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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is this legal. A Broker who introduced himself as a representative

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Is this legal. A Broker who introduced himself as a representative of a another firms rental dept. Arranged and produced a rental agreement on line which applied my e signature. After that. Changes were made. The agreement still read as a rental agreement but was actually an HP or finance. Dates times and product were also changed. Then the agreement was sold to a third party without my permission. This third party has now made a small claims court case which I am defending. But they have now instructed a barrister.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Do the terms and conditions say it can be assigned?Alex
Customer: replied 1 year ago.
It says. We may assign our rights and transfer our obligations but you may not do so.
Expert:  Ash replied 1 year ago.
Does it say it was a regulated agreement under the Consumer Credit Act?
Customer: replied 1 year ago.
No. There was no cooling off period mentioned or printed or even mentioned
Expert:  Ash replied 1 year ago.
Is it a consumer contract?
Customer: replied 1 year ago.
Thank you for your replies and interest. I have done a lot of research over the past few weeks and know it's going to be difficult. I did not have a business at the time the agreement was produced. It was completely missold. It was for a coffee machine for me to use to make life easier in a cafe which I wanted to open. There was a hearing in January this year. No one turned up on the claiment's side and the Judge made an order for the claim to be struck out. He informed me that they could apply for another hearing but there would have to be a good reason like "the trains not running " or " being stuck in traffic due to a bad accident" for it to be granted. Apparently a Barrister instructed by the claiment turned up 30mins late 10 mins after the claim had been struck out. An application was put into the court excuses. Personsal problems. Traffic issues. Emails sent to chambers to contact court to inform of late arrival which were somehow lost like they were never sent!! and a different Judge granted an order for another hearing for May and for the struck out order to be set aside. I would assume that the claiment has instructed a Barrister as there may be a chance that they will not win the case which gives me the will to keep searching for information. The full story paints a bigger picture and I may just stand a chance of winning. Thank you anyway.
Expert:  Ash replied 1 year ago.
Not necessarily - but to be clear it was sold as hire, but turned out it was HP? I assume you signed it as a consumer, rather than a business?
Customer: replied 1 year ago.
In my mind yes. The business didn't exist at the time. The person I dealt with, I now know was a broker and he knew exactly what would work for him. I did not. I did not actually sign a contract. I was told that the best way of doing this was on line e signature. I was given a code to get into this. I had not seen the contract prior to this I was reading and a signature appeared to write itself with my name without even pressing any key. I hadn't finished reading it. I tried to get hold of the Broker but couldn't and I never heard from him again. The signature appears all over the contract it has been applied to several clauses. The claiment is a finance company who I had never heard of Of course, I now realise that the Nroker must have sold it on without my permission.
Expert:  Ash replied 1 year ago.
Did you order this online or over the phone?
Customer: replied 1 year ago.
It was an over the phone inquiry to different company who said they were putting me
through to their rental department which turned out to be "The Broker" he decided which machine would be the best for me.
Expert:  Ash replied 1 year ago.
Did they we give you a cooling off period?
Customer: replied 1 year ago.
No they did not. There was nothing printed on the agreement and there was not any verbal or written information given at any time.
Expert:  Ash replied 1 year ago.
Ok well sounds like you have an out. They should have given you a cooling off period under distance selling of either 7 or 14 days, if they didn't this is against the law.Further if it was HP it should be an agreement regulated by the consumer credit act. If it does not say that then they can not enforce it.Finally there is breach of contract by false representation, that is you were told it was rental but turned out to be HP.Even if I am wrong about all the points above a judge can say that the contract is invalid if they misrepresented what it actually was.Can I clairfy anyhing for you about this today please?Alex
Customer: replied 1 year ago.
Thank you so much You have given me confidence to Persue my defence. I will definitely inform you of the outcome. Kind regards. Sue
Expert:  Ash replied 1 year ago.
Good luck Sue.Alex
Expert:  Ash replied 1 year ago.
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