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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Two years ago i signed up card payment machine,

Resolved Question:

two years ago i signed up for a card payment machine, for 3 of my businesses. I have signed the agreements for all 3, which do state a minimum term of 48 months. One of these businesses was seasonal only, and the lease on the property was expiring - i informed the sales lady who filled out the forms at my house that this business was a short term one, and unless i secured alternative premises, i would be leaving this business within the year. She said this was fine - she pointed out a clause which gave the firm discretion to offer a reduction on the full term in return for the terminal, and i was assured by the representative that as i was taking out 3, i would be granted discretion for the short term business.
I wrote to them when the business closed last year and was offered settlement of just over £700. i told them i was seeking new premises and they offered a 3 month cessation of fees till i found new premises, which unfortunately were not available, so this business will not be re-opening. I have carried on paying with no problem for the other two businesses, which you would think would make the slightly more helpful, but yesterday i received a letter from a recoveries firm who are demanding over a £1000 in fees, and compensation of over £500.
I believe i was mis sold this card terminal - the rep was in no doubt that this one of the 3 businesses was short term. I have been hoodwinked.
Anything i can do?
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
There is a spelling mistake in my email address, and i can't correct it. Each time i do it changes back to original. email is:***@******.*** thank you.
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.Was the agreement altered to show a shorter period please?Alex
Customer: replied 11 months ago.
no, unfortunately not. She rushed it all through - filled out all the forms for me and just stuck the sheet infront of me to sign.
So, i know that i have signed the form, and they are right in what it says, but she was absolutely aware of the facts and i think i have been mis sold. I have tried to contact her, but she left the firm just after i signed up.
Expert:  Ash replied 11 months ago.
I See. Have you made a formal complaint about this to them? If so what was the response?
Customer: replied 11 months ago.
i wrote to them when the business closed last year. They asked for over £700. I have heard nothing from them since around the beginning of last summer. I would like to send a formal letter of complaint plus one to the financial ombudsman, can't understand why they wouldn't use their discretion like the sales woman said she had sorted. however - debt recovery people who only emailed me yesterday and sent formal letter today say i only have till Friday 5p.m. before things escalate. I don't understand what their compensation is for? if i have to settle the rental for the machine which i have but am not using then they will have been paid in full.
Expert:  Ash replied 11 months ago.
You should not pay. Representations were made and you sought to rely upon them. At worst they can take you to a small claims court for the £700 but given the value they wouldn't be able to clam legal costs.You have a defence of breach of contract by false representation. They said it was a short contract and you could get out, you relied on what they said and they lied to you. So you have a defence.Can I clairfy anything for you about this today please?Alex
Customer: replied 11 months ago.
thanks, ***** ***** helpful. yes, one more question. I have received an email yesterday and a letter by post today from the debt recovery people - the first contact i have received about any of this since last summer, i replied by email saying i was taking advice, they say i have till 5 p.m. tomorrow (friday) or things will escalate. Should i contact them now to say that i believe it is breach of contract by false representation, or should i just write to the original firm who i signed the agreement with?
Expert:  Ash replied 11 months ago.
I would write to the debt firm, say their client is in breach of contract and you won't be paying.Does that help?Alex
Customer: replied 11 months ago.
one final thing, can we just clarify ' breach of contract' is this because the sales rep was aware that my business was unlikely to run for 4 years? i have just noticed on their website that they call their reps 'experienced business advisors!' I feel i should also write to the complaints dept at the original firm - is this wise?
Expert:  Ash replied 11 months ago.
Correct. Also write to the firm as well if you wish and put them on notice of your position.Does that clairfy?Alex
Customer: replied 11 months ago.
Thank you very much for your help. I shall do all this.
Expert:  Ash replied 11 months ago.
Good luck.AlexIf this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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