Can they do this?

Bob_Bobington

One more thing, (I have dug out my finance contract which is with Barclays Partner Finance) technically I still have a contract with the finance company, one which I have defaulted on in a massive way. How do I know that Barclay's won't "find" the original contract and before I know it I am making two payments?

What am I looking for if I seek legal advice? The only time I have used a lawyer is when buying my house and he cost a lot more then the TV.

zzzLazyDaisy

If the finance company have not in fact paid Tesco for the TV (which seems to be what tesco is saying) then you have not defaulted on the loan/hp agreement because the finance company has not fulfilled their part of the contract. However, it is a valid point. You do need to make sure that no money has been paid to tesco by the finance company. As a side issue, I am surprised tesco retail use barclays for hp agreements - could you just clarify that this was not a private loan that you took out with barclays? I understood that this was a hp/loan agreement that you took out with tesco to purchase the TV?

Bob_Bobington

Yes it was a HP/loan taken out in a Tesco store, it was not a private loan.

BPF refused to tell me the status of the agreement when I contacted them. Surely only BPF can confirm the contract with them is invalid. If I pay Tesco and BPF decide I do owe them money would letters from Tesco saying the agreement is invalid be good enough evidence to stop them chasing me?

Rain_Shadow

alexjonsson wrote: »

What's your rationale behind this question? The OP has already offered to return the TV, so where does stealing come into it?

I don't think you really need that explaining to you.

Duke203

Bob_Bobington wrote: »

Would I like to get away with not paying for the TV, Hell Yeah! who wouldn't?

Bob_Bobington wrote: »

As for the accusations that I am trying to steal the TV, to be frank I am deeply insulted.

Um, I would hate to be one to question your morals or insult you, but.......:rotfl:

Treadmill

I would be inclined not to sign, that should have been done at the time. Tesco will never learn if the punters make it to easy for them. Keep hold of the telly, don't pay and they might learn next time. Tough love.

opinions4u

Treadmill wrote: »

I would be inclined not to sign, that should have been done at the time. Tesco will never learn if the punters make it to easy for them. Keep hold of the telly, don't pay and they might learn next time. Tough love.

A fabulous way to trash your credit file.

I'd have a crack at suggesting they write off the debt. Firmly worded letter. Your error, spend £x,xxx in your supermarket each year, no deliberate act on my part etc.

If that doesn't work, pay what you owe.

somethingcorporate

Tough love, until it goes to court and the OP is found against and they have to pay!

It's a bit of a tricky web here OP. I think there were two agreements here involving yourself, your agreement with Tesco to pay in exchange for a TV and you and finance company, for them to pay Tesco for the TV.

If Tesco have not been paid then you need to chase the finance company to pay them and can bill you.

If you want to do the honorable thing then sign the new agreement/pay-up, if you want to try and get a free TV then keep stum and make them do the running. Legally, you still owe for a TV.

[Deleted User]

Treadmill wrote: »

Keep hold of the telly, don't pay and they might learn next time. Tough love.

I'd always understood tough love being about having to take a hard line with someone you care about, in the hope of a better outcome, despite the fact it is difficult and unpleasant for both you and them.

Not about getting a free TV.

bigadaj

Deleted_User wrote: »

I'd always understood tough love being about having to take a hard line with someone you care about, in the hope of a better outcome, despite the fact it is difficult and unpleasant for both you and them.

Not about getting a free TV.

Tough love varies dependent on your perspective, ask max Mosley.