Hitachi Personal Finance Quandry - HELP!

DanWrightGreen

Hi guys

Really looking for some advice if possible, this forum has always been a great help so I thought I'd pose the issue here to see peoples thoughts.

I bought a laptop on finance through Hitachi just over a year ago, the DD was set up and regular monthly payments have been made. There have been one or two payments which bounced and were subsequently re-debited (along with a fee) a few days later. I have been through my bank statements and it appears that Novembers payment bounced and subsequently bounced again (not good I know). Decembers payment then went through without issue.

I received a lovely letter from Hitachi on January 5th in the form of a default letter. Obviously after receiving this letter I called Hitachi to explain the situation (my wife has recently changed jobs, therefore our cashflow has slightly altered). At the time I couldn't make the payment they were demanding, and I explained that I needed to change the DD to the 31st and also that I would pay the arrears at the end of the month. All sorted I assumed.

Apparently I assumed incorrectly. I have just received a letter proclaiming that my agreement has defaulted and payment must be made for the balance in full. On top of this they would like a fee to be paid in the space of 48 hours!

I called them as soon as I received the letter, and was connected through to whom I can only describe as an utter cretin. I explained that I had spoken to one of their colleagues earlier in the month and that he had changed the DD date and I informed them that I couldnt pay until the end of this month etc, his answer after listening to the previous call was that it didn't matter what was said on the call, the letter states something else. He told me in the most aggressive and arrogant tone that their staff are not there to explain the rules, it is our job to read the letter. When I commented on his terrible customer service skills he told me that I wasn't a customer as I was a "non-paying customer", unbelievable.... I swiftly ended the call after half an hour of getting nowhere.

Firstly, the payment missed in November was for around £60, the arrears they stated on the letter dated the 5th was £140. They have not detailed what the delta even relates to - can they do this?

Secondly, can they really demand a fee be paid in 48 hours?

Thirdly, is this default notice legit and can they enforce it even though I called them and made them aware of the situation? I have effectively only ever missed one payment and they have defaulted me even though I showed no resistance to actually paying the money owed, thus more than likely rendering my credit history shot to bits.

What are my rights here and what can I do about this dilemma? I really would appreciate whatever advice you chaps could provide

Here are copies of the two letters in question (I cannot post links yet it seems)

http /s23.postimg.org/aq1g5gxiz/20140130_190315. jpg


Kind regards

Dan

chalkie99

First thing - remove the second link which shows your easily traceable name.;)

DanWrightGreen

Haha well spotted, I even double checked which is the scary thing!

FYI the second letter is just the actual default confirmation, not much info on it other than the balance owed and the ridiculous fee

BillJones

The fact that you called them and explained why you had defaulted doesn't alter the fact that you did default. Your first step should be to go back ad check the original agreement, and make sure that they are acting in accordance with what they said would happen if you broke your side of the deal. You reneging on the agreement does not give them carte blanche to do just anything, but it's not unusual for you to need to make repayment in full.

DanWrightGreen

The thing is they are defaulting me over one months payment after they have already collected the subsequent months installment.

EDIT - just checked and they've just taken January's payment today....

The letter stated I had 21 days but does the fact I called them straight after receiving the letter and explained that I couldn't pay until the 31st ie 26 days not count for anything? The guy on the phone did not even query this when I told him! So frustrated....

fermi

That is a formal default notice under s87 of the consumer credit act 1974, which they have to issue and has a prescribed form and content. They HAVE to issue one of those before they can be entitled to default and terminate the agreement. They are only be required by law to give you a minimum of 14 days to bring the payments back into line.

The law is the law with these notices, and they cannot be over-ridden by what anyone tells you on the phone.

If you want to check out the legality of the notice I might check on legalbeagles or CAG.

DanWrightGreen

I will have a check over there as well, thanks

It just seems ridiculous that they have essentially defaulted me over one payment which I would have happily paid yesterday.... And the fact they have taken two further payments since the missed instalment AND still defaulted me is overly harsh in my view - the latter of these payments has been taken AFTER the default was issued.....

DanWrightGreen

Sorry to bombard with info but I have made a significant discovery - it appears the date on the default notice is incorrect. It refers to full payment not being made since 10 July 2013. I have double checked and the only payment ever missed was November. Does this render the default null and void???

SuperAllyB

Was July the date of the first of the "one or two" bounced payments?

DanWrightGreen

Just checked and there was one in June and one in July - both of these were retaken a few days after bouncing with a fee added on top, so technically both completely settled within a very short space of time via Hitachi claiming the DD again - the date on the letter states 10/07 which relates to nothing of any significance at all