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Jenny
Jenny, Solicitor
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I hired equipment from a company based in England giving a

Resolved Question:

I hired equipment from a company based in England giving a deposit of £1000 back in August 2015, I moved house and forgot the item was on hire it's been sitting in a friends garage ever since I have never used the item either. The company have contacted me yesterday claiming I owe them for the hire £5400 and that I have until January the 22nd to pay and return the machine or they will apply to bankrupt me. I haven't got thst kind of money and not sure what evidence they state they have. They claim. I have denied having the machine until I seek legal advice, they said they have my name, address and phone number and my signature however I didn't give any photographic evidence or proof of address also the card I used to pay deposit I lost and have a new 1. They said they have a print out of my photo from the cctv bit I'm under the understanding that cctv footage has to be destroyed after 30 days due to privacy etc this happened 6 months ago now. What legal standing do I have can they prove I had the machine. I will be sending it back and letting them keep the deposit but can I get out of the hire costs.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is***** am a solicitor and I am happy to help you today. Do you accept that the amount that they are asking reflects the hire costs? Would you be prepared to pay anything towards the costs?
Customer: replied 1 year ago.
They can keep the £1000 deposit I agreed to the hire costs but when I got the machine back it didn't perform as good as I thought I was highly disappointed with it and didn't use it again and completely forgot about it
Expert:  Jenny replied 1 year ago.
Did you complain that the machine was ineffective at the time?
Customer: replied 1 year ago.
No and I know is should have I was going to but was busy with house move etc do they have enough information to take me to court. They have no proof of identification or address and can they even keep cctv that long 6 months
Customer: replied 1 year ago.
I did phone and stated it was working very well and they talked me through it over the phone but o still wasn't happy with it
Expert:  Jenny replied 1 year ago.
The law governing the retention of CCTV images is the Data Protection Act which does not set a time limit, it just says that the period should be reasonable. I'm not sure that this is particularly relevant anyway given that you do have the machine. If you are going to deny having it then you would have to be prepared potentially to lie about this on oath. The position at law is based on breach of contract the hiring company can sue you in breach of contract if you fail to pay the amount due under the contract. You can return the machine to them and say you are prepared to forego the deposit in full and final settlement given that you had told them that the machine was ineffective and it was simply a mistake that led you to retain the machine . If they threaten legal action you can tell them that you will defend it on the basis that the machine was ineffective and you consider the contract void on that basis. Obviously if there is no record of the fact you have complained then it will be for the judge to decide which version of events it believes. Is there anything further you would like to know about this?
Expert:  Jenny replied 1 year ago.
Hello Tom is there anything further you would like to know about this? If not then I would be grateful if you would take the time to rate my answer before leaving the site. Thank you and all the best.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you
Expert:  Jenny replied 1 year ago.
No problem, all the best with it and thanks for rating my answer.

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