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I took delivery of dental equipment ie chair and delivery unit (value about £16,000) in July 2008. Because of incomplete supply the lease payments commenced in November 2008 over a five year term. I fell into arrears but continued the payments but was advised that the agreement was terminated. The last payment including penalties was made in May and now the finance company are asking me to make an offer. Usually with these agreements the title of the equipment goes to the broker and they pass this on to the lessee for a nominal sum, usually £150. I have done this recently with the same broker and finance company. Their legal department say that they have been offered £2000 for the equipment but I find this hard to believe as the equipment has to be broken down, transported, stored and the reassembled. I made an offer of £150 and then increased to £250 after rejection. Now I have been told that if I do not make an offer 'in line' with £2000 by close of business today then there agents will be instructed to collect. I need the equipment and their terms appear to be unfair. Can I prervent collection as I cannot afford new Equipment.
They will not provide proof of the offer. Can I put my case before the small claims court personally without a lawyer. If so, which court form do i need?
Thank you for your replies.
I have made a final offer and if this is not acceptable, how can I prevent the 'agents' from taking possession while I am applying to the court, apart from refusal of entry and physical restraint? Returning to my original question; do they need a court order and if so, do I receive notice of this and how do I respond?
I made my final offer of £500 to the finance company which was rejected and I said if this was the case, then I would commence legal proceedings.
They have now asked on what grounds I would be looking at to issue proceedings. What is the appropriate answer?
I have made a request under the data protection act for all information they have on me including another agreement that was terminated without any issues for £150. They said that they would comply within the 40 days.
What would also be the particulars of claim on the N1 form?
Please take the above as a new question then because I am unclear how to make a new one and it is a continuation of the original question.