Hire agreement

[casbah]

Hi

What if it says "mrs smith trading as The business" at the top of the contract?

[Edz11]

can you scan and post what you've signed. what you've said indicates the CCA applies but before we start getting in deep and dirty then scanning up everything seems the best course of action.

[casbah]

Hi Ed

Thanks for your feed back, I was hoping you'd read my post.

Unfortunatley, my court case is tomorrow.

But I have really done some home work on this tonight and I have discovered some dodgy going ons.

[Edz11]

Well the thing to remember is that these are covered by the CCA if credit is given to an individual. Don't use "indemnify" "guarantor" or any other technical term in front of the Judge. Keep it simple. The reason the lender gives an individual credit is that it is easier to get it back than from a defunct Ltd co. But, that has a downside - namely the Consumer Credit Act.

 

Look at post 6. If your missus was given credit in her own right (post 12) then it is covered.

 

If it was HP then you are entitled to terminate the agreement if you've paid half the total (cash price + interest - deposit). To do so you say. in writing "I terminate under S99" and pay the payments due up to the date of termination.

 

As for dodgy goings on - they may help but it depends on the frame of mind of the Judge and how shocking they are!

[casbah]

hi ED

ok judge was not in a good mood and whooped my ass all over the place.

now I have time to draw breath I can tell you whats happened.

But first I am not the person who started this post I just jumped on the bandwagon.

 

I decided (unwisely) to start a small business in oct 2006. Found the equipment I wanted and got the info, noticed that they offered various finance deals, Lease, Lease purchase and hire.

I was particularly interested in a three month hire where after three months I could go for a hire purchase if things were working out or call it quits if they wasn't. now as I was aiming at the xmas market the three month deal sounded great so I went for that. But somewhere along the line the three month hire became a 36 month lease hire, and as this is not covered by the CCA I have no rights. The contract was non cancellable and they had the rights to all the payments upon default.

Now for the dodgy bits............... It now transpires that I have a pre-contract information form that I have not signed yet their copy has my signature. now I know that my signature could be on there because another layer was on top and had a carbon layer but the judge wasn't interested, yet this contract says I AM covered by the CCA, the judge says I'm not. The hire agreement says I am covered by the CCA the judge says I'm not, well actually there is some info on there but it is all in the favour of the finance company, what their rights are, you know to screw me for as much as they can get.

Now the three month hire states that the costs are 1,000 pounds and three months payments at 87.50 per week. I paid 2,000 + vat. so I thought I was covered,

Now I thought that because I was hiring the machine for 3 months but it was for 36 months lease, under the T&C if I defaulted I had to pay ALL the money 10K+, they served default after 4 months ( I had missed 2 payments because the guy who sorted it out wouldn't return my calls)

At NO time did they tell me my Rights to termination under the CCA section 87. Also the finance co. made it terms and conditions from the supplier that if default was served within 6 months the supplier would buy the machine back, this happened and as far as the supplier was concerned case over, but now the judge is saying I have a right to claim back my deposit from the supplier, but both the supplier and I feel that the guy who sorted the finance misled me. He gave me one lot of info under one headed note paper but the contract is with a different company, and it seems that the deposit has disappeared, there is nowhere on any paperwork that states the APR, total amount of loan, loan amount etc.

 

The judge found in favour of the claimant and stung me for 71/5k, even though they have had the full cost of the machine paid to them by the supplier, and I felt that the only fair amount they could ask for was the remaining payments to the six months, the judge said no I have to pay the additional 30 months. And I have a horrible feeling they can force me to sell my home to recover this.

 

So am I done for?

[humbleman]

hi casbah

 

Can you scan a copy of your agreement.

[casbah]

I'll try but it may not be very clear

[casbah]

I hope i've done this right

[humbleman]

toooo small

[casbah]

i'll try again

[casbah]

I can't get it to come up any larger

[Edz11]

The supplier's panicking now...mmm.

 

You needed him at the start of the court process as he'd have been an excellent witness as proof that you were entering an agreement which meant that it was covered by the CCA.

 

If you signed a hire agreement "But somewhere along the line the three month hire became a 36 month lease hire, and as this is not covered by the CCA I have no rights." then you were duped by the supplier or the person arranging the finance. If the person supplying the goods will say "we both thought it was a supply under the CCA" then the Judge may well have been wrong in law. We need to see ALL the paperwork you've had about this.

[saintly_1]

casbah I have asked for your posts on here to be moved to a thread of your own as you have actually hijacked another users thread

[rory32]

Posts moved to a thread of their own. In future plaese do not hijack other peoples threads, start a thread of your own.

[casbah]

ED

 

so how do i get the info to you?

[casbah]

Anyone?

 

I am making arrangements to see a local solicitor and any more info I should tell him/her?

[casbah]

Since my posts have been moved had no respone

[Edz11]

moved now and can read them! - the best thing is too use imageshack to host the scans

[casbah]

So you can read them????

 

whooppeeeeee but you are going to tell me they are legit aren't you?

[Edz11]

I can now read the posts (hence the silence) but cannot see the agreements!! way too small... use imageshack!

[casbah]

can you give the link???

[casbah]

http://i253.photobucket.com/albums/hh55/casbah_02/creditagreement2.jpg

http://i253.photobucket.com/albums/hh55/casbah_02/creditagreement.jpg

 

 

I think I have done it right :grin:

 

Cas

[casbah]

It has come up bigger but blurry

[casbah]

Hi

I can't find where my post has been moved to.

 

So for now I will post here and hope Ed sees it.

 

Sorry to sound ungrateful but things are going from bad to worse.

 

Quick update, the creditors have been sent an cca request but have only sent back a copy of the form I already have, so no new info there, I still have no idea how much the finance was for.

I have written to the court asking for a variation to the payment order, as the judge ruled that I only had 12 weeks to pay 71/2 k and now that has passed they are going to a second charge to my property, anymore bad luck and i will go into negative equity. Why is it one judge says one thing but another judge dismisses what he says and says something different.

Aren't the defendant supposed to be notified when the listing for the hearing is changed, ( in feb judge a said that he would adjourn to allow the claimant to give me information, and to decide if it was to go through the small claims track and to return in 2 weeks, 2 wks goes by the hearing has now became a decision hearing by a different judge and he finds in their favour) BUT I still don't know how much was financed, amount of interest etc and the creditor won't tell me. They used a broker is it him I should ask for this info? also he wanted an arrangement fee is that usual and acceptable?

 

can I have the judgement set aside, even if its just temporarily whilst I try and find out if this is covered by the CCA?

 

Cas