timing on her part ,
long story cut short banks called in overdraft and loan, shop closed .I called them to explain and was told I had a contract for 5 years I thought I had 3 years because didn't give them 12 months notice
told them I wasn't able to use terminal any more and no longer working, cant pay etc. etc. only to find out after I left the shop and the keys with landlords lawyers' that they had been sending all letters there, and not to home address until Saturday morning surprise surprise when I received a final demand letter at home from them I then sent email offering to pay arrears left messages on the answer phone now waiting for Monday morning to call them
hoping to have suggestions on what to say to them never had ccj in my life or been to court currently got debt management for other creditors but these people have caused me to many sleepless nights and don't know what to do for the best

You've not been back since you posted so when I see you online we can try and help. Until then not much we can really do.....