PC World : Rentsmart have issued County Court claim!! Help!!

[Anthuk]

Hi

I took out a Rentsmart agreement back in 2007 (foolishly!!!) for a laptop.

I fell for the sales crap and was not told about the compulsory insurance they would slap on at month 3 or 4.

 

I started off paying about £30/month then it increased to £40/month due to compulsory insurance which I had no choice over even though equipment was insured through my home policy ( I am a sole trader working from home).

 

I simply cancelled direct debit in disgust and was then sent letter requiring return of laptop together with full 32 months remaining payments.

Needless to say they got nothing from me thieving misleading liars.

 

I have now received County Court claim form which is probably partly my own fault but I believe I was mis sold agreement in first place as it was made out to be a finance agreement.

 

No mention was made that is was not covered by Consumer Credit Act or that compulsory insurance was payable.

I have acknowledged claim and now have to file a defence so would appreciate any guidance please.

[silverfox1961]

Hi,

I can't help but I will move this post to the Legal Issues section where you will get more help

[Docman]

Anthuk

 

What has the claimant actually stated in the Particulars of Claim?

[kurvaface]

Are you able to post up your agreement with them minus your details. I am particularly ineteretsed in the Terms and Conditions.

[tommy.king]

It appears they have locked you into a contract, if you feel that you should not pay the insurance, write them a letter saying that in a rental agreement the person offering the item must provide the insurance not the person renting it.

 

Secondly tell them that you will continue to pay them the £30 a month which you rightfully owe them and that you would like a aknowledgement from them that it will be ok. If they cannot come to a agreement tell them that you will return the item to the store and donot intend on repaying anymore,

to get somewere when calling contact switch board and request to speak to customer relations, they will beable to assist you.

 

sometimes rental agreements have a get out clause, you will need to check that.

 

hope this info helps, and get some legal advice before doing anything

[dx100uk]

its the same as ppi put a soc in your defence

 

classic mis-selling case.

 

dx

[Anthuk]

Sorry been ill in bed for a few days so no chance to follow up my post.

 

Particulars of claim

TTHE CLAIM IS FOR THE AMOUNT REMAINING DUE UNDER AN AGREEMENT MADE BETWEEN THE CLAIMANT AND THE DEFENDANT.

 

And the Claimant claims

1. #xxxx Account No. xxxxxxxx

2. #xxx interest thereon calculated as set out below pursuant to section 69a of the County Court act 1984.

3. Further interest at the rate of xx per day from the date of judgment or earlier payment.

Debt incurred dd/mm/yy. £xxxx from dd/mm/yy @ 8% = xxxxx

 

Any help much appreciated as I have to file my defence by next week. Do I need to request anything from claimant as I no longer have any copies of any agreements or correspondence from when I took out this millstone in 2007.

[Anthuk]

Anyone?

[tommy.king]

Anyone?

 

You need to upload the terms and conditions at least, if you dont have them request them from the third party, a copy of the contract you signed by way of disclosure.

[Johnny580]

As long as you can prove that the equipment is covered under your household policy you do not need to pay their insurance premium it's a complete [problem].

[dx100uk]

you do not HAVE to have home insurance!!

thats their policy - not enforceable

 

there is NOTHING regarding compulsory insurance in the HP regulations

 

dx

[Johnny580]

I thought that was part of the rental agreement that it had to be insured! If it is not legal is there something else I can throw at them?

[asokn]

It may have been part of the HP agreement that it had to be adequately insured, most HP companies require insurance as the item remains theirs until the option is paid so they want to know it is protected.