breach of contract, I need some reassurance please...

freeisgood

5 years ago I bought a piece of beauty equipment, I explained to the accounts manager that I wanted to buy the good but spread the payment over 5 yrs. The contract was emailed to me by her the next day. Upon phoning the accounts manager I mentioned that this was a rental document and that I actually wanted to own the item after 5 yrs, she confirmed verbally that although this was a rental agreement that the title would automatically pass to me and that I would become the owner of the goods.

She then conformed this fact in an email stating "further to our conversation this morning I confirm that upon the last payment title will automatically sent to you and you will become the owner of the equipment". There was no disclamer at the end of the email.

So I signed the contract immediately and sent it off.
5 years later I have just received a letter saying either send the machine back as I was renting or I could buy the title for a princely sum. I phoned the company up and they Just said"well the accounts manager was wrong" She doesnt work here anymore. "and if you look under section 7.7 of the contract it says return the equipment to us blah blah.

I phoned trading standards and they said that the company doesn't stand much of a chance as the email became part of the contract. And that I should sue for breech of contract. I send the usual letter via recorded yesterday and now am just so worried about whats going to happen. Do you thing it will get messy?

This is a major leasing company who has been very naughtly before( I found out after googling their name.)
I am defo not used to this sort of stress! I am even too scared to answer my phone/door as it might be them sending heavies round.

fozmcfc

I think you need to post in the consumer rights section of the forums.

Maybe a site mod will move it for you.

Fiddlestick

freeisgood wrote: »

I phoned trading standards and they said that the company doesn't stand much of a chance as the email became part of the contract. And that I should sue for breech of contract.

IANAL, but I would say that the email became part of the contract.

Speak to a solicitor though.

freeisgood

Thanks for your opinions. Shall I copy and paste into the consumer rights forum?

I am very worried about this whole matter.

paddyrg

EVEN IF they still insist the goods are theirs, despite your contract to the contrary, the "heavies" have NO right of access to your premises. Especially if you point out that as you bought the goods and have a contract to prove it, then it would be theft to remove them. Invite the company to sue you for the goods, pointing out you have a contract and email which was a material part of your agreement with the company which say the goods belong to you, and you have been paying for them for 5 years, and would not have formed a contract with them on diffrent terms.

If they believe the goods are worth significantly more than what you have paid, you could always offer to sell the goods back to them if they want to reverse the contract and refund your money.

freeisgood

Thanks for your advice. In fact I have paid over 5 years, the full cost of the equipment plus 6 grand interest. They have made a healthy profit out of me.

I do believe the accounts lady made a genuine mistake, but still it was their mistake.

paddyrg

Most debt collection type affairs rely a lot on clever wording and bluster, but have no rights beyond any other bloke in the street to enter/seize/etc., and if they will not leave when you ask them to do so, it becomes a police matter - the police defending you, not them. The only people who can seize and sell your stuff are court-appointed bailiffs I understand, and to get to that stage, the case has to go before the courts, find against you, and you still not pay (ie it is a hoohah and a big deal). Any threatening letters you get, read between the lines, and do not panic or feel obliged or bullied to let anyone into your premises. The only people who can say for sure who owns what are the courts, and it is up to them to not just threaten, but actually take you to court, and then prove their case against your strong evidence.

Probably worth seeing your lawyer though for a proper readthrough of the contract, email, correspondance from Trading Standards, and any threats or emails from the leasing/sales company. They can give an opinion and write a stern letter for you, which shows that you'll be up for a fight if they want one, but they had better be aware your case is strong...

chanz4

does it specify the exact item / contract ref in the email?