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Original poster

Does anyone know where i stand with this???

25 replies

Loobie · 31/07/2005 18:06

Beginning of last year i signed a finance agreement for a leather sofa for my mum on the understanding that when she was made redundant early april she would pay off the sofa.
It was prurchased on a buy now pay later deal,whereby she could either pay it all in the oner early April this year or it would go onto monthly payments with interest added on.
We had a major falling out in the summer of last year,come april this year i heard nothing from the finance company to say that she had paid the sofa so i presumed she had gone onto monthly payments,yesterday i receive a letter from the fincance company saying that the account is a month in arrears and they have added £30 to account,she has stopped paying the sofa!!
Now my question is am i liable for the finance payments for the rest of the sofa?? I guess i am because its my name on the gareement but wondered if i had any chance that they would chase her for the payments instead of me,the sofa was delivered to her address and the direct debits have come from her account so far.Does anyone know where i may stand with this!!

OP posts:
purpleturtle · 31/07/2005 18:11

I would have thought that you are liable, because it is you they've made the agreement with. Sorry.

kid · 31/07/2005 18:12

I would contact the finance company first and explain the situation to them. If that fails, try 08454 040506 - Consumer Direct. They proved very helpful the other day when I had a problem.

Have you spoken to your mum about it at all?

hunkermunker · 31/07/2005 18:13

I think that you are liable for it as it's your agreement.

Is there no chance you can talk to her?

neednewpants · 31/07/2005 18:13

i think it's down to you.

Original poster
Loobie · 31/07/2005 18:27

yeh i thought it was down to me, and no i havent contacted her,the fall out last summer was a very serious one for which i will never have contact with her again if i can help it!! my da dhas said he will take over the payments for the sofa if i can get it back out of her house,which i intend to do if the finance company tell me im liable for the cost.I havent been able to contact the compnay yet as i just got the letter yesterday and there was no-one in the office on a saturday so will contact them tomorrow and a solicitor see what they think.

OP posts:
Twiglett · 31/07/2005 18:31

I believe you are liable

but you should get someone to write to her to notify her that payments need to be made or the sofa returned .. maybe a solicitor's letter? it may have been an oversight

sorry you are in this position, it sounds tough

Janh · 31/07/2005 18:31

Surely they should go after her first, bailiffs and whatnot if necessary, and only if they can't get anything out of her should they come to you?

One month in arrears seems a bit soon for them to let her off. (It wouldn't be DFS would it?)

Original poster
Loobie · 31/07/2005 18:36

Its not DFS is land of leather the finance company is one called open + direct.
The thing is too that i got a new sofa for myself on the same deal 8 months before i got hers and i paid all mines off in full in the time specified so as not to incur the interest and she goes and does this which leaves me liable for a sofa which she is sitting her backside on.I dont really want to give her notice that i would be coming for the sofa as she is liable to destroy or damage it so i couldnt put it to use!! she has turned into a very strange women in the year i have had no contact and done many things i would never have imagined

OP posts:
vickiyumyum · 31/07/2005 18:36

i would havethought it was you liable for the debt as the agrerement is in your name. this happened to me with a mobile phone, i had a contract phone and sold it to my friend when i upgraded and changed networks, she was going to take over the contract but they declined her, so we just swapped direct debit to her bank and then she paid but the phone was still in my name.
she stopped paying and i was the one that got the black mark against my name on my credit history. the company said that i had to pay and then take her to the small claims court to be reimbursed, i spoke to citizens advice and they confrmed that this was true.

vickiyumyum · 31/07/2005 18:38

i would just turn up then unannounced with a van and say unless she can show you proof that she has paid you are taking the sofa back.or send her aletter and a summons to the small claims court it doesn't cost agreat deal and any costs incurred can be clamined back if you win.

Original poster
Loobie · 31/07/2005 18:41

Vickiyumyum that sounds about the same situation to mine the only thing i was wondering is that since the sofa was delivered direct to her and the payments came from her hence then the sofa has had no contact with me except for my name on the agreement im wondering if this will have any bearing.

OP posts:
vickiyumyum · 31/07/2005 18:44

its worth ringing the finace company and asking them before having to resort to small claims courts.

aloha · 31/07/2005 18:45

Have you posted this before Loobie? I could swear I've read an identical post on this subject!

Original poster
Loobie · 31/07/2005 18:49

No never posted it before i just received the letter yesterday so the problme has just arrived

OP posts:
Twiglett · 31/07/2005 18:54

aloha .. you and I have been here too long , I remember this before too

Original poster
Loobie · 31/07/2005 18:55

How do you both remember this before i dont understand??

OP posts:
Twiglett · 31/07/2005 18:56

another poster .. a spookily similar problem .. HP payment agreement for mother and they'd fallen out big time .. don't remember what happened

Original poster
Loobie · 31/07/2005 18:59

Right not from me then obviously! could you maybe find the thread for me to look atand see how they got on if they had any success in getting the problem sorted and if so how they did it?

OP posts:
kid · 03/08/2005 08:38

Did you phone them Loobie?

Original poster
Loobie · 03/08/2005 09:33

Ive spoken to everyone,consumer direct,citizens advice,lawyers,police,and even had to phone the evil women herself,she is declaring herself bankrupt apparently and is not paying another penny towards the sofa.As expected i am liable for the finance agreement ,have another appointment to see the lawyer with the terms and agrremtns of the finance agreement to see what she can do with it. So now i have to make a decision as to whether i go through with the court case,while paying for the sofa and maybe not get any money out of her in the end up anyway and she still have the sofa ,or going up woth friends a nd a van and removing the sofa??

OP posts:
kid · 03/08/2005 09:53

I think you need to take the sofa off her. How can she leave you in this position. Has she only done it because she has had an argument with you or does she genuinely have no money?

Original poster
Loobie · 03/08/2005 22:15

She was supposed to pay it off with her redundancy money but hasnt so i think this is purely out of spite !!

OP posts:
HellyBelly · 04/08/2005 16:48

Sounds like just the sort of thing my dh's evil mother would do!!!

Sorry you are going through this

jamboure · 05/08/2005 19:45

I know loobie in RL and her mum has been nasty to her.

Her mum will play evil games with her if she does get wind that she is coming for the sofa and will destroy it.

Loobie also has 3 kids and her mum aint taking this into consideration either when she is expecting loobie to pay the sofa

Hausfrau · 05/08/2005 19:49

This reply has been deleted

Message withdrawn at poster's request.

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