Urgent help required with Hitachi Capital/DFS

[thesludge]

Firstly I apologise if this in the wrong place, but couldnt find anything related to Hitachi.

 

The story is as follows and I am desperate for some advice and help please. In November last year my partner and i got a new 3 peice suite from DFS, you know buy now 0% interest free over four years.

 

Had to do it as i am paying CSA for my 2 kids in last relationship and couldnt realy afford to shell out £995 in one shot. The issue we have got is that the suite was £21 a month and affordable, and to this day still is. However we moved house in February this year etc, and we wrote to them informing them of our new address.

 

Time went by and it must have been like 4 months before we realised we had no reply or contact from them. We genuinely had forgot. Anyway we called them to re-arrange the payments etc

 

They are having none of it and wanted us to pay £270 up front before considering the agreed monthly payments. We genuinely cannot afford to do this as my partner is on maternity leave etc. We was asked by a chap at Hitachi called Scott to take out a loan and pay them of which we really dont want to do.

 

He gave us 6 weeks to sort this out, which during that time my partner gave birth to our son 6 weeks early and they was both in hospital. As you can imagine the issue with Hitachi then was pushed to the back of the mind but not intentional as there was so much to do etc.

 

We got a call a few weeks ago asking when they was going to get their money of £270 otherwise action would be taken, of which they wouldnt discuss what that meant.

 

Tonight at 7pm we had a call saying that unless £270 was paid by 12.30pm tomorrow a default would be registered. Even if it isnt paid which it wont be they STILL will not agree some kind of compromise. I find it unfair that they are unwilling to help us, despite the fact the situation was explained about me paying the CSA and my new partner being on maternity leave. We are certainly NOT prepared to take out a loan meaning interest just to satifsy them.

 

I dont think its legal that they can ask us to do this? Does anyone have any help or advise please to remedy this situation.

 

Many thanks.

[MARTIN3030]

No its not right,its intimidation.

There is a requirement to give you written notice before a default can be entered have you had this ?

I am moving your thread to the correct forums.

 

 

Have a look here too.;

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/151655-hitachi-capital-just-sent.html?highlight=Hitachi+Capital

Edited November 27, 2008 by MARTIN3030

[thesludge]

No Martin, we havnt had that. They have said this over the phone though. We have had about 3 letters stating to make payment otherwise court action would take place, which as yet it hasnt, but again nothing mentioning defaults.

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/151655-hitachi-capital-just-sent.html?highlight=Hitachi+Capital

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/other-institutions/15659-beans-timeline-hitachi-capital.html?highlight=Hitachi+Capital

[thesludge]

right thanks. The letter that the member in that post above http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/151655-hitachi-capital-just-sent.html?highlight=Hitachi+Capital has put is the same we have recieved several times over. Forgive me for sonding dumb now, but by sending one of those letter templates etc, what will this acheive?

Edited November 27, 2008 by thesludge
mistake

[MARTIN3030]

Have a read through some of those threads.

You need to write a letter.

 

I suggest something along the lines of;

 

 

 

Dear.............

 

In regard to your recent communications with me,namely your telephone call on.................,I put you on notice that I will be making a formal complaint to the Financial Ombudsman.

A default cannot be issued or entered,without following the procedures as set out in the Consumer Credit act 1974 as ammended 2006.

You are required to issue me with statutory notice in compliance.Your suggestions to me that you will default me,in the absence of the procedures is in breach of the Consumer Credit Act,the OFT guidelines on Debt Collection,and additionally the Unfair Consumer Terms Regulations 2008.

I require you to supply me with transactional information under the Consumer Credit act,which shows payments made by me,any charges added,and the remaining balance.You should consider this account to be in dispute,from herein until the information I request has been furnished.

I enclose 1.00 as the fee for the request,to be used for this purpose only.

You have a requirement to refrain from default action,giving adverse information to third parties,or contacting me by telephone,since I request all communications are now to be made strictly in writing.

 

I am in a position to offer payments of........per week/month.

 

I look forward to your response.

 

 

Yours ...................

 

send recorded and keep a copy.

[MARTIN3030]

No since your is a legitimate debt,which you are not disputing,those letters will do little good.

The letter above is to remind them that they have broken rules.Also to give you the figures so you can see where you stand.

On a disputed account they cannot force adverse action.

 

It should give you time to negotiate a repayment plan thats within your means and also is not pressure tactics in breach of OFT guidelines.

 

You need to send that with a 1.00 postal order and send recorded delivery keeping a copy.

[MARTIN3030]

You could include in the letter,a true signed copy of my original credit agreement,with a copy of any deed of assignment.

However since it was only last November,its likely that your agreement will be in order,but worth a look.

DO NOT SIGN your letter....just print your name.

[thesludge]

thanks martin.

[MARTIN3030]

No problem.If you need further help just shout-theres lots of people here who know the process-however your case should also try to address their behaviour.

If you get stuck pm me and I will come back here to help.

[thesludge]

really appreciate that. Thanks

[thesludge]

right we had a letter come showing a default now on the account. My partner had also been contacted by phone over 20 times in a week. I took control today and spoke to someone there and they have now agreed a £50 payment each month and we dont have to pay the arrears up front. Good result i think tbh