Strange legal question.....

[CurlewKate]

My friend rented a musical instrument over 20 years ago. Unaccountably, she is still paying the £20 rental, even though the instrument was lost in a move long ago.🤔.

She got a letter last week asking for the instrument back. She replied saying that she had now paid more than twice the instrument's worth in rental, so she would just stop paying rent and they would call it quits. They have just replied saying that they wouldn't accept this as it was a rental agreement, not some form of hire purchase, and they want her to pay the full cost of the instrument or they are going to take her to court. Are they being reasonable? Is there anything she can do?

It's been damaged, stolen or sold would be my guess. It's not like it's a flute in a case.

If it was being stored (cupboard, attic, eaves, cellar) I can understand how it might be left behind in a house move. And not missed afterwards.

Legally this will be a Consumer Hire Agreement regulated under the Consumer Credit Act, and also now (as it’s 20 years old!) by the Financial Conduct Authority.

She (assuming it’s a woman) needs to tell them that she is terminating the agreement and given its term and how much she has paid in rental over it she is not liable for any claim in relation to the flute’s value. If they persist in doing so, she can thn tell them if they to take any action to recover it she’s bring a claim against them under section 140A of the Consumer Credit Act that the credit agreement has created an unfair relationship and she wants compensation from them.

And then send them a formal complaint saying the same thing, and that she has been treated unfairly. And refer it to the FOS if they don’t resolve the situation. Because she might get some money back m them by doing so.

Hopefully that will sort it out…

I don't have any more answers! Except that it was small-like a sofa table. Not like a piano or a harpsichord. And the legs unscrewed. I do remember adjusting the legs because her floor was uneven.

What the hell? A clavichord??
How the hell do you lose one of them? And how do you not notice you are paying 20 quid a month for it?
She will have paid 4800 for it over the 20 years, but actually it could be worth more than that. It's not a student violin or clarinet which people have mentioned on the thread.
I think she does have to pay for it or hand it back. It was a rental, not hire purchase. That means it has to go back at the end of the rental period.

I rented a piano years ago as a student. At the end of my three years in that city I decided I really liked the piano and wanted to buy it and asked if they would take the rental payments off the price. He told me in no uncertain terms that I had had a rental agreement, not hire purchase and I'd have to pay the full amount. So I said I'd think about it and get back to him. But he rang an hour later and said he would take the rental payments off the price!

Ok it being a clavichord changes everything. From the fact it got lost with no mention of what sort of instrument it was, it sounded like something small and 10-a-penny.

I think she will simply have to replace it like-for-like and I can see why they are struggling to believe anyone lost one rather than that they sold it on ebay for a bit of cash (I'm not saying she did, I'm just saying what they will probably think).

pinkyredrose · Today 12:51

Why on earth didn't she tell them at the time?

I know! Or at least, within a few months. at least she could have paid off the second hand value of the damned thing.

On pianos, I came home from working away to discover that we had an upright, from a charity shop. Apparently, it was £20 and £25 delivery, the 3 blokes said they would never do one again.

we had it tuned and apparently, it's an 1880 Otto Altenburg, probably worth about £200, ten years ago.