Contract hire extension rental - statutory demand

[B-B]

Hi,

 

We had a vehicle on a 2 year contract hire between 2006-08, all sums due under this agreement were paid, save excess mileage, rectification etc.

 

However at the end of the hire period we retained the car and called the company to request an extension quote. We heard nothing for six months and called back to be told we would receive a quote etc.

 

At no time was the vehicle requested back or un-lawfully witheld. Just over a year later we received a letter requesting the vehicle to which we complied and it was picked up.

 

We then received invoices for the full years rental at the original rates and have now received a Statutory Demand for the rental plus costs ?

 

Advice ?

[sequenci]

Do you have a copy of the original contract and proof that all the payments were made?

[B-B]

Yes, all 24 payments including deposit were taken from our bank account. This was a Regulated Hire Agreement

 

This is even marked as settled with the CRA's.

 

The Stat Demand states invoices have been raised for "extension rentals"

 

Thanks in advance.

[sequenci]

Thanks for the clarification.

 

You should apply to have the statutory demand set aside. The other party are unlikely to be able to prove that a contract extension ever took place.

 

Do you live in mortgaged or rented accomodation?

[MARTIN3030]

What does the terms and conditions say about extension of rentals ?

Were no communications made in writing following the 2 year hire end by either party ?

What was the total period (dates) between expiry of the 2 year hire and them contacting you ?

How were the payments taken from you/paid by you during the original term ?

[B-B]

Hi all,

 

We live in a joint mortgaged property, with the agreement in question just being in one name.(Minimal equity in the current climate mind)

 

The original repayments were made via d/d for a period of 24 months, after these they stopped trying to collect and marked the account as settled on our credit file.

 

We had the vehicle for just over a year after the end of the contract in total. We never agreed any extension, verbally or otherwise and just received invoices.

 

They also never taxed the vehicle after the original period and we couldn't because the vehicle was registered to them.

 

The original agreement doesn't say anything about extension rentals. Just the usual "vehicle remains the property" etc "shall be given up when demanded" etc

 

Thanks for the replys, its appreciated.

[sequenci]

Did you contact them within the year to try and have the vehicle taken back at all?

[MARTIN3030]

Ok the burden of proof will be on them to show breach-which clearly they will be unable to do.

If there had been any extension agreed,then its reasonable to assume that they would have not left it so long to demand arrears,and would have continued to take DD payments,or if the mandate was cancelled,question why.

Was this regulated under the CCA ?

As Sequenci says,this needs to be suspended/set aside.

In addition it may be needed to submit a full SAR.

You may also have recourse under UTCC-Sole traders and Partnerships have been known to use this.

In any event,if it is regulated under CCA,you also have protection there.

What name was the agreement made under just out of interest ?

I take it this is not a limited company ?

[MARTIN3030]

Sorry to mention the business angle-obv this may not apply here-can you confirm

[B-B]

Thanks very much guys...........

 

Sole name, private individual, my wife's.

 

We telephoned to ask for an extension quote as we always wanted to keep the vehicle but were just passed around by whoever at the call centre. It was around the time the banks, including this one were collapsing and being bailed out etc.

 

The agreement is labelled, Hire Agreement Regulated by the Consumer Credit Act 1974. (I'll scan it shortly)

 

UTCC - ? Please expand

 

Should we respond to the solicitors named in part B stating we dispute the amount etc or apply straight to the court named ?

 

Agreement Scans Attached - If you wouldn't mind having a look ?

 

Ag

[MARTIN3030]

Ok thank you.

UTCC =Unfair Terms in Consumer Contracts it has a multitude of recourses.

I think as well as the Court,out of Courtesy it would be good to inform the Solicitors of the situation.

What about pre action protocols ?

This is a concerned with the claimants efforts to try to reach a settlement or agreement with you before commencing proceedings.

Can you confirm that this has just come out of the blue,and that you were given no forewarning of a stat demand ?

[MARTIN3030]

I have never personally had to deal with a stat demand,but we have lots of people here who have.

An application to have it set aside,will likely involve a hearing,you will need to be prepared for this and so some homework will need to be done.

Time is of the essence.

[B-B]

No, Just before the holidays we did receive a demand for Payment in full letter ?

[MARTIN3030]

The images on the attatchments are very small.

I will ask someone to pop in and give some instructions for posting them.

[B-B]

Thanks Martin

[dx100uk]

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

 

dx

[citizenB]

What was the time lapse between your receiving the invoices and the date on the stat demand ?

 

I am puzzled because they had access to your bank account and could have continued taking the direct debit ?

[citizenB]

Some links to statutory demand information

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?263152-Template-On-6.4-And-6.5-Statutory-Demands-People-Still-Getting-It-Wrong

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219589-MBNA-are-trying-to-make-me-bankrupt

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287987-help-with-a-statutory-demand&highlight=Statutory+Demand

 

There are three links above, all will show what information/reason you need to set aside and also how to complete the paperwork.

 

Any problems, just shout and someone will hear you

Edited January 17, 2011 by citizenB

[MARTIN3030]

Can you say what date is on the comms in relation to the SD

[B-B]

Thanks,

 

Yes its been puzzling alright !

 

The bank in question was bailed out and I think their admin went up the wall for a bit so I'm not sure if that contributed !

 

Have written to solicitors. The particulars state: monies claimed pursuant to the terms of agreement (no agreement number or details) but the agreement states 1. The agreement shall subsist for the period of hire. (Which was fixed for 24 months) 2. No agent, employee etc can alter, warranty or extend the terms of the agreement in confirmed in writing and signed by an authorised signatory of the owner etc etc....

[B-B]

SD dated 11-01-2011

[MARTIN3030]

ok

I am going to move your thread into the legal forum.

[citizenB]

SD dated 11-01-2011

 

Ok, so I think you have 18 days (or is it 21) to get this submitted.

 

Have a read of the links I gave you earlier and see if you can make any use of the information there.

[B-B]

Thanks Citizen B, the links were useful.

 

Which angle is best to pursue. The fact that no agreement for any extension was made or defend on points stated in the OA ?

 

The original agreement states no variation or addition can be made unless expressed in writing and signed by authorised signatory.....

 

and

 

Period of Lease: This agreement shall subsist for the period of hire. (this was fixed for 24 months)

 

I have written to the other side (as named in part B) to state we dispute the amount claimed (obviously we would expect to have to pay something) That we never agreed to any extension (despite repeated request for a quote) and that we would pay any money legitimately due.

 

I have asked for a full breakdown of costs and charges.

[B-B]

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