Can they do this?

poppasmurf_bewdley

tinkerbell28 wrote: »

I have found on here op. A lot of people get very annoyed if there is a chance you may get something very expensive for free.

I recently just got a VERY expensive item from amazon...for free. When I was told xyz. It was an item sent in error, which I gave them the opportunity to collect. They told me to keep it.

A lot of people get very hyper and start quoting criminal offences, etc, etc. I'd get proper advice. As everytime I see a thread where people may get a freebie. People jump on it as a scam artist. So not entirely factual with their advice.

I would say however your op doesn't help

If they tell you to keep it, then good fortune has come your way, and good luck to you.

But in the case of the OP, Tesco have asked him to come into the store to sign a new agreement. They haven't told him to keep to TV set for free. He's trying to find an angle to wriggle out of paying.

mcfisco

I once got a Dyson vacuum cleaner delivered to me - incorrect name but correct address - which I hadn't ordered.
Rang the helpline and they said they'd arrange to have it collected, that was 3 or 4 years ago, I waited for a few months before putting it to good use.

tinkerbell28

Indeed but can he be made to sign a new agreement? Do you have legal proof of the criminal offences he'd be guilty of?

What's the agreement then and now. I think he needs proper advice. As so far I don't see any.

They let him take the TV and made a mistake on the fianance agreement. How do any of you know that doesn't make it unenforceable?

Dogger69

tinkerbell28 wrote: »

I have found on here op. A lot of people get very annoyed if there is a chance you may get something very expensive for free.

I recently just got a VERY expensive item from amazon...for free. When I was told xyz. It was an item sent in error, which I gave them the opportunity to collect. They told me to keep it.

A lot of people get very hyper and start quoting criminal offences, etc, etc. I'd get proper advice. As everytime I see a thread where people may get a freebie. People jump on it as a scam artist. So not entirely factual with their advice.

I would say however your op doesn't help

What a bizarre memory you have. This is the thread in question, and you will see that no one suggested you were a scam artist or a criminal, and the advice you were given was spot on.

Dogger69

tinkerbell28 wrote: »

Indeed but can he be made to sign a new agreement? Do you have legal proof of the criminal offences he'd be guilty of?

What's the agreement then and now. I think he needs proper advice. As so far I don't see any.

They let him take the TV and made a mistake on the fianance agreement. How do any of you know that doesn't make it unenforceable?

He cannot be made to sign an agreement. However, given that the OP has demonstrated his acceptance through his actions (taking the tv), a court will find a contract does exist. More specific to the credit agreement, a court will accept a reconstituted contract where an original cannot be provided.

Naf

'Something' went wrong? Have they specified what?
I presume you did sign an agreement originally; one which you were happy with? So why try to renege on that?
I can't see how you'd be entitled to return a 3 year old TV to dodge a contract which is based on a new TV.

zzzLazyDaisy

There are TWO contracts relating to this dispute.

The first is the offer by OP to buy the TV and the retailer's acceptance of that offer. So there is in existence a contract for the sale and supply of a TV. There is no doubt that the retailer complied with the contract as OP has the TV in his possession.

The second contract is (would have been) between OP and the finance company, by which the finance company agree to pay the retailer £x amount of money in satisfaction of OP's part of the contract with the retailer to pay for the TV. In return OP agrees to pay the finance company £y per month under the finance agreement.

It may well be that both the retailer and the finance company are part of the tesco group, but in law they are separate entities.

So what has happened is that, for whatever reason, OP did not pay for the TV, and is now in breach of his contract with the retailer. The retailer has 6 years from the date of purchase to take court action against OP for the debt.

He has been offered a way to raise the money, by going in and sorting out the finance agreement. He may prefer to raise the money some other way, but if he chooses not to pay at all he would lose in court, if the retailer decides to commence legal proceedings.

mcfisco

What would happen if the OP went back to set up a new agreement etc. and failed the credit check with the finance company?

dotdash79

Maybe the OP doesn't want to pay the cost of a 3 year old TV, over another 3 years.

zzzLazyDaisy

I suspect Tesco finance is big enough to take an executive decision on this one, given that there has been some glitch or error on their part.

But if you are asking what the legal position is, it remains the same. OP has entered into a contract for the purchase of a TV and has failed to pay. If it went to court and he had genuine difficulties and produced an SOA to show this, the court would probably respond sympathetically to an application to pay by installments. On the other hand, if the judge had doubts about OP's claims that for three years he genuinely believed he was making repayments to the finance company when this was not in fact the case... then the court might be less sympathetic.