RentSmart have rung to ask what the problem is so I told them it was the price of the equipment. Suddenly they knocked it down from 350 to 215. I have now said that I only want some of the equipment and they are demanding I return the equipment to Manchester which is completely unreasonable. I have checked the agreement and it does say this in there but this was not pointed out when I hired the equipment. Basically they force you into a position of buying the equipment because it costs more to take it back to the address that they can specify. Nothing more than blackmail. I'm sure that they have to make sure that you understand all the terms and conditions though. Does anyone know? I should be able to return it to my local PC World.

I have just been doing a little more research and RentSmart state that they can offer you the computer equipment at the end of the lease at "market value". I wonder where they get their figures from? Is there anyone that has some inside information on this because clearly their "market value" does not take into account that the equipment is 4 years old - it is not as if it has been refurbished! Thanks

I thought that was part of the rental agreement that it had to be insured! If it is not legal is there something else I can throw at them?

I am currently having problems with RentSmart. I took out a hire agreement for a pc and less than 2 months later had to cease trading. I informed RentSmart just out of courtesy because I wasn't sure of the legalities and they informed me that I still had to pay the contract. I have just finished the lease and now they are asking that the equipment be returned or I pay an extortionate amount for equipment that is 4 years old! I am currently trying to find a tool to bargain with them. They have only been able to provide me with a copy of the original Agreement and state that they do not have the original themselves but there is no legal obligation for them to retain the original! I am waiting for a reply from someone in the hope that they will tell me that they have to keep the original Agreement. RentSmart are nothing more than crooks. Let us know how you get on.

As long as you can prove that the equipment is covered under your household policy you do not need to pay their insurance premium it's a complete [problem].

How have you got on? It is correct that you are personally liable for your business debts if you are a sole trader (it happened to me). What I don't understand is that there would be very little benefit in you purchasing computer equipment in this manner if you are not VAT registered. I have a problem with RentSmart so would be interested to know how you have got on. Johnny580

Is there a legal requirement for RentSmart to retain an original of the Agreement? I can't understand it. They state that they only have to keep a copy of the original, surely they should hold the original. The copy isn't even certified to state it is a copy of the original. I would be really really grateful for an answer to this question. Thanks very much people.

Hi MaxxPower It's just there's nothing in the Agreement so they can basically ask how much they want when realistically the equipment has been written off by them. They are asking far too much money for the age of the equipment on top of which I have had nothing but problems with them. When the changes in the VAT rate occurred they failed to send out a new invoice with the VAT changes so I paid the original amount. They then told me I was in arrears. I asked them for a VAT Invoice which stated the correct amount and then I would pay the remainding amount. I think it took something like 6 months for them to actually send me out a revised invoice which should have been done without asking. After one or two other hiccups and them accusing of myself and my wife lying to them, in particular, about me working out of the country I made a SAR Request and after reading the garbage in the file a few of their employees should become fictional authors because their story telling is second to none. Does anyone know if they have to retain the original AGreement or is it enough for them to say it is a copy of the original? Thanks

Can anyone tell me if RentSmart have to keep the original Agreement? Basically I have finished paying for rental agreement and they have now offered me the equipment at a ridiculous price considering it is 4 years old although there is nothing in the agreement about this and the Terms & Conditions do not form part of the entire agreement. I just want some ammunition to get them to reduce the price they are asking for the equipment after all I've probably paid double what it was worth! Thanks people.

Could anyone tell me if Rentsmart are required to keep the original credit agreement as they state there is no legal obligation for them to keep it as long as they have a copy! Is this correct?

I have now heard further from RentSmart and they say:- "The copy of the original is the only copy we hold, this is enough to show that you agreed to the terms of the agreement, along with the electronic evidence that shows when we generated the paperwork and how there has been nothing tampered with. Rentsmart is not obliged to retain the original agreement. Rentsmart is an appointed representative of a FSA authorised firm in connection with the sale of insurance products. However, the FSA are not the regulatory body in respect of hire agreements; this is the OFT. The advisor selling the equipment has an obligation to inform you that there are terms and conditions and to ensure you have the opportunity to read and are happy to agree to them. It is your obligation to ensure you understand the terms and conditions before signing the agreement. The terms and conditions and hire agreement when sent to the store are sent as one document and are to be printed off and presented to the customer in that way." Is this all correct?

Kind of, I can't disclose the details unfortunately, that is why I need to remove#### ###### and #### ###### from the thread.

