Installation of summerhouse.

[josh010]

Hi please can someone advise

 

We have now been advised  that the seller wants to Offset the money we have claimed in the Judgement against the Sumemrhouse, he has also stated he will charge a daily fee of £5.00 for storage and insurance,

 

we have no contract with him as he terminated the Finance agreement, 

we have the Judgement which is to be enforced in next week

now he wants to charge fees for storage and insurance until we accept delivery and make the payment which he wants within 7 days.

 

He states that even though he terminated the Finance agreement, his sale stands for the shed, and we are liable for the cost of the Summerhouse, his figures are all wrong and he is deluded, to say the least but we are seeking advice from CAG as he is regulated by the FCA but he terminated the agreement but the only manner which he can now take this further is by harassing for payment for the balance.

 

We can confirm that he received the judgement on the 17 February and this is the date he started demanding the payments for the Summerhouse, they had originally returned the Claim pack undelivered, but their Registered address is on their Invoice they sent today, so we have evidence for the Court of their registered address, so dont know how they will defend this.

 

All advice appreciated as always, as to what we now need to do, we are also considering a complaint of Harrasment as he has done this kind of thing since he cancelled the agreement and demanded money since day one.

[BazzaS]

It is 'willy waving'. They can't offset against a judgment sum : the court ordered the judgment sum.

How much were you awarded? have you got HCEO's going in to their trading address?

 

They can try and tell HCEO's that they want to offset a sum, but it won't wash. The HCEOs will say "we are mandated by the High Court to collect x amount, and x amount is what we will collect : if you want to offset or claim a sum you can go to court to do so, but that won;t stop us taking action to collect the judgment sum".

 

So, do nothing until you hear from the HCEOs that they have obtained the judgment sum, UNLESS you receive an actual court claim form, 'sealed' / issued by the court, where you perform 'acknowledgement of service' and then give the previously advised defence.

Once the HCEOs have the judgment sum, write again to the company, noting that the contract is terminated, the matter is 'res judicata', and you owe them NOTHiNG, and that you'll be ignoring any further demands for money unless and until you receeve a court claim, at which point you'll robustly defend it...... 

[josh010]

They have sent a bill minus their charges to us, we have a default Judgement minus the 10% they refunded for cancelling the contract base installation, they have stated our figures are wrong but again this is a Lie.

THEY RECEIVED THE JUDGEMENT ON 17 February and that is the day they made 3 visits and said they want payment for the Shed within 7 days.

 

The judgement is for £1669.04 on the Invoice they have sent they have put down different figures and want 5 per day for the storage and insurance if we dont pay within 7 days.

 

We have instructed the Sheriffs office and they have sent the Judgement up for the High Court, the worst thing is the guy who owns the Company is a Councillor and we are ashamed to say he is on the Council and local Authority but he goes about bullying members if the Public its a disgrace.

From their contact it looks like they are stating the figures are wrong but we have made sure they are not, and removed the money they have returned, but they charged £cancellation fees of £70 which they charged after cancelling the contract, so we have included this as our money as they cancelled so we are now awaiting the Sherrifs Office to deal with them 

[josh010]

Thank you BazzaS this is a most stressful period for us

 

 

[josh010]

Hi everyone

Just to say we have today received a letter from the Enforcement Officers stating that they have received the full amount of the money without attending the offices of the Company and they will send the money to us within 14 Days, this is obviously good news for us, but we have also reported them to the FCA for illegally terminating a contract and harassment and demands of payments for the full amount, today we received a letter from the Loan Principle, indicating that they will start a investigation of the circumstances of how they cancelled the Finance agreement.

 

We understand that they have made the payment within 30 days to prevent any marks against them in the Judgements however we are very unhappy about the way we have been treated over the last 5 Months and would appreciate any advice in this matter as we are considering taking this further in that regards.

[josh010]

they are now threatening legal action for the Return of the Deposit and the full amount and storage costs, we have just filed the letter and await the Court claim

[josh010]

THEY NOW SAY THEY HAVE DESTROYED THE FINANCE AGREEMENT ?

 

 

Thank you for your email.

 

Firstly, with reference The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, this relates to the cancellation rights provided to you as the consumer by the retailer, and is not related to the finance being cancelled by the retailer.

 

I have attached a copy of your sales invoice with Bentleys which contains their terms and conditions.

 

With regards to the finance agreement, I am unable to provide you with a copy of this document as we no longer hold this information due to the finance being cancelled. We do not hold customer data longer than necessary and the agreement is therefore removed from our system once the application is cancelled.