Paying for a card reading machine despite not having one

TonySmith2463

I run my own business and decided to use Payzone UK as a supplier of a card reading machine to help with payments from customers.
There was some difficulty in delivering the machine as I was always out working, I have signed a contract and both Payzone UK and Barclaycard are taking monthly payments but I don't have the machine.
Payzone UK are poor at replying to telephone calls; I have made a written complaint which they have looked at and determined that because I can still take their machine then the fault is mine and that they will continue taking payments.
Their T&C's state that payment commences on the Delivery Date but they have not successfully delivered the machine - I have a secure bin for deliveries but they insist on a signature. I can't take time off work when I don't know the delivery date and TBH they're customer service is extremely poor.
I have complained to the FOS but it looks like I will need to look at legal action - do I have a leg to stand on?

marcarm

Business transaction so consumer rights do not apply.

Someone will be along with more advice soon I am sure

Fosterdog

If you’ve ordered something you need to make yourself available to accept delivery, they can’t control when you are or are not home. Can you arrange delivery to a different address (friend or relative) who is mostly at home and can accept it for you? Or find out what courier is being used and see if they have a depot you can go to.

These sort of places to tend to have pretty ironclad contracts so unless they have beached it in any way you won’t have much if any comeback on this.

theonlywayisup

As this is B2B it is all down to your contract.

I use Worldpay for my business and don't have any issues with new machines when they are sent out. If they need a signature to deliver then you have to make provision for that. You own your own business, therefore you can and should make yourself available.

TonySmith2463

Just to say thanks for replying; I have attempted to have someone in the house but there's no information on when or if the machine was going to be delivered - can't have someone home 24/7.
Payzone customer services are really poor so I've complained to the FOS for breach of contract - the contract starts after delivery but despite them stating the contract is ongoing, I have no machine (???).