Do I need to pay for something which doesn't work when in a contract?

Carol1992

Free Member
Jul 11, 2017
10
0
I stupidly about a year ago signed up for a payment terminal machine which I rarely used. The banking company (A 3rd party company used which I didn't know about) cancelled the account due to inactivity. This company had also been taking charges out of my account for non compliance which I didn't initially notice and once queried (because I had no idea who the hell they were) they said they would put in a request for me to get a refund.. following up 2 months later they said it was still in their 'queue' of queries. Also I had not received any letters or anything because they had put the wrong address on them but they informed me they were a third party of the other company which leased me the terminal.

When I finally (once in a blue moon) did need it, it just didn't work and I wasted hours going round in circles trying to find out why and then it eventually emerged it was cancelled and I needed to sign up again.. in the mean time I had been paying for the services which weren't working via direct debit. I had asked both parties not to direct debit my account until it was sorted and both pursued to direct debit me so I cancelled it myself.

So obviously the original company where I leased the terminal came back to me and are "cautiously advising me that cancellation of your direct debit does not relinquish you of your responsibilities under the T's & C's". They are also saying the min agreement time is 48 months. I was never told about the minimum of 48 months during sign up. The guy was saying to me to give it a go for 6 months and I can cancel if I don't use it (although I accept I should have read the T's & C's in more detail).

To be honest I can't even see in the T's & C's anything about 48 months yet (I have read through twice but find it hard because it's so small so will look again later). My main question is.. do I really need to pay for something which just hasn't worked?! - I'd like to mention- SINCE FEBRUARY. It just seems ridiculous. They should be refunding me not making me sign up again.

Oh and once again they used the wrong address.. but somehow this one has actually made it's way to me in the post from one of the other offices.

Thanks a lot
 

lpbusiness

Free Member
Jul 5, 2017
33
2
Probably some good professional advice on here, but i'll give you an amateur take on it based on my knowledge of the law (degree).

How long had you had the product before you realised it wasn't working? How long left was on the original contract? If it turns out it hadn't been working for the majority of the contract, then I'd imagine you're entitled to compensation. However, if there's no way of knowing when it was broken, then it's unfair on the company as it could have only happened recently when you've said it's been broken the whole time.

i'm not sure your position on the state of the equipment, but the renewal seems a pretty straightforward matter to resolve. Look at the Sale of Goods Act 1979 (fitness for purpose sections) and UCTA. They'll help.
 
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Carol1992

Free Member
Jul 11, 2017
10
0
Thank you for taking the time to respond.

Basically everything worked fine. Then it stopped working then the third party company cancelled my account with them about 6-7 months later and nobody told could tell me why it was cancelled for about 3 months. But I didn't initially notice because I never use it anyway.

Now they are saying it's cancelled because of inactivity and outstanding debts on it when I cancelled the DD (after they agreed not to charge me and look into giving me a refund). Basically the main reason round this was from them not sending me any documentation to the right address so I was missing letters etc. Although I don't know what they were sending.. its only because 1 day I got one from one of the neighbours and it was a threatening letter stating i'm non compliant and if I didn't do anything about it they would fine me etc.

Is there any law around leasing something which you never use anyway? I wasn't even aware till now that I had agreed to 48 months.. I was sold it as "give it 6 months and see how you feel" type of thing... 48 months for a payment terminal is absolutely insane. I would never have agreed to that!
 
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D

Deleted member 226268

I stupidly about a year ago signed up for a payment terminal machine...

Who is the terminal machine company ?


The banking company (A 3rd party company used which I didn't know about) cancelled the account due to inactivity.

Who is the Banking company ?

.
 
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