fallen foul of unfair contract

DCodd · 6 November 2013 at 1:15PM

zzzLazyDaisy wrote: »

I don't agree. In contract law businesses entering into contracts are viewed as having equal bargaining power and are assumed to have read the contract and taken advice (or freely chosen not to take advice) before entering into the contract. Tort relates to duty of care and the law of negligence, which does not apply here. The simple fact is that IF the contract states what the provider claims, then it will be enforceable. However, for this to apply the terms of the contract must have been made available before OP signed on the dotted line (ie not provided in a separate document after the arrangement was entered into).

Also, whether the provider will indeed go to court over such a small amount is another matter.

However, misrepresentation during negotiation can void a commercial contract. Proving that is another matter though.

Courts rule on commercial contracts all the time, certainly in the construction industry.

Atidi · 6 November 2013 at 3:57PM

This thread is almost 8 months old! :eek:

The OP has not returned since 4 days after joining MSE back then to create this thread, and their subsequent reply in this thread.

DCodd · 6 November 2013 at 4:04PM

Atidi wrote: »

This thread is almost 8 months old! :eek:

The OP has not returned since 4 days after joining MSE back then to create this thread, and their subsequent reply in this thread.

You are not wrong there!!:o

haverhill_trader · 26 February 2014 at 2:33PM

My story is the same as the original post. I signed a 36 month contract - this expired in September 2013. I am currently looking to retire and thought I’d save a few pennies for my business and changed to a cheaper credit card rate provider. I sent my written request to cancel contract which they denied receiving it as it was addressed to Handepay merchant services and not Merchant rentals (they are at the same address and all initial correspondence and folders and terminal has Handepay plastered all over it) I then received a phone call advising me that the contract had defaulted as they hadn't received my letter and I needed to write another letter to give them 12 months notice that I wanted to cancel!!! even though the expiry of the 36 months had been paid up (it got very confusing here as they had an answer to everything)..
They want £439.06 from me and return the machine to them(which I have)
I don't have the money to pay them as business is defiantly not booming.They won't budge on the contract and have sent numerous demand letter and now red warning letter. So please remember if you go with them to make sure you cancel the contract after 24 months then at the end of the 36 months you can find yourself a new provider who does not have this unfair and unreasonable clause in the contract! and remember to address your letter to Merchant Rentals not Handepay as I did! Should all us small traders get together and ask BBC watchdog to inform traders of this contract. Let me know your thoughts x

haverhill_trader · 26 February 2014 at 2:40PM

aceframer wrote: »

I'm a sole trader and they are refusing to budge. but never mind as a customer i now have two years to keep posting this everywhere i can. i bitter and twisted and will cost them more than i am worth, if i put one person off it will cost them more - how many will see this post in two years ? everytime i see there name on my bank statement it will remind me to repost it everywhere and up date it, costing them more and more.

happy customers tell 3 people on average, upset ones tell the world its mum, the neighbours and thier dog

im om a mission !!!

Me too mate I am gonna post myexperience with Handepay merchant rentals everywhere I can and if they lose only one business then great I will make sure everyone knows they way they have treated me!

welshmatt · 5 March 2014 at 6:53PM

Just when you thought this thread was going away, well it is back with avengeance!!

I have just a few days ago received a lovely Northampton County Court claim letter via Merchant Rentals! I am also a sole trader and signed a 60 month contract back with them in 2007. This then rolls into 12 month contracts unless cancelled within 3 months of the new contract year. I rang up to find out this date, was told the date and sent off relevant letter. I then received a letter to say I was too late and then discovered that the date given over the phone was incorrect and now I am back into a rolling 12 month contract.

I have disputed this with them and as you can see they have not had any of it. What was £120 has now turned into £300+ as they are also charging me for the card machine (that I hasten to add I have paid over £720 exc VAT thus far for). They also sent me a without prejudice offer and despite me sending off a payment to them, they have so far not acknowledged it nor cashed the check.

I have today filed my defence and we shall see whether I am off to court or not. Not doing themselves any favours at all.

Houdicov · 2 June 2015 at 12:43PM

I had a similar problem with this company ,I took my complaint to the Financial Ombudsman who were very helpful,(and free), and the Ombudsman ruled in my favour re the 24 month extension period.I only had to pay the final few payments of the original 3 year agreement. They truly are a vile company,take them on and you can beat them.

Ozzuk · 2 June 2015 at 1:33PM

Just one suggestion to stop others falling into this trap, whenever I sign a new contract or renewal I have a standard letter I send out immediately giving notice with an option to renew. It's helped me out a few times.

congaman · 15 July 2015 at 8:36PM

hello Houdicov, I'm in the same boat with this company. I retired recently and told Handepay I didn't want the machine any longer. My rental term expires Oct'15 but they want £600. I'm quite prepared to pay the contract term but it grieves me to pay for another two years. Any tips appreciated.

robsweets · 28 July 2015 at 5:36PM

You don't need to rent your terminals , I would recommend buying. We recently bought for only £235 + vat when signing up for merchant services with Elavon.

fallen foul of unfair contract

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