Can they do this?

tinkerbell28

I just saw your post, re my thread dogger. I did get some sound advice on that thread. I wasn't just talking about MY thread, but threads in general when I did a search on these forums.

Most people jump on ops thinking they're after a freebie, quoting this law, that law, criminal offences. Without quoting the legislation to back it up.

I felt quite put off on that thread, as if people were suggesting I were looking for a freebie. But the tone changed some what when I made clear I was not out to profit, nor did I. Plus I wasn't being dumb there genuinely was no clear advice from a legal point of view. Until someone actually looked up legislation.

Bob_Bobington

Wow so much hate, when all I wanted was some advice on my rights. Maybe my opening post wasn't the best but it was rushed because I was on my way out to work and wanted some advice ready for when I got home so I could email them tonight.

I am mad at myself for not noticing that payment wasn't being taken and I am furious at Tesco for taking three years to contact me over it. Would I like to get away with not paying for the TV, Hell Yeah! who wouldn't? As for the accusations that I am trying to steal the TV, to be frank I am deeply insulted.

dotdash79 wrote: »

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

This is the crux of it. I can get a similar or better model for half the price and lets be honest the TV will probably fail before I finish paying for it now. My preferred option would be to return it, after all its not mine and its not my fault Tesco failed to collect the money from the finance company. Or failing that I was hoping that I could get some information that would allow me to negotiate a lower price with them.

zzzLazyDaisy wrote: »

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.

Thank you, that was actually helpful.

Naf

The thing is, though; you've had the three years of use from the TV (how long was the original finance agreement?) without paying a penny for the privilege. Although you could get something preferable now; you need to pay for then.

poppasmurf_bewdley

Bob_Bobington wrote: »

This is the crux of it. I can get a similar or better model for half the price and lets be honest the TV will probably fail before I finish paying for it now. My preferred option would be to return it, after all its not mine and its not my fault Tesco failed to collect the money from the finance company. Or failing that I was hoping that I could get some information that would allow me to negotiate a lower price with them.

What happens if Tesco want back what they gave you in the first place - a brand new, boxed TV?

Bob_Bobington

I understand that Naf its just frustrating.

I was under the impression there were three contacts;

The contract between Tesco and myself for Tesco to supply me with a TV - Fulfilled I have the TV

A contract between the finance company and Tesco to pay them for the TV - Unfulfilled, I suspect because the paperwork never got sent off. ie Tesco never kept up their end of the contract.

The contact between myself and the finance company - Void

After all I never agreed to pay Tesco for the TV the finance company did.

zzzLazyDaisy suggests that there was only two contracts. Given his stated past profession I am inclined to believe he has more knowledge on this subject then me.

So lets see what I can negotiate with Tesco, worst case I pay full price.

Bob_Bobington

poppasmurf_bewdley wrote: »

What happens if Tesco want back what they gave you in the first place - a brand new, boxed TV?

I jump in my Delorian fire up the flux capacitor and steal it from my past self pre setup.

Does this forum have an ignore button?

tinkerbell28

I would get legal advice op.

As it seems to me there is no finance contract. Are people stealing when they send "prove it". Letters for debts they've run away from.

A few years ago, were people stealing when they tried to get loan contracts voided?

I don't think it's as cut and dried as people are making out.

[Deleted User]

Dogger69 wrote: »

a court will accept a reconstituted contract where an original cannot be provided.

Doesn't a reconstituted CCA have to say the same as the original?

Surely they can't simply create one that says something different?

Tixy

I am not certain if there is a valid signed agreement but just that the credito forgot to take the monthly repayments from the OP, or if no finance agreement was ever signed. And that would affect the legal situation as to whether he can be made to pay any interest, but not that the purchase price is still due.

In this case if I were the OP I would probably try negotiate to pay Tesco the original price of the TV in full now but without having to pay any interest for the interim period.

I think that Tesco might well be willing to accept that offer if they made a mistake by not taking the payments from his bank account, and the OP still gets a good deal in that they deferred payment of the debt for 3years but at no interest cost.

poppasmurf_bewdley

Bob_Bobington wrote: »

I jump in my Delorian fire up the flux capacitor and steal it from my past self pre setup.

Does this forum have an ignore button?

No, you go into a Tesco store, buy the equivalent TV (and pay for it), and then leave it at Customer Services. That sounds fair to me! (And you won't be out of pocket).