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Topic # 202002 13-Sep-2016 14:01
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So I bought Personalised Plates on Layby. There is initial payment, followed by 3 monthly payments. Within the time before final payment, one can cancel the agreement and get a refund less $100 admin fee.

They were for my wife. I made initial payment on the 20th, and first 2 monthly payments were on 20th, therefore I'd expect final payment to also be 20th. My wife announced she was leaving on the 15th and left 17th. I went to cancel my layby, to discover that final payment was already taken 5 days early.

I wrote an email direct to the guy dealing with it at PP, only to never get a reply.

Then today made the discovery that after 28 year monopoly, Personalised Plates Ltd no longer make plates... thats been handed over to Kiwiplates. So I'm guessing here that could explain the no reply - he may not work there now.

I've written to customer support and they replied too bad that I tried to cancel on 17th, 3 days before final payment because we made it on the 15th.

Do you think I'm in the "right" as payment came out early?

Citizens Advice, Consumer, etc say one can cancel a layby at any point before you take possession of the item. I have not commenced process at all to get the plates made, so have I not taken "possession", and could argue it from that angle?

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  Reply # 1628578 13-Sep-2016 14:07
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Sorry to hear about your troubles.  I think you are out of luck.  I guess you could try and sell it on trade me.

 

Remember to include the out of pocket amount when you come to negotiate a relationship property settlement.





Mike

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  Reply # 1628583 13-Sep-2016 14:09
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 therefore I'd expect final payment to also be 20th

 

What are the exact terms in the contract in regard to when the payment would be taken?

 

They may define "one month" as 28 days, which would explain why it happened earlier than you ecpected ? 




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  Reply # 1628634 13-Sep-2016 15:30
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As personalised plates no longer exist, I can't do "mock" purchase of another set of plates to read the T&Cs again, as I was not provided a copy.

They took payment 20th, 20th, 20th, 15th.



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  Reply # 1628635 13-Sep-2016 15:31
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I should add between that last 20th and the 15th was when they stopped trading. Whether that explains the early payment.

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  Reply # 1628642 13-Sep-2016 15:44
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I'd have thought that it depends on the terms the new people took on the job. If they assumed all liabilities and so forth, then that would include the lay-by and the terms thereof IMV. IANAL however.

 

 

 

I've bought two sets of plates from PP and they do not make the plates - once you have paid, you get a document which gives you the right to have manufactured the plates. You have quite a long period in which to submit that document and that is what causes the plates to be made.






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  Reply # 1628667 13-Sep-2016 15:47
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Did you take delivery of the plates?





Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

 It's our only home, lets clean it up then...

 

Take My Advice, Pull Down Your Pants And Slide On The Ice!

 

 




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  Reply # 1628670 13-Sep-2016 15:53
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The Fair Trading Act states a copy of a layby agreement must be supplied but wasn't.

And Mike, no i received an email with the
"right to receive plates", and have not taken any steps towards manufacture.

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  Reply # 1628683 13-Sep-2016 15:56
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Not a lawyer but if you have not taken delivery I believe you can still cancel the layby and ask for a refund. I believe they are entitled to deduct reasonable admin cost. Hopefully one of our fine members that are lawyers will

 

give some input here.





Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

 It's our only home, lets clean it up then...

 

Take My Advice, Pull Down Your Pants And Slide On The Ice!

 

 


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  Reply # 1628746 13-Sep-2016 16:46
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I'd be talking to the bank as well as it appears that they took the payment before the agreed date and the bank let them.

 

 

 

As a side note, this is why I don't like direct debits, gives someone else access to take money from your account




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  Reply # 1630834 15-Sep-2016 12:24
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Now i can see another problem. The details on the right to receive are incorrect, the invoice says to call their 0800 number, however as they are out of business the number just plays a recorded message with no option to speak to someone... And instead directs to email them... However it seems only one person is monitoring the emails once a day and my last email has been ignored.

I wonder if a charge back is an option here? The thing is charge backs have 90 day limit, and I'm thinking it might not go back to first payment 4months ago and that the 2nd payment is about to roll off 90 days as well.

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  Reply # 1630864 15-Sep-2016 12:48
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Presumably if the company has gone out of business, then OP might be an unsecured creditor.

 

I've never seen the point of layby; you're effectively giving a company an unsecured interest free loan.  Surely it's better to put the money in a savings account and pay the full price when you have enough funds.


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  Reply # 1631131 15-Sep-2016 17:19
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Geese: Now i can see another problem. The details on the right to receive are incorrect, the invoice says to call their 0800 number, however as they are out of business the number just plays a recorded message with no option to speak to someone... And instead directs to email them... However it seems only one person is monitoring the emails once a day and my last email has been ignored.

I wonder if a charge back is an option here? The thing is charge backs have 90 day limit, and I'm thinking it might not go back to first payment 4months ago and that the 2nd payment is about to roll off 90 days as well.

 

 

 

I would head down the charge back route ASAP as they aren't responding to contact and haven't supplied the goods


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  Reply # 1631138 15-Sep-2016 17:26
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shk292:

 

Presumably if the company has gone out of business, then OP might be an unsecured creditor.

 

I've never seen the point of layby; you're effectively giving a company an unsecured interest free loan.  Surely it's better to put the money in a savings account and pay the full price when you have enough funds.

 

 

It means you can lock in a decent price if things are on sale and not take delivery of it immediatly, and you can change you mind and be out a small admin fee if you nolonger want it. Also for something like a plate, it may get sold in the interum. But over 4 months on something that will not drop in price I would have thought just whacking it on the visa and paying the few % of interest over that same time would work out to not cost much more and mean less hassle.

 

I use layby quite often on large purchases at the warehouse, since they are notorious for putting prices up and down all the time, so go in when you think it is the cheapest, layby the TV, and pay it monthly till you are ready to put it on the wall and then clear it and take it at that time, however if they become cheaper because of stupid sale pricing, then cancel the layby, pay the $5 and do another one at the new price.

 

They have since stopped layby on BBQs and TVs and other large things like that at the warehouse near me.





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  Reply # 1631152 15-Sep-2016 17:51
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As it sounds like you have paid for the plates now, can you get his new company to send them so you do actually end up with something for your money? Or is it a case of them now wanting to send you  the plates, and you not wanting the plates, and want a refund under the layby agreement, less the penalty fee? If paid for via credit card,I would contact your bank to see what they suggest. You would really need to look at the layby agreement over the timing of when payments should be made, and the final date that you had the right to cancel it by.


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