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

November I took out a leasing agreement with Payment sense

Resolved Question:

November I took out a leasing agreement with Payment sense card leasing company. Because of the huge number of charges I face each month, of which I was not made aware at the point of sale and having tried to whittle these down to an acceptable level, I find I do not wish to continue the contract.
The following is a letter I am considering sending:
I find things have not improved with your company and I wish to terminate my agreement on the following grounds.
Misrepresentation
When I first delt with Paymentsense Sales (Mark Champion) I asked for my full monthly cost implications in writing and was sent the attached email, that you have already seen. This left out a whole raft of hidden costs including payments to First Data & Merchant Solutions; when I thought I was only contracting with Paymentsense.
Cooling-off Period
Secondly because it was over the holiday time when the Agreements were sent through for me to sign, I missed the 5 day 'cooling off period'
given to me on the cancellation form and so thought I was committed to the contracts. However, I have since taken legal advice and would like to point out the following:
If your company does not agree to this I shall be looking at the Small Claims Court, On line, the Press and Martin Lewis with as much bad publicity as I can muster. If you comply with my request I shall agree not to make any negative publicity about Paymentsense.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Fow now please let me know what the terms say about cancellation and cooling off ?
Customer:

Letter I am thinking of sending
I find things have not improved with your company and I wish to terminate my agreement on the following grounds.

Mis-representation

When I first delt with Paymentsense Sales (Mark Champion) I asked for my full monthly cost implications in writing and was sent the attached email, that you have already seen. This left out a whole raft of hidden costs including payments to First Data & Merchant Solutions; when I thought I was only contracting with Paymentsense.

Cooling-off Period

Secondly because it was over the holiday time when the Agreements were sent through for me to sign, I missed the 5 day 'cooling off period'
given to me on the cancellation form and so thought I was committed to the contracts. However, I have since taken legal advice and would like to point out the following:

If your company does not agree to this I shall be looking at the Small Claims Court, On line, the Press and Martin Lewis with as much bad publicity as I can muster. If you comply with my request I shall agree not to make any negative publicity about Paymentsense.

Alex Watts : What is the value of any claim?
Customer:

What do you mean

Customer:

I am not sure what your last question means. However, I am committed to lease terminal for 36 months or at least 18months as per the 1974 Consumer credit act, (with VAT this is 20.38 per month) plus the associated management fees that seem to more than double this amount.

Alex Watts :

OK - so the maximum cost to you is 60 x £20.30 = £1222.80

Alex Watts :

You need to write and say they are in breach of contract by misrepresentation.

Alex Watts :

This is where a representation is made which you rely upon which turns out to be false.

Alex Watts :

Then the contract ends.

Alex Watts :

That is the end of your liability under Misrepresentation

Alex Watts :

If they want to try and sue you they can, It would be a small claim given the value and your defence is misrepresentation

Alex Watts :

But you can terminate, rely on misrepresentation then the ball is in their Court

Alex Watts :

Indeed if they do issue against you, you can issue a counter claim for the extra sums you have paid

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Alex

Customer:

Does the fact that they only gave me 5 days for consideration of substance. I now believe because I signed on line that I was entitled to 14 days consideration?

Alex Watts :

No. Only as a consumer.

Alex Watts :

In this case you are not a consumer and therefore not entitled to any cooling off period.

Alex Watts :

Does that clarify?

Customer:

Alex I am about to go away for a two week holiday tomorrow night. Should I at this stage try to terminate my agreement or wait till I return?

Alex Watts :

I would do it now otherwise you may be liable for a further 2 weeks, which you want to avoid.

Alex Watts :

Its form N164

Alex Watts :

http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2197/n164_e0407.pdf

Alex Watts :

Sorry ignore that!

Customer:

Alex, I found this in the internet:

Alex Watts :

But I would terminate the agreement now. Dont wait

Alex Watts :

The longer you wait the harder it is to claim misrepresentation

Customer:

Credit Agreements


You will only benefit from a cooling off period if the credit agreement was made in one of the following ways:



  1. For agreements signed away from the creditor’s normal business premises – i.e. at your home, place of work or at an exhibition stand

  2. For agreements made at a distance (online, by phone or by post)


For agreements which fall under (1), you will have a cooling off period of 5 days, which begins from the time you receive the second copy of the agreement (containing the cancellation form). For contracts which fall under (2) and (3), you benefit from a 14 day cooling off period. Unlike the cooling off period for goods bought under the Distance Selling Regulations (DSRs), the creditor may make a reasonable charge for any service (such as insurance cover) which was operating during this time.


There are specific guidelines on how you should cancel the contract, which must be notified to you by the creditor before or immediately after the contract is made. If the creditor does not make this information available to you, then your cooling off period will not begin until this happens.

Alex Watts :

Dont forget though, you are in business.

Alex Watts :

But in any event your strongest point is misrepresentation

Customer:

Thank you Alex

Alex Watts :

Can I clarify anything else for you?

Customer:

Does my case rely on only what they wrote as opposed to anything they may try claim to have said?

Alex Watts :

Yes indeed.

Customer:

I shall immediately try to get out of this agreement as per what you said.

Alex Watts :

Yes do so

Alex Watts :

Can I clarify anything else for you?

Customer:

Hi Alex, please find the letter I sent.

Customer:

13 Southcote Way


Penn


Bucks


HP108JG


*****@******.***



First Data Global Leasing


Janus House


Endeavour Drive


Basildon


SS14 3WF



Dear Sir/Madame



Agreement Number 408-0210574-000 Merchant No 520334507953685


Please find the attached cancellation form.


I operate a small part time antiques business as a retirement hobby & have a turnover of about £40,000. I do not sell on line but only at antiques fairs, but found that I was beginning to lose sales due to my not having access to a debit/credit card machine.


I decided to acquire a card payment machine & PaymentSense was a company suggested to me, so consequently I contacted your offices. My current unit price per item sold is about £150, but sometimes I sell goods for many hundreds of pounds. I average about four antique fairs per month (2 to 3 day fairs) & typically expect to make two or three sales from Debit Card/Credit Card per fair, with the requirement expected to gradually grow. I therefore need to keep my costs to a minimum.


All this I told the salesman & he assured me by email that by using PaymentSense I could operate on a monthly cost of £16.98 (£20.38 with VAT) plus management fee of £4.95 per quarter, which seemed fine to me. However, this left out a whole raft of hidden costs including minimum payments and all the charges be taken by First Data & Merchant Solutions; when I thought I was only contracting with Paymentsense.


I have tried to have my payments reduced to the level that meets my requirements, but find that even with reductions I shall still be paying an average of about £20 per month more than I was told about. Clearly this service is not appropriate for the type of sales that I do.


I have taken legal advice and because of the above it is with regret that I wish to terminate my agreement on the grounds of Misrepresentation.


Please be advised that I shall be away for the next two weeks and cannot be contacted, however I shall no longer be using the card machine.


Yours faithfully





J C Lock

Alex Watts :

You need to say: I signed the contract in reliance on these representations.

Alex Watts :

Just for the avoidance of doubt!

Alex Watts :

Does that help?

Customer:

Thank you Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice