Hello. A week ago my husband and I received a Kirby "demo" after the demo we decided to purchase the vacuum/carpet cleaner so we filled out a purchase app however, because I am in a open chapter 13 bankruptcy my husband filled out the application as a individual buyer. After the salesman talked to someone over the phone they determined his income was not enough that they needed me to be on the contract. I explained to them about the bankruptcy and that I cannot obtain any new credit at this time. They told us they would only use my income information not my credit and I would not be on the application as a buyer. They then said we were approved but we didn't have any checks to void for the payments so the salesman took the vacuum and said they would contact me when I get the voided checks. A week later, a supervisor contacted me asking if we still wanted the Kirby. I said yes and explained the ENTIRE situation with them regarding my bankruptcy and the checks (we do not use checks only debit card). She said she would call me back after she spoke with her manager. Later in the day, she called back and said if we were still interested we could still get the cleaner that we were approved. She (the supervisor) brought us a vacuum/cleaner and we signed another contract and received warranty/contract documentation. Now a week later, the same supervisor contacted me saying we are not approved and they need to come get the machine saying because of the open bankruptcy they cannot approve it. The problem here is that they've known about the bankruptcy and that I couldn't be on the application as a buyer since the first day and said it wasn't a problem. I want to know if they can do this? Is the financial contract we signed legal? Are there any legal financial obligations on their part? I can see if they didn't deliver the machine but I have the machine and a signed contract.
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Consumer Law, Warranties Signed Financial Contract
- Thread Starter rstew
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mightymoose
Moderator
Read your contact for any language about who can cancel the contract, for what reasons, and when. The answer to your question is already in your hand. Read it.
That said, you are not required to do anything at all unless a court orders it. If you want the vacuum, you are paying for it, and believe it is yours to keep after reviewing your contact, then keep it.
If the Kirby folks want their vacuum back they can seek resolution through the courts. They won't likely do that so long as you are paying.
It does amaze me how much people pay for those things.
That said, you are not required to do anything at all unless a court orders it. If you want the vacuum, you are paying for it, and believe it is yours to keep after reviewing your contact, then keep it.
If the Kirby folks want their vacuum back they can seek resolution through the courts. They won't likely do that so long as you are paying.
It does amaze me how much people pay for those things.
Thank You for your reply! We've only paid the down payment. The regular payments are not due to start for another month. The contract wording is confusing. One part says 'this contract may be assigned to *** financial services and *** financial services company may then be considered a creditor. We agree to notify you promptly of such assignment (this is whom we were told approved us). If not assigned to United Consumer Financial Services Company, or another creditor, we may cancel this sale. *** financial services company is not responsible for legal compliance or enforceability of this contract, including the preprinted provisions of this contract, if this contract is not purchased by *** financial services company.
Then it says, "the seller identified on page 1 hereby immediately sells, assigns and transfers to ***financial service company (same as above) all our right, title and interest in and to the contract together with the chattels described therein with full power to take legal preceedings in name of **** or seller, effective on communication by *** of the decision to purchase the contract or as otherwise provided in the distributor agreement between *** and the seller, incorporated herein. The seller acknowledges that this assignment incorporates by reference the terms of the distributor agreement including but not limited to the representations, warranties, liabilities, conditions and obligations of the seller contained therein.
*** financial services takes assignment based on receipt of an electronic copy of this contract. Control of the electronic copy of this contract by *** creates a perfected security interest.
Then it says, "the seller identified on page 1 hereby immediately sells, assigns and transfers to ***financial service company (same as above) all our right, title and interest in and to the contract together with the chattels described therein with full power to take legal preceedings in name of **** or seller, effective on communication by *** of the decision to purchase the contract or as otherwise provided in the distributor agreement between *** and the seller, incorporated herein. The seller acknowledges that this assignment incorporates by reference the terms of the distributor agreement including but not limited to the representations, warranties, liabilities, conditions and obligations of the seller contained therein.
*** financial services takes assignment based on receipt of an electronic copy of this contract. Control of the electronic copy of this contract by *** creates a perfected security interest.
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