I took out a hire agreement for computer equipment 4 year ago. I have made the final payment and now RentSmart are asking some ridiculous amount for me to retain the equipment. I have requested a signed Credit Agreement which they have supplied although I am not sure whether it is legally binding. There is no mention in the agreement that there is to be a final payment and when they have sent the agreement through PC World actually faxed the Credit Agreement to my home for me to sign. When they sent the Agreement through they failed to send through the Terms and Conditions. I have proof of this as the fax details are printed on the Agreement but not on the Terms and Conditions. Where do I stand with regard to the final payment and the equipment? Thanks

I wrote to CapQuest asking them to explain how they were going to institute court proceedings in view of the recent High Court Judgment. Their response was as follows:- Despite our numerous attempts to assist you to find an amicable solution to settle this account, the balance remains unpaid. Our investigations into your current financial position, based on the information we currently hole, are now complete and it is unfortunate that we find ourselves preparing a Statutory Demand under section 268(1)(a) of the Insolvency Act 1986 which will be completed on or around 22 Jun 11 which will be served upon you. If you do not apply to set aside the Statutory Demand within 18 days or otherwise deal with the demand, as set out in the appropriate notes within the demand, you could be made Bankrupt and your property and goods taken away from you. Any application to set aside the demand (Form 6.4 Schedule 4 to the Insolvency Rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit (Form 6.5 in Schedule 4 to those Rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application. Remember: From the date of service of the Statutory Demand (a) you have only 18 days to apply to the court to have the demand set aside and (b) you have only 21 days before we may present a bankruptcy petition You can stop this by contacting us now on 0844 248 6659 Lo call Rates Apply. As one last conciliatory gesture we are offering you the opportunity to clear this account once and for all by paying a settlement of £935.19. This is subject to you accepting the offer by 22 Jun 11. This settlement can be over a time period that can be negotiated around your current circumstances. Alternative proposals will also be considered. Is this just a threat by CapQuest or will they actually follow through? Thanks

Re: Barclaycard/Mercers/Moorcroft/Calder Financial After receiving the odd letter from Capquest over the past year or so stating that they are still looking into finding a signed credit agreement, this morning I have received a letter from CapQuest enclosing a copy of Reconstituted Credit AGreement and copy of terms and conditions . CapQuest have asked me to contact them regarding how I wish to settle the account. What do I do from here? Does the recent High Court ruling change any of this and can they legally demand payment through the courts even though they cannot provide a signed credit agreement. Thanks

After receiving the odd letter from Capquest over the past year or so stating that they are still looking into finding a signed credit agreement, this morning I have received a letter from CapQuest enclosing a copy of Reconstituted Credit AGreement and copy of terms and conditions. CapQuest have asked me to contact them regarding how I wish to settle the account. What do I do from here? Does the recent High Court ruling change any of this and can they legally demand payment through the courts even though they cannot provide a signed credit agreement. Thanks

The Will was not destroyed in her presence - the solicitor just destroyed it. The solicitor has been negligent in not carrying revocation or explaining it. The problem is that the solicitor asked us for a copy of the Will to compare against the original when the solicitor did not have the original at all. The solicitor lied to get his hands on the will so he could then stand firm and say he was the executor. The is insisting that Mum left a Will and appointed him/his firm as executor which is completely untrue. These solicitors have no scruples whatsoever. He has now written to his MP, he has started the complaints procedure with the solicitor and will proceed with the legal ombudsman when the complaints procedure is complete. I have looked on the internet about "removing an executor" and it all seems really helpful. Thanks for all your comments. It would appear that this firm of solicitors and their heavy handed bully tactics are not just in one area of law!

In addition, I have already established that myself and my remaining siblings have a claim against #### ###### for professional negligence. However the problem is that the one remaining sibling is battling with #### ###### to stand down from the Will as they are not legally entitled to act as executor but are making out that they are. I made an application for probate as though my mother died intestate - #### ###### wrote to the probate registry blocking the application - can my brother ask for a copy of that letter - #### ###### have not made an application themselves they say as there is a dispute between siblings they cannot apply - which is completel rubbish. I have a caveat on the estate and they have not "warned me off" as I would have expected.

Yes #### ###### have confirmed that #### ###### destroyed the original Will as per our Mother's instructions but they say as it was not revoked (even though it was their error not my Mother's) so they reckon they are legally entitled to be executors.

No the Will was definitely destroyed by#### ######. #### ###### have confirmed that they have a telephone note on the file to say that our Mother telephoned him and asked him to destroy the Will, that she didn't want it used and she would eventually make another one somewhere else. #### ###### should have explained to my Mother that the Will had to be "revoked" i.e. he had to destroy it in her presence of she had to destroy it herself. He didn't give her any advice just destroyed it. #### ###### asked me to send them a copy and told me they had the original when they already knew it had been destroyed. They have later confirmed this but then told my brother that the whole estate was his and he should claim it and they should act as executors. This has caused alot of friction but now my brother has concluded that the Will should have been revoked and #### ###### were using him somewhat so they could be executors of the estate. They will take no responsibility for the actions of #### ###### even though they have incorporated that firm into their own and his actions are covered under their professional indemnity insurance. Ultimately my brother wants them to concede that they have no right to be executors to the estate and our Mother did die intestate.

