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Jamie-Law
Jamie-Law, Solicitor
Category: Family Law
Satisfied Customers: 5370
Experience:  Solicitor
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My daughter purchased a sofa through a hire purchase

Customer Question

Good evening.
My daughter purchased a sofa through a hire purchase agreement. She was to be married and there was an agreement (verbal) that her parents-in-law would make the payments as a wedding present. Unfortunately her new husband committed adultery shortly after they were married and the marriage subsequently broke down. Her in-laws agreed to take possession of the sofa and continue payments.
To this effect they completed a Direct Debit Mandate and commenced payments. In November 2016 a payment was missed, refused by their bank. I wrote to them and they responded requesting a new mandate. The content of their letter shows their agreement to continue payments for the remaining term. The payment has just been refused by their bank, two attempts were made and both rejected - we have met the payment. I have again written to them requesting payments resume and also requesting they make good the deficit. I have no response to my letter of a fortnight ago. Another payment falls due this week.
Given I have possession of their correspondence intimating readiness to pay for the sofa of which they have possession and the fact they have previously competed Direct Debit Mandates to this effect can you please advise what legal recourse we now have.
Many thanks.
C Drummond
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
I should add that payments did resume and continued until the direct debit was returned as unpaid in April, I should have made this clear.
Expert:  Jamie-Law replied 6 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?

Customer: replied 6 months ago.
Hello Jamie.
We just need some help as to how to proceed. We're not in a position to incur expensive costs nor is our daughter and we can ill afford to make payments particularly for something that isn't even in our possession. Obviously to avoid falling into arrears with Barclays Finance payments will have to be met.
What legal steps, if any, can we take bearing in mind we have had no response from the other party?
Is their letter a binding agreement?
Regards.
C Drummond
Expert:  Jamie-Law replied 6 months ago.

Who has the sofa?

Customer: replied 6 months ago.
Hello.
The other party took possession of the sofa in June 2016 stating they would assume responsibility for payments
Expert:  Jamie-Law replied 6 months ago.

You need to write and set out your losses and request a refund of the payments within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 6 months ago.
Hello.
You haven't actually answered my question. Can you please re-read my opening question, the questions you have put to me are already answered in that.
I wish to know whether the letter from the other party which I attached to my query constitutes a legal agreement and if so how may it be enforced?
Thank you
Expert:  Jamie-Law replied 6 months ago.

Sorry about that I was on the train. Yes it does. It can be enforced by completing a paper form rather than online. So it's still n1 and you submit it to court. In effect it's an order for performance.

Does that clairfy?