Deceased with outstanding LOAN with Hitachi Capital

MrsTinks

Personally I'd send them a letter asking them to pursue the person who signed the credit agreement if they feel that after all the documentation you have sent them they still have a claim... then give them the details of where is has been interred... but then I have a very twisted sense of humour like that...

chesky369

No, actually it's really best not to get sarcastic or funny with people like this, however much you're tempted. You want to get rid of the problem as quickly as possible, and going this route very often drags things out, with them refusing to back down.

malcolmffc

If your nan died penniless, why did she have to buy a sofa for this "family friend" in the first place? Just curious.

richard734

I would suggest a polite email with just the facts ' Outstanding loan on sofa, Nan deceased, estate cleared out by funeral costs' to [EMAIL="ifilby@dfs.co.uk"]ifilby@dfs.co.uk[/EMAIL] (CEO) - Ask him politely to see if he can intervene in this matter as the reputation of his company is being seriously damaged by the actions of the business partners he has chosen to reprecent them (Hitachi).
Add a closing line about how you hope he can resolve this and that in desperation to stop this harrasment, you may have to apeal to the local and national press to publicise what has been going on.

While we all recognise that the loan is with Hitachi Finance, they are representing DFS and if you did go public, DFS would bear the brunt, not Hitachi. Believe me, teh last thing a multimillon pound company wants is publicity around how surviving relatives are bullied, harrassed and lied to of relativly small amounts of money.

magpiecottage

Sorry - been away from this for a few days.

If it IS a hire purchase, then the sofa belongs to Hitachi and they are entitled to it back.

If they took a charge over it then they are entitled to take possession of it. However I suspect that would involve a court order.

Technically they are correct - all assets of the estate must be used to meet the debts of the deceased. However, there are priorities that MUST be met in the first instance. That includes the reasonable cost of a funeral and the executor's reasonable out of pocket expenses.

That could prove quite expensive if the carer resists having the sofa "repossessed" - probably more than the sofa was worth anyway.

I suggest you write to Hitachi pointing out that since they neither own the sofa nor hold a "legal charge" over it, they are unsecured creditors. It appears that, after funeral costs and the executors' reasonable out of pocket expenses have been met, there will be no surplus assets. The sofa was passed to another person as an unconditional gift and you do not see how, without a court order, you could retrieve it.

To do that would probably cost more than it is worth. Even if it did not, the proceeds, after the costs had been met, would be divided between all creditors and not simply passed to Hitachi.

In the circumstances, you see no purpose in attempting this and would be grateful if they would confirm the debt has been written off as it is adding to your distress.

telboyo

malcolmffc wrote: »

If your nan died penniless, why did she have to buy a sofa for this "family friend" in the first place? Just curious.

Dying penniless is what I would call bloody good timing.

As for the loan solicitors etc just do absolutely nothing, in this case ignorance is really the best option.

Remember there is only 1 thing any of us has to do in life and that is die- your Nan has done that so nothing else can come of it.

P.S. You don't have to pay taxes al they will do is put you in prison.

Twilighter

malcolmffc wrote: »

If your nan died penniless, why did she have to buy a sofa for this "family friend" in the first place? Just curious.

My nan lived in a council bungalow on a government pension and a small private pension as she worked all her life.

This family friend is good enough as family, and was very good to my nan over the years. My nan treated her like another granddaughter.
When this family friend lost her job, and flat what she was renting (no job, no money to pay rent) My parents took her in whilst she saved enough money for a deposit for another flat. When she finally managed to get another flat my nan wanted to buy her a sofa as a thank you gift. My nan didnt have the money to pay it out right so she got the sofa from DFS and paid monthly. She was able to afford to do that way.

Twilighter

** UPDATE **

Hi everyone, after recieving some great advice on here I wrote solicitors a letter basically echoing what you all said ... politely I must add lol

However, I recieved this email from solicitors today .....

"Unless we receive your proposals for the repayment of the sum of £389.80 within the next seven days, failing which we have been instructed to issue proceedings against you as personal representative of the estate of the late (my nans name), due to your lack of response.

We trust this will not be necessary and this matter can be resolved amicably."

So im gathering they didnt recieve my letter - Royal Mail service let down once again. The cheeky gits aye!! So ive now responded to them via email and attached a copy of my letter I sent.

In regards for their 'lack of response' comment, since my nan has passed away I have been intouch with them by phone and emails on a number of occasions. I was genuine enough to contact their client informing them of my nans death. Most folk would of left it and now i'm having to deal with this stress as well as grieving. :mad:

Vikipollard

Very sorry for your loss Your nan sounds like a lovely lady.

Might be worth copying them (the solicitors) in to your email to the CEO of DFS that was suggested in an earlier post, and I'd be sure to contact the OFT and Legal Ombudsman.

And be sure to suggest making a claim for the stress and intrusion their harassment is causing you.

poppasmurf_bewdley

Make sure any post you send to the solicitor is by Recorded Delivery. (77p, I think)

I would suggest writing to them again telling them that you are aware of the Office of Fair Trading guidelines which say they must not pursue someone for a debt for which they have been already been told they are not responsible for, and that unless it stops you will report them for acting illegally.