As you can see the partner of#### ###### is telling us that we have to sell the house so we can pay the costs that they have drummed up - their fees are absolutely extortionate as well.

I have attached a copy of an e-mail that a partner of #### ###### sent to my brother. They put the onus on our Mother that she did not revoke the Will but intended to do so. I have read some of the threads regarding #### ###### and it would appear they are extremely vicious in the way they deal with people. 2 weeks after my Mother died my Father-in-Law died and #### ###### were telephoning me demanding that we take all my mother's belongings to their offices in Leeds. I explained the situation and it was irrelevant to them. Does anyone have any ideas of how my brother could word a letter to them giving them notice that they are to stand down from acting. As you will all understand this is a very tricky company to deal with and they have no regard for our Mother's last wishes only their fees? Our Mother made the original Will with #### ###### ####### and this firm was taken over by #### ###### 6 months after our Mother rang #### ###### to destroy the Will. Our Mother died in June and in July 2010 after #### ###### had been contacted they sent my Mother a letter informing her that the firm had now been taken over and welcoming her as a valued client! You are already well aware of the facts of this matter but it is worth setting out some of them again here. Your mother left a Will under the terms of which I am the executor. In her lifetime it would appear that your mother intended to revoke that Will but for whatever reason did not do so. In the absence of an order of the court, your mother’s Will should proceed to probate so that her estate can be distributed pursuant to its terms. Those terms say that you are to receive the residue of the estate. Your siblings are not to receive anything. Your sister has placed a caveat on the estate of your late mother. The caveat remains but cannot be left indefinitely. It is difficult for me to assess what exactly is in the estate. However, your mother left a property . On the information available this appears to be the only or only significant asset. I do not have a formal valuation of this asset but it appears to be under the inheritance tax nil rate band threshold and not encumbered by mortgage. As executor I take a neutral position in the dispute between you and your sister. In effect under the terms of the Will, the house is to be sold, converted into cash and that money distributed to you less all of the testamentary expenses. Those expenses include legal costs. Significant legal costs have been incurred throughout this process. It would seem that the only foreseeable way in which those costs are to be paid is from the proceeds of sale of the house. Because of the caveat, the house presently cannot be sold. Provision must be made for those legal costs. The administration of the estate remains in limbo. At some stage of this process, you instructed solicitors to advise you. I strongly recommend that you return to them or some other independent solicitor for advice as to your position. They should then write to me with their suggestion for a constructive way of resolving these issues – including how our costs are to be paid. I am forwarding a copy of this email to your sister’s solicitors.

My Mother died in June last year. She had telephoned the solicitor a year earlier and asked him to destroy the Will as she no longer wanted to use it. The solicitor destroyed it. (this is all documented and the solicitors have put this in writing). The original Will left everything to one child (there are 4) and the solicitors as the executors. The original solicitor was taken over by a large firm #### ######. My brother and I found a copy of the will and at that point was not sure whether the original was still in existence. #### ###### asked us to send them a copy of the Will so they could compare it to the original. They later admitted they did not have the original nor did they have a copy but said that the original solicitor had not revoked the Will so they were going to give everything to one brother and act as executor. I applied for probate as though my mum died intestate but they wrote to the probate registry to block the application. I have a caveat on the estate and #### ###### have made no attempts to apply for probate they say they will sit back until the siblings have sorted out their differences. We are all in agreement that mum died intestate as she asked for the will to be destroyed. It was the solicitors obligation to advise her about revocation and he did not. My brother has asked the solicitors to back off and accept that our mum died intestate but they are refusing. He has written a formal letter of complaint and will then go through the legal ombudsman and the sra but what can we do in the meantime? The solicitors should never have started acting. They did at one point advise my brother that he should use the will as everything was left to him and they would ensure that he got everything. The solicitors supposedly act for the estate and therefore they are not allowed to advise a beneficiary. The costs they are proposing to charge for work that they should not have carried out are extortionate. They say that we have to settle this so they can get probate as the house needs to be sold so they can get their costs. Any advice?

Good news I have just been onto BT and although they can't change the billing they have reduced the direct debit to cover 1 months' costs which is half what they originally wanted to take. They have refunded the Friends and Family Mobile and have also refunded the paperless billing charges - I did have to threaten to leave but I have to say surprisingly the advisor was very helpful.

Also forgot to mention that they have also added on Friends and Family Mobile onto this bill (I have never had friends and family mobile) and they have also "realigned" some of my billing charges so I am actually being charges for 3 1/2 months' broadband in advance!