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hi I took out a lease rental agreement for some tyre changing equipment in 2011 for a hire period of 24 months at 213.00 per month..i forgot to stop the direct debit instruction in April 2013 .subsequently the company 1pm uk continued taking out payments until i just noticed yesterday. So i have cancelled my direct debit to them now,but they have taken 9 extra payments. when i spoke to them yesterday,they said they will not refund to me as i continued with the agreement as a hire..they are saying i should have called them to tell them i wanted to cancel..what are my rights?. Do i a have case to put forward please.
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Did the agreement automatically cancel or did you have to terminate it please?
Hi AlexI was suppose to cancel it apparently or they should have informed us accordingly. They are saying i should have called them to cancel otherwise it continues forever.
Dear Mr Khan,Your last primary rental was due 22nd April 2013; however our agreementsrequire a termination notice of one month, if we do not receive thistermination notice in time we proceed in taking further rentals (secondary).We received your notice dated 4th February 2014 ; therefore would usuallyrequire 1 further payment of £213.93. However on this occasion we request nofurther monies and your broker CF Capital PLC will be in touch with regardsto title.I have enclosed a copy of you agreement please note the Term of Agreementand Clause 1 of the agreement. Please don’t hesitate to contact me on 0844(NNN) NNN-NNNNto discuss the above ormake a payment.Regards,
What does the termination clause say please?
we agree to let the goods specified to you and you agree to take themfor the minimum period of hire specified.the hiring under this agreement will continue after the minimum period until either we or you give to the other one months notice in writing to expire at anytimeon or after the end of the min period of hire
On what basis have they taken the extra 9 payments?
purely on the basis that it continues as a hire agreement until i stop it apparently.
Ok - so you have not given notice yet?
i just gave notice yesterday as i did not realise payments would keep going out after the 24 month period of hire
And you are a business?
Ok - its bad news I am afraid.
As a business you are deemed to have read and understood terms and conditions, more so than a consumer
Therefore if the agreement has continued beyond the minimum term, which it has, you are responsible for cancelling it and giving 1 months notice
Sadly you did not
Therefore you are liable for the payments until the agreement is cancelled.
I am sorry that this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
surely as they are also a business ,one would think they have a duty to their customer to write to us and inform us that the agreement is coming to an end.
No, the agreement does not state they have to do that.
If it was a term, then yes - but it is not
The agreement states for the minimum term and continues until notice is given.
Thankyou for your help..i appreciate your honesty.
I am sorry it is not better news.
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