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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Two years ago i signed up card payment machine,

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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?
Customer: replied 2 years 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.
Hello my name is ***** ***** I will help you.Was the agreement altered to show a shorter period please?Alex
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Customer: replied 2 years 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.
I See. Have you made a formal complaint about this to them? If so what was the response?
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Customer: replied 2 years 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.
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
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Customer: replied 2 years 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?
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
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Customer: replied 2 years 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?
Correct. Also write to the firm as well if you wish and put them on notice of your position.Does that clairfy?Alex
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Customer: replied 2 years ago.
Thank you very much for your help. I shall do all this.
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/
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