Help Credit Agreement !!!

joanne0620

Hi peeps,

I need some urgent help regarding a credit agreement that my husband signed in our own home for a central heating system from a central heating company.

The heating companies rep's came to our home on 2nd April 2008 completed a quick survey and after some hard selling techniques my husband decided to sign the credit agreement.

During this time, we decided against the credit and on 8th April we received a copy of the finance agreement which was returned to the credit company on 11th April by 1st class mail (1st mistake). We also contacted the heating company to confirm the termination and also followed this up with a letter to the heating company sent by recorded delivery on 12th April.

As far as we were concerned this was the end of it as we didn't hear anything from either the credit company or heating company. We have now received several letters from the heating company saying we owe them a percentage of the sale - even though we've not had any work completed. My husband called the credit company who confirmed they hadn't received the agreement ! We are really worried now as the letters from the heating company are a little threatening. The salesman who came to our house also confirmed we had a 14 day cooling off period, which we followed.

Can anyone help as we are really worried and don't know what to do as we thought we followed all the requirements to cancel.

Help appreciated..

Joanne & Phil :mad:

homer_j_3

Do you have any evidence that you sent this letter to cancel?

Have they told you where in the agreement/contract/paperwork you signed stated that you would owe this money?

~Beanie~

Under the consumer credit act, any credit agreement signed away from the business premises is subject to a cooling off period.

You signed it in your own home so should be able to cancel within the cooling off period.

Have they received the letter sent via recorded delivery? I assume they have and in which case, as it was within 14 days they should have cancelled the agreement.

joanne0620

Hi Homer, Unfortunately I do not have any proof that I sent the copy of the agreement back to the Finance company as I only sent it first class. I did send the cancellation letter back to the heating company by recorded delivery to cancel. The Heating company however are saying because the finance company hasn't received the agreement back they cannot cancel and according to their terms and conditions they can enforce the agreement. I was advised on the telephone by one of the heating companies reps that a letter would be sufficient to them to cancel.. I believe I was mis-advised, but they of course denying this..

homer_j_3

If you have proof that you wrote to cancel and it was in the cooling off period then I would look to argue.

Just because they say you have to do something in a contract, it does not mean that they can make you do it.