Help I've been mis-sold Rent Smart

kitty_flash

Hello All,

This is my first post here and I'm ashamed to report that I've managed to sign up to a Rent Smart agreement at PC World. I explained what i needed and thought that I was agreeing to a whole different arrangement eg. as the salseman said "it's the same as a mobile phone contract". Of course, when I got home... No it wasn't anything like this.

The paperwork constantly mentioned how the agreement is a non-cancellable business transaction!! I would rather buy the stuff outright, and would have, if I had known all the small print.

Could anyone advise me if I have any rights at all? Or am I stuck in a rubbish deal for 2 years that will leave me seriously out of pocket.

Hope you can help,

Carolyn

JasX

How long ago? you might be able to get out of it but from the looks of it it'll be an uphill struggle.

Consumer_Credit_Act wrote:

Agreements regulated under the 1974 Act etc.

1 Definition of “individual”

In section 189(1) of the 1974 Act (definitions) for the definition of “individual” substitute—
“‘individual’ includes—
(a) a partnership consisting of two or three persons not all of whom are bodies corporate; and
(b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership;”.

Exemption relating to businesses
Before section 17 of the 1974 Act insert—
“16B Exemption relating to businesses

(1) This Act does not regulate—
(a) a consumer credit agreement by which the creditor provides the debtor with credit exceeding £25,000, or
(b) a consumer hire agreement that requires the hirer to make payments exceeding £25,000,
if the agreement is entered into by the debtor or hirer wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him.
(2) If an agreement includes a declaration made by the debtor or hirer to the effect that the agreement is entered into by him wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him, the agreement shall be presumed to have been entered into by him wholly or predominantly for such purposes.
(3) But that presumption does not apply if, when the agreement is entered into—
(a) the creditor or owner, or
(b) any person who has acted on his behalf in connection with the entering into of the agreement,
knows, or has reasonable cause to suspect, that the agreement is not entered into by the debtor or hirer wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him.
(4) The Secretary of State may by order make provision about the form, content and signing of declarations for the purposes of subsection (2).
(5) Where an agreement has two or more creditors or owners, in subsection (3) references to the creditor or owner are references to any one or more of them.
(6) Nothing in this section affects the application of sections 140A to 140C

the underlined bit might hook you a mandatory consumer credit cooling off period cancellation (quote that section too). They'll probably refuse, might end up going all the way to court, your evidence is probably quite weak so could go either way

If you're outside the first 7 days or so tho you're probably stuffed unless there was some other cancellation provision in the contract

davester

Call and cancel it and say you have been missold this as you wanted a mobile phone type contract which this isn't and also quote the law on cancellation cooling off period. If they still try to talk rubbish, which PC world love to do to get out of anything but getting money, contact consumer direct. You will find that the law is the law and companies can put anything they like into a contract and they can't enforce it if it breaks a law.

kitty_flash

Thanks for the suggestions. I got it last Saturday and of course, I've been at work all week and haven't really got down to looking at it properly until today.

The thing I don't understand is that I've not got it (it's only a netbook) for a business, it's only for me. Does this make a difference?

macman

A business can be a sole trader, a partnership-it doesn't have to be a limited company.
If it's a business contract, you will have next to no consumer protection.
Why on earth did you go to PCW just to buy/rent a netbook-not the most expensive product to buy outright (even at PCW rip off pricing)?

kitty_flash

I don't get it then. I'm a student, I've just gone back to study! I did explain all this at the time. Why have I been given a business contract? Surely this is their mistake and I can change this?? Iam very clearly not a business.

davester

Read this
http://www.pcadvisor.co.uk/forums/index.cfm?action=showthread&threadid=294838&forumid=2&sr=1

Sound like your situation?

Based on what this victim says is that you have taken out a loan for the cost of your hardware and paying it back with interest for 2 yrs inwhich time you can continue payments and upgrade your system. would get down to Citizens advice or call consumer direct,

Read this too
http://forum.moneysavingexpert.com/showthread.php?t=2271093

Looks like PCW have signed up another student for it and its clearly for Business owners only, If you are not a business in anyway you need to tell rentsmart this and PCW have lied to them that you are. The fact Rentsmart are not even bothering to do simple checks to see your a business shows they need to be complained to the Finacial ombudsman maybe throw in Watchdog too they love a juicy story.

kitty_flash

Thanks so much for all your help. I should really go to bed, and get some sleep for the coming fight when I go back to the store tomorrow!

poppy10_2

See also this thread for some useful info on this scam:

http://forum.moneysavingexpert.com/showthread.php?t=2271093

JasX

I think its seven working days rather than seven days so make sure you get your notices into PCW asap in writing and email etc etc. Then leaves you in a position to argue over their validity rather than them getting an easy out that even if you were a consumer you're too late to cancel during the statutory cooling off period

kitty_flash

It's been a while, but i wanted to post this anyway to say a huge thanks to all the helpful advice and support.

The contract was cancelled!!!!!!!!!! and I paid for the Laptop outright. It took a LOT of trips back to PC World and I had to stop the Direct Debit myself as they were in no hurry, even though they agreed to cancel.

I will NEVER buy anything from PC World again and I will take paperwork away with me to read before I sign anything.

:j