How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

overpayment to claim back from equipment rental

Resolved Question:

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.

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did the agreement automatically cancel or did you have to terminate it please?

Customer:

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.

Customer:

Dear Mr Khan,

Your last primary rental was due 22nd April 2013; however our agreements
require a termination notice of one month, if we do not receive this
termination notice in time we proceed in taking further rentals (secondary).

We received your notice dated 4th February 2014 ; therefore would usually
require 1 further payment of £213.93. However on this occasion we request no
further monies and your broker CF Capital PLC will be in touch with regards
to title.

I have enclosed a copy of you agreement please note the Term of Agreement
and Clause 1 of the agreement.

Please don’t hesitate to contact me on 0844(NNN) NNN-NNNNto discuss the above or
make a payment.

Regards,

Alex Watts :

What does the termination clause say please?

Customer:

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

Alex Watts :

On what basis have they taken the extra 9 payments?

Customer:

purely on the basis that it continues as a hire agreement until i stop it apparently.

Alex Watts :

Ok - so you have not given notice yet?

Customer:

i just gave notice yesterday as i did not realise payments would keep going out after the 24 month period of hire

Alex Watts :

And you are a business?

Customer:

yes

Alex Watts :

Ok - its bad news I am afraid.

Alex Watts :

As a business you are deemed to have read and understood terms and conditions, more so than a consumer

Alex Watts :

Therefore if the agreement has continued beyond the minimum term, which it has, you are responsible for cancelling it and giving 1 months notice

Alex Watts :

Sadly you did not

Alex Watts :

Therefore you are liable for the payments until the agreement is cancelled.

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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.

Alex Watts :

No, the agreement does not state they have to do that.

Alex Watts :

If it was a term, then yes - but it is not

Alex Watts :

The agreement states for the minimum term and continues until notice is given.

Customer:

Thankyou for your help..i appreciate your honesty.

Alex Watts :

I am sorry it is not better news.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash and other Law Specialists are ready to help you