Possible breach of contract by finance company

eclair74

I recently took out a fixed sum loan agreement with a finance company. The contract states that they will not request the first direct debit payment until after I have taken delivery of the goods from the retailer. I have today been told over the telephone by the finance company to cancel the direct debit as they have made a mistake by placing on my file that the retailer has informed them that I have taken delivery of the goods. I have confirmed to them that I am still awaiting the goods and therefore they are not permitted to take out the first direct debit payment and will be in breach of contract if this occurs. Despite the onus of responsibility being placed on me to cancel the direct debit before the payment is made, if the payment is taken out is the finance company in breach of contract and if so does this mean that the agreement is void and written off with me owing nothing?

ILW

eclair74 wrote: »

I recently took out a fixed sum loan agreement with a finance company. The contract states that they will not request the first direct debit payment until after I have taken delivery of the goods from the retailer. I have today been told over the telephone by the finance company to cancel the direct debit as they have made a mistake by placing on my file that the retailer has informed them that I have taken delivery of the goods. I have confirmed to them that I am still awaiting the goods and therefore they are not permitted to take out the first direct debit payment and will be in breach of contract if this occurs. Despite the onus of responsibility being placed on me to cancel the direct debit before the payment is made, if the payment is taken out is the finance company in breach of contract and if so does this mean that the agreement is void and written off with me owing nothing?

Don't be ridiculous, you are making a fool of yourself.

eclair74

What would happen then?

ILW

You and they correct the minor error and you pay for the stuff.

StuTheDon

eclair74 wrote: »

What would happen then?

You're correct - if they take it out of your account you can cancel your DDs and the full amount will be written off.

I did this with my mortgage - they took the payment out a day too soon so I sued them and the judge wrote the rest of the mortgage off! I'm amazed more people havent found this out.

ILW

StuTheDon wrote: »

You're correct - if they take it out of your account you can cancel your DDs and the full amount will be written off.

I did this with my mortgage - they took the payment out a day too soon so I sued them and the judge wrote the rest of the mortgage off! I'm amazed more people havent found this out.

I can better that.
My mortgage company took an extra 1p with a payment so I went to a solicitor. They wrote my mortgage off, sent me on a world cruise, give me free cakes for life and I get to sleep with any of the banks directors wives or daughters (subject to strict age limits) whenever I choose.
It,s the law.
Amazes me that everybody isn't doing it.
Wonder if that can be bettered or was I ripped off?

_Andy_

I took Tesco to court - they had the audacity to CHARGE ME for delivering my groceries (aka 'big shop').
I pointed out that the £4.99 they had charged was more than the cost of delivery.
They soon backed down and agreed to give me free groceries for life.
Power to the people!!!

simon_templar_2

I can eat 50 eggs

iwantasmallholding

ILW wrote: »

You and they correct the minor error and you pay for the stuff.

I agree with ILW, but if you can get it written off then do. I can see how a simple mistake can write off a morgage, I have had payments go out before they were supposed to and in some instances been charged by the bank as the funds were not there waiting. I had a huge battle just to get 25 pound review fee, let alone a whole morgage.

keep us posted with how you get on.

CHR15

eclair74 wrote: »

What would happen then?

Someone might wake you up from your dreamy make believe world.

Please.... slap yourself.

StuTheDon

ILW wrote: »

I can better that.
My mortgage company took an extra 1p with a payment so I went to a solicitor. They wrote my mortgage off, sent me on a world cruise, give me free cakes for life and I get to sleep with any of the banks directors wives or daughters (subject to strict age limits) whenever I choose.
It,s the law.
Amazes me that everybody isn't doing it.
Wonder if that can be bettered or was I ripped off?

Hi - can you please let me know the name of the providor. Mine only wrote of the mortgage balance but your's sounds a much better deal. I'm frankly suprised they didnt reimburse your travel expenses to their branch too. Ridiculous.