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My Wife Is Being Taken To Small Claims Court

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fudgefudge | 14:59 Fri 08th Jan 2016 | Civil
12 Answers
credit card company the machine we had we told this company we did not want and can we cancel contract. told we would it was out of contract, we got another company in. i rang up to to fomally end contract. they then said it would be rolled over for 12months. so my wife continued to pay contract 12 month rang to then sent machine back with registered post then a letter under
to say it was cancelled. did not respond to both. how does county court work any help please
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It's not easy to follow this fudgefudge. What are you being taken to small claims court for? You said tour wife continued to pay. So are you now talking about another year?
Before you fill in the dispute form may I suggest you get help putting your case into words ? It may help you when the judge has to read and understand your side.
Question Author
she paid for another year, then stopped, roughly 1 year later this started they are claiming rent till 2020 and machine
unforyunatly its in court on 14/1/16 well we are at mediation on this date.....sorry for any errors ive made not good at this
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So it seems the owners of this 'machine' believe the contract was set to run until 2020
I think:

Wife has business and was supplied a credit card reader by Company A. She tried to cancel the contract but was told it would roll over for another 12 months so she continued to pay the rental for the machine.

At the end of this 12 month period she phoned again to cancel the contract and returned the machine by registered post with a letter confirming the cancellation. At this point she stopped paying the rent to Company A.

Wife never had a reply from Company A to either the letter or the return of the machine and is now claiming arrears for the unpaid rental of the machine.

It seems the company that rents the CC machine to your wife thinks the new contract is for five years, not one.
Devil`s in the detail. Need to pull out the contract to see what the terms say.
Mediation may be a meeting or a telephone call

what you need to do is sit down with a pencil and paper
and just write out .....

1. wife agree and signed a contact with XYZ company on X date
2. the contract was for Z and cost thrity pounds
3. the contract was to run for 12 months initially
3. she rang on this date and said

this will clear it in your own mind for the mediation meeting

You may feel that the contract that they are now enforcng is unfair and so you might work that in somewhere as well

and good luck - get to work now !
Question Author
the guy said we have a sound case but need a offer to finalize it we agreed to £200 yes we did
Question Author
just to let you know we made an offer of £150 they were claiming £900

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