Be fair;212962Has anyone got advice to give regarding what I consider unfair contractual terms of Merchant Rentals. We hire a card machine from them and they are asking us to pay £200 when the contract is terminated. We have fulfilled our term and given correct notice. The salesman never mentioned this condition when we signed the contract. Had we known, alarm bells would have rung and we would have avoided the company.:paleI'm sure someone else here had a similar problem..
Never-In-Doubt;212975I'm sure someone else here had a similar problem..Yep thought so, Carol is best to ask
Hang on let me check.....
Be fair;212962Has anyone got advice to give regarding what I consider unfair contractual terms of Merchant Rentals. We hire a card machine from them and they are asking us to pay £200 when the contract is terminated. We have fulfilled our term and given correct notice. The salesman never mentioned this condition when we signed the contract. Had we known, alarm bells would have rung and we would have avoided the company.:pale
carol01;213007they obtained a ccj on 9/02/2012 from northampton but when we have searched this on trust online(thanks to niddy pointing me in the right direction nothing shows)If it is not on Trust Online then it does not exist.....
Never-In-Doubt;213008If it is not on Trust Online then it does not exist.....
carol01;213010i could only search the name and address as they have hceo have stamped over the county cout claim number, so i can't make it outbut if there is nothing on Trust Online then there is not a judgment - you search trust online using your name and address (not claim number). obviously this will be the shop address and not your home address ;W ;W
carol01;213025i searched the shop name and shop address, partners name shop address,shop name sisters address, partners name sisters address, i also searched our address too but all came back clear so i shall wait and see what the local court says.weird eh? If there is no judgment they cannot send any bailiff let alone enforce it to a HCEO :wtf
Never-In-Doubt;213028weird eh? If there is no judgment they cannot send any bailiff let alone enforce it to a HCEO :wtf
carol01;213034i know but no court papers were ever sent to his sisters address have checked or the shop address as they guy who has our shop now passes all letters to us, on the hceo writ it states partners name and sisters address which came back clear from trust onlinehmmm, check it out with the court, it may not actually be valid and a HCEO cannot get involved unless ordered by the courts....
HCEOs are authorised by the Lord Chancellor and work privately or in private companies. HCEOs work under the authority of a Writ of Fieri Facias (Fi Fa). [COLOR="Red"]This is issued when a County Court Judgment, Order or Tribunal Award is transferred to the High Court for enforcement via Form N293A[/COLOR] and a court fee of £50.00. The transfer process normally takes between 5 and 21 days.
If successful, the HCEO will collect your judgment debt, your court costs, your £50 transfer up fee, interest at 8% and their fees, costs and charges from the defendant.
HCEOs earn their fees from the judgment debtor, but only when they collect. If the HCEO is unable to collect, there is an industry regulated abortive fee of £60 plus VAT paid by the creditor for each address visited. Other than the abortive fee, the HCEO receives no income for an unsuccessful enforcement.
As a result, HCEOs tend to have significantly higher collection rates than those of the County Court Bailiffs, who are salaried without any financial incentive to collect.
Unlike the County Court Bailiff, the HCEO does not have to give the judgment debtor any advance notice of their intention to collect, giving them the advantage of surprise. HCEOs are also permitted to force entry into commercial premises to enforce, a power not permitted to County Court Bailiffs.
Never-In-Doubt;213039hmmm, check it out with the court, it may not actually be valid and a HCEO cannot get involved unless ordered by the courts....
---> Welcome to the home of the High Court Enforcement Officers Association's Website - HCEOA
You're not being hassled by Marston are you ;W ;W
Remember they can force their way into commercial premises....
Never-In-Doubt;213039hmmm, check it out with the court, it may not actually be valid and a HCEO cannot get involved unless ordered by the courts....
---> Welcome to the home of the High Court Enforcement Officers Association's Website - HCEOA
You're not being hassled by Marston are you ;W ;W
Remember they can force their way into commercial premises....
Be fair;212962Has anyone got advice to give regarding what I consider unfair contractual terms of Merchant Rentals. We hire a card machine from them and they are asking us to pay £200 when the contract is terminated. We have fulfilled our term and given correct notice. The salesman never mentioned this condition when we signed the contract. Had we known, alarm bells would have rung and we would have avoided the company.:pale
Never-In-Doubt;378362We're aware of this. Let me ask Andrew, solicitor, to pop in and see what he says.
Sit tight. Try not to worry.
Your thread is here --> http://forums.all-about-debt.co.uk/showthread.php?12498-BEWARE-HANDEPAY-MERCHANT-RENTALS-CONTRACTS
ATW;378385It sounds similar to the gym contracts that were found to be unfair. They were business to consumer though whereas here its business to business. There is less protection for businesses than there is for consumers. Was the contract in your name or for a limited company.