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  • Strange contract, strange DCA

    OK lets start from the beginning.

    Agreed to rent a machine for my business, minimum rental was 36 months. I didn't think it was a problem as I didn't expect to not need it.

    November 2014 it arrives. I move to different premises and they have several of the machines so don't need mine.

    October 2015 I write to them asking to close my account. They say yes but I need to pay a 20% fee. I agree. They say they will arrange for collection of the machine.

    January 2016 I speak to them on the telephone and ask again to cancel, they apologise and agree to collect machine, I agree to the 20%

    I stopped my DD at this time.

    Wrote to them a while later asking why they haven't collected the machine. NO reply.

    Letter from LPL Commercial saying they now have the debt and I need to pay £xyz

    I email the company again and point out that I had closed my account in October, they failed, closed it again in January and stopped my DD and am waiting for collection and final bill.

    Company email back apologising for their mistake, agree to collect machine on the 9th May and agree to £388 closing of account fee. I ask if I can pay this over 5 months adn they say no but that their DCA will accept longer repayments.

    I do apologise for the confusion caused with your account.

    I did not have a note left for me in regards to your account and Vanita has been on holiday since beginning of march.
    I have also not received an email from you last week until this one today.

    I will close your account with the debt collection agency today.

    I can organise collection with you for us to collect the machine to save you the hassle and cost of organising for sometime next week?

    There is a cancellation cost involved with cancelling a rental contract at 20% of the original cost – this would total £ 388.80.

    Please let me know a date which would be suitable for collection by courier (TNT) for a weekday between 9-5.
    Less than £50 per month is fine with them and i will ensure that no court action is made against you at any point of the payment process.

    Thank you for your understanding,
    Next thing I know I get an email on the 10th May from LPL saying I owe £790 adn must pay by 15th May... 5 days to pay? I think not and I didn't agree to that amount anyway!

    I reply with NO I didn't agree to this I agreed to £388

    They reply with more of the same multi font size, colours, underlines exclamation marks telling me I owe what I owe and as they are kind they will lower it to £668

    I reply with NO, please send me a copy of my signed agreement.

    No reply.... BUT, then I get a letter dated 10th May to 'Dear Sirs' (the day the above was going on) stating that

    • the machine hasn't been collected (it had been on 9th and they say this in an email dated 10th May " According to our client the machine has been collected on 9 May 2016")
    • acknowledge part payment (???) and that my balance is reduced to £790
    • I need to pay in cleared funds by 15th May


    If I fail to pay "Action will be instituted as indicated in previous correspondence without further notice."

    The letter was sent to my old address (royal mail redirect still in place for a few weeks) even though they know my current address.

    Who are LPL?
    Why are their emails written in 5th primary school style?

    I can't post the weird 'contract' I signed in 2014 up here as I don't have an image editor installed on this laptop yet (it died and had to reformat it) so I need to figure out how to redact it with paper and take a photo lol

  • #2
    Re: Strange contract, strange DCA

    Sorry I can't help, but which company was the rental agreement with, as there have been a couple of problems with companies reported. Have you still got the letter agreeing collection and fee?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Strange contract, strange DCA

      It was all done via email and I do have them still. It was a simple matter I thought but then I said I couldn't afford to pay back the £388 over 3 months could it be over more and they said no but that LPL would be happy with it.... Only LPL added charges, fines etc...

      The original 'contract' was weird too... I suspect the same person writes their contracts as the emails for LPL.. a 9 year old!

      Company is a health care rental company and I rented a sterilizer for my piercing equipment.

      Comment


      • #4
        Re: Strange contract, strange DCA

        Under (I think) the CCA, a sole trader can only be held for a contact for 18 months weather or not the contract is longer. This is why most 2 year mobile phone contracts have a renewal after 18 months.

        At the beginning of last year, I managed to get out of a 5 year photocopier contract on a technicality of the fact the company didn't check my credit worthiness at the time of taking out the contract and the fact that the sales rep didn't tell them I had DMP. This was with Ricoh and it was down to the FSB legal help line getting back to me about it.

        Comment


        • #5
          Re: Strange contract, strange DCA

          ooohhh so the contract isn't valid after 18 months?

          Comment


          • #6
            Re: Strange contract, strange DCA

            Sorry can't help Patch but I'm sure one of ours will be able to xxx
            if you do it today and you like it you can always do it again tomorrow


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              Re: Strange contract, strange DCA

              From what I learnt, and if the annual payment is less than £1500 a year. http://www.ukbusinessforums.co.uk/th...t-1974.308306/

              Comment


              • #8
                Re: Strange contract, strange DCA

                Holy contract law JLC this could be a cool coup!!!

                Thank you!!! *runs off to read*

                Comment


                • #9
                  Re: Strange contract, strange DCA

                  Hmm ok this seems to be for card machines? I was renting a sterilising machine.

                  I have replied to their letter with an email basically saying they sent it to the wrong address, with errors in it and can they please send me a copy of my CCA. I said I needed a reply by tomorrow 5pm OR to let me know they have closed my account and that I owe nothing as the errors and delay are with the hire company.

                  If they keep on then I will start the official CCA route...

                  Comment


                  • #10
                    Re: Strange contract, strange DCA

                    I have put out an sos with the the team
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #11
                      Re: Strange contract, strange DCA

                      here's another article.

                      http://www.devonsomersettradingstand...ess-contracts/

                      there is protection out there for sole traders.

                      Comment


                      • #12
                        Re: Strange contract, strange DCA

                        Originally posted by cymruambyth View Post
                        I have put out an sos with the the team

                        lol love that!

                        Comment


                        • #13
                          Re: Strange contract, strange DCA

                          I need to get my Fireworks back so i can post the 'contract' it's laughable!

                          Or I can send it via PM to someone (in admin) and they can redact it?

                          Comment


                          • #14
                            Re: Strange contract, strange DCA

                            Sit tight. I've asked Jo for advice.

                            Email me the unedited contract and a brief description please and I'll forward to Jo to assess for you
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                            • #15
                              Re: Strange contract, strange DCA

                              Originally posted by patchouli View Post
                              ooohhh so the contract isn't valid after 18 months?
                              I'm no convinced it's as simple as that....

                              What was the "machine" in question? Was it a payment PDQ or something else...?
